Italy must act within months to avoid EU infringement on prison overcrowding

The European Commission has warned Italy that it has only a few months to demonstrate concrete measures to reduce prison overcrowding, or risk an infringement proceeding under Article 2 of the EU Treaty. Commissioner for Justice Michael McGrath noted that “the situation of Italian prisons is of extreme seriousness” and that the overcrowding rate has reached about 140 % of regulatory capacity.

National monitoring shows the occupancy rate climbing from 134 % in June 2025 to nearly 140 % by early 2026, indicating roughly 2,000 additional inmates above the available beds. Italy ranks fifth in the EU for prison overcrowding, with 64,708 prisoners in 190 facilities but only 46,256 usable places. The issue is compounded by staff shortages, high suicide rates, and a large proportion of detainees facing drug addiction or mental health problems. President Sergio Mattarella has called the situation “grave, unsustainable and a social emergency.” The Commission plans to publish a full assessment by the end of 2026 to evaluate national measures and determine further action.