A majority of European Council member states support Denmark and Italy’s initiative to make it easier to deport foreign nationals convicted of serious crimes, signaling a potential shift in Europe’s human rights interpretation.
Broad Support in Strasbourg for Danish Proposal
A majority of the 46 Council of Europe member states—27 to be exact—have endorsed a joint Danish-Italian declaration that aims to adjust the current practice concerning the deportation of convicted foreign nationals. The agreement, signed this week in Strasbourg, marks the first official step toward a broader declaration expected to be adopted in May 2026 in Chisinau, Moldova.
At that upcoming meeting, the Council will focus on how to handle cases involving “foreigners convicted of serious crimes.” Denmark hopes that this momentum will eventually lead the European Court of Human Rights to revise its interpretation of the European Convention so countries can better enforce deportation rulings for individuals posing threats to public safety.
Concerns About Judicial Independence
Not everyone in Strasbourg backs Denmark’s approach. Council of Europe Secretary General Alain Berset, who chaired the meeting, expressed concern about maintaining the court’s independence. Because of these concerns, he did not invite the president of the European Court of Human Rights to participate in the ministerial session.
Even so, Berset acknowledged the shared challenges faced by many European countries, especially when it comes to balancing national security and obligations under human rights laws. In the council’s written statement following the meeting, ministers emphasized that the 2026 declaration should recognize governments’ duty to protect vital national interests, including safety and public order.
Berset’s balancing act is a difficult one. On one side are countries like Denmark pushing for change, arguing that overly strict interpretations of the convention prevent them from deporting dangerous offenders. On the other side stand those who warn against political interference in judicial matters, fearing that the court could be turned into a political tool.
Changing the Legal Balance on Deportations
For years, the European Court of Human Rights has prevented Denmark and other nations from enforcing certain deportations under two key articles of the European Convention. Article 3 prohibits torture and inhumane treatment, while Article 8 protects the right to private and family life. In several instances, these provisions have prevented the removal of foreign nationals convicted of serious crimes, as returning them could expose them to poor treatment or separate them from family members.
Denmark and its supporters believe the system has become too restrictive. They want to allow greater national discretion when someone’s actions endanger society. The joint statement therefore suggests shifting the legal balance so that public safety and collective security carry greater weight than individual rights for those convicted of severe offenses.
Denmark’s Broader Goals
This push aligns with the Danish government’s long-term political agenda on immigration. Copenhagen has often argued that European courts and conventions should give member states more flexibility in deciding who can stay within their borders.
While the plan targets immigration cases involving criminal offenders, its implications may reach far wider. A change in interpretation could influence how European states handle deportation in general, potentially giving governments more authority to remove individuals whose presence they consider a risk to public safety.
For Denmark, the issue is about more than legal reform. It touches on public trust, national integrity, and the country’s wider discussions about the rule of law. The proposal also mirrors growing public frustration across Europe over violent crime committed by non-citizens and perceived limitations on domestic decision-making due to supranational courts.
Next Steps and Outlook
In the coming months, the Council of Europe will outline how to frame and manage the process leading to the 2026 declaration. Countries will negotiate the balance between protecting human rights and ensuring national sovereignty in immigration control.
If eventually adopted, the new declaration could influence not just deportation policy but the very way European nations interpret the human rights convention. Whether this shift will weaken or strengthen the European Court’s credibility remains to be seen.
Sources and References
The Danish Dream: How to Immigrate to Denmark
The Danish Dream: Immigration and Labour Law in Denmark for Foreigners
DR: Dansk ønske om at udvise flere udlændinge får bred støtte i Strasbourg
