Copenhagen: In a bold and contentious legal move, Denmark’s government on Friday unveiled a comprehensive reform of its immigration and deportation laws, aimed at empowering authorities to remove more foreign nationals including serious criminal offenders even where such actions might conflict with established European human rights protections. The plan, pushed by Prime Minister Mette Frederiksen’s centre-right coalition, highlights Copenhagen’s growing insistence on reshaping national policy independently of interpretations by the European Court of Human Rights (ECHR) and the broader European human rights framework.
Central to the reform proposal is a recalibration of criteria for deporting non-citizens convicted of felony-level offences. Under the new legislation, foreign nationals sentenced to at least one year in prison for serious crimes such as aggravated assault or rape would be subject to deportation. This marks a significant departure from Denmark’s previous system, which has often seen courts block removal orders on human rights grounds, particularly where family life or long-standing residence in Denmark was at stake.
Immigration and Integration Minister Rasmus Stoklund underscored the urgency of the change by pointing to hundreds of foreign criminals who, despite qualifying for deportation under existing laws, remained in the country after sentencing. The government argues that the reform will close loopholes exploited by offenders and restore public confidence in the justice system’s ability to both punish and remove those who pose a threat to public safety.
The legislative package goes beyond stricter deportation criteria. It includes provisions for:
Electronic ankle monitoring for undocumented foreigners who repeatedly ignore reporting obligations and other compliance rules.
The reopening of Denmark’s embassy in Syria, a strategic move to facilitate deportations and consular processes.
Appointment of a national deportation envoy to coordinate cross-border removals and diplomatic efforts.
Enhanced review mechanisms that could see refugee permits revoked more swiftly where conditions warrant.
Together, these actions reflect Copenhagen’s intention to tighten oversight of all foreign nationals who fall afoul of Danish law or immigration norms.
The timing of the reform is deeply tied to shifting political currents within Denmark. Frederiksen’s government faces mounting pressure from nationalist and anti-immigration parties that have gained traction ahead of national elections scheduled by late October. These parties have long called for a more restrictive approach to asylum and immigration, framing the reform as necessary for preserving social order and national sovereignty.
Denmark’s stance resonates with a broader Europe-wide hardening of migration policies, where several countries have expressed frustration with human rights court rulings that limit deportations and asylum restrictions. For instance, Reuters reporting shows that Belgium and other EU states have also pushed for reinterpretations of the European Convention on Human Rights to make deporting foreign criminals easier.
International and domestic legal experts have already warned that Denmark’s proposals could directly clash with existing human rights obligations. The ECHR, based in Strasbourg, has historically ruled against deportations that it found violated key protections such as the right to private and family life under Article 8 of the Convention. Previous cases illustrate how deportation orders have been overturned when courts judged the removal disproportionate relative to an individual’s ties to Denmark.
Critics argue that undermining these protections risks eroding Europe’s post-war human rights architecture and sets a precedent for other nations to sidestep international legal checks. Supporters, however, say that existing interpretations are outdated and fail to reflect contemporary security concerns and domestic democratic priorities.
Denmark’s announcement comes as European governments, including the United Kingdom, pursue more stringent asylum and immigration reforms, reflecting a wider trend toward tightening borders and reducing legal protections that have traditionally made deportation difficult. These shifts in policy represent an evolving debate across the continent over how to balance human rights commitments with domestic political and security imperatives.