Decarceration in Southern Europe: Notes on Climate Change in the Penal Field

Abstract

Against the backdrop of the economic and political crises affecting Europe in the late 2000s and early 2010s, incarceration rates began to shrink in many European countries, ushering in a decarceration period that continues to this day—albeit with cross-border divergences. In fact, Europe was the world region with the greatest decline in incarceration rates in the 2010s. Evidently, this unexpected shift stands in stark contrast to the penal populism policies characterising penality in global north regions in the 1990s and 2000s, as well as to the mass incarceration path still followed by many global south jurisdictions in the 2020s. Spain is a suitable national case to examine this recent turn, since Spanish incarceration rates increased almost eightfold in just three decades, before an intriguing and steady decline began that is almost unparalleled in western Europe. This paper focuses on the Spanish case, exploring the background and proximate causes that have enabled the current decarceration scenario. In addition, it scrutinises if and to what extent the changes witnessed in the Spanish case reverberate across wider European regions. In so doing, the paper attempts to grasp the climate change impacting the penal field in many global north jurisdictions.