MEP Pina Picierno (S&D) has submitted a written parliamentary question to the European Commission on 21 May 2026, raising concerns that an algorithm used to calculate detention space in Italian prisons may be masking overcrowding and violating prisoners' fundamental rights. The question targets the use of a revised algorithm that modifies the walkable area of cells, allegedly contravening case law and allocating non-existent per capita space to inmates. This practice, Picierno argues, contributes to prisons operating at 140% of statutory capacity, and she calls for EU-level monitoring and binding standards.
Picierno's question references an inspection of Rome's Regina Coeli prison on 30 September 2025, conducted with representatives from the NGO Nessuno tocchi Caino, which found that approved cells fell short of minimum standards under Article 35(b) of the Italian Penitentiary Act. The MEP notes that Italian authorities have yet to propose remedial measures.
first, that the Commission launch a monitoring exercise to assess whether detention conditions in Italy comply with Article 4 of the EU Charter of Fundamental Rights (prohibition of torture and inhuman or degrading treatment), with particular focus on algorithmic tools that alter detention conditions; second, whether the Italian authorities' failure to act is consistent with obligations under Article 2 TEU (respect for human rights); and third, that the Commission promote binding, uniform EU-wide standards for calculating prison capacity, based on the Council of Europe's European Prison Rules (Rec(2006)2), to prevent methodological differences from concealing overcrowding.
Picierno pushes for stronger EU oversight of national prison conditions and algorithmic governance, advocating harmonised standards to close loopholes. The question signals a concern that technology may be used to circumvent human rights protections, and calls for the Commission to take a more active role in enforcing fundamental rights in member states' penal systems.
The Commission is required to respond within approximately six weeks. Its answer will indicate whether it views prison overcrowding and algorithmic space calculation as a matter for EU action or as a national competence, and whether it is willing to propose binding capacity standards.