Abstract: Intuitively setting European Union (EU)-wide common standards on pretrial detention appears advisable: It strengthens fair trial standards for persons accused of criminal offences and aids cooperation among the judiciary of Member States. However, at second glance, the European Parliament and Council’s competence to act appears somewhat shaky. This article examines whether the EU has competence to legislate on pretrial detention under Article 82(2) of the Treaty for the Functioning of the EU.