The proposal to explore renting cells in foreign prisons in order to address prison overcrowding has sparked intense debate in political, legal and public safety circles. With more than 82,900 inmates for some 62,000 available places, France is in a critical situation. According to data from the Council of Europe, it is one of the countries with the highest overcrowding rates on the continent, behind only Cyprus and Romania. Faced with this scenario, the executive is studying options that until recently seemed unthinkable.

The idea is not new in Europe. Between 2010 and 2016, Belgium rented 680 prison places in Tilburg, in the Netherlands, in a model in which Dutch staff operated under Belgian law. More recently, in 2021, Denmark signed an agreement with Kosovo to transfer 300 inmates there for ten years, at an estimated cost of approximately €200 per prisoner per day. These precedents demonstrate that the model is viable on paper, but they also highlight its practical limitations.

From a security and prison management perspective, the challenges are considerable. Firstly, there is the legal complexity: which legal framework applies? How are the fundamental rights of inmates guaranteed? The Belgian experience showed that specific staff training and close coordination between administrations are necessary. Secondly, logistical costs may be higher than anticipated, particularly with regard to transport, supervision and contract management.

Another critical factor is the impact on reintegration. Several prison system professionals warn that removing inmates from their family and social environment can hinder rehabilitation and increase the risk of reoffending. Visits are complicated by distance and, in some cases, by administrative requirements. Moreover, training and job placement programmes may lose their effectiveness if they are not coordinated with the labour market in the country of origin.

The debate also has a budgetary dimension. France already spends between €100 and €250 per day per inmate, depending on the type of facility. Outsourcing facilities may seem like a quick solution, but it is not necessarily more economical. In a context of pressure on public finances, any decision must be justified on the basis of cost-efficiency and long-term sustainability criteria.

At the same time, the judicial authorities have proposed building modular units for short sentences, while the President has reiterated his willingness to speed up the creation of 5,000 new places. However, trade unions and experts insist that expanding prison capacity does not solve the root of the problem: the excessive use of prison as a criminal justice response.

They propose promoting alternative sentences, mental health programmes and addiction treatment to reduce prison admissions and repeat offences.

The key question is whether renting cells abroad really enhances public safety or simply displaces the problem. European experience suggests that this is a complex measure, with operational and reputational risks, which can only work within a comprehensive criminal justice reform strategy. Without structural changes in criminal policy and reintegration, there is a risk of turning an emergency solution into an expensive and controversial stopgap.

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