The directive in question, Directive 2013/48/EU, sets out vital protections for individuals in custody, including the right to legal representation and communication rights during detention.
Additionally, it mandates that parents or guardians of minors detained must be promptly informed.
Despite repeated warnings and correspondence between Brussels and Luxembourg, the Grand Duchy’s response to the reasoned opinion “did not provide proof of a correct transposition of the directive”.
The European Commission initially raised concerns with Luxembourg in November 2021 through a letter, noting the deficiencies concerning parental notification in cases of juvenile detention. Subsequent follow-ups, including a reasoned opinion issued on 1 June, 2023, failed to elicit evidence of adequate compliance with the directive’s provisions.
If Luxembourg is found guilty of breaching EU law, it could face substantial fines.
The Grand Duchy has not made a good name for itself when it comes to juvenile detention in recent years.
Since 2019, a total of 27 minors have been housed in the adult Schrassig prison, and cases of drugs, sex and lack of oversight were reported by a former staff member at the Dreiborn youth detention facility.
