Nine European countries, including Denmark and Italy, have voiced concerns over the European Court of Human Rights’ interpretation of the Convention on Human Rights, arguing that the court’s scope has expanded too far and limits national decision-making power. The joint letter signed by the heads of government of these nations signals a growing dissatisfaction with the court’s rulings, particularly regarding the deportation of criminal foreigners.

The signatories, which also include Austria, Belgium, the Czech Republic, Estonia, Lithuania, Latvia, and Poland, believe the court’s interpretation has sometimes protected the wrong people and placed excessive restrictions on states’ ability to deport individuals. They contend that the current interpretation of the convention restricts their ability to make political decisions within their own democratic frameworks.

Prime Minister Mette Frederiksen of Denmark, who has found an ally in Italian Prime Minister Giorgia Meloni on immigration policy, has been actively seeking support for a broader European challenge to the Court of Human Rights. Both leaders have long criticized the difficulties in deporting criminal foreigners, even those who have committed serious offenses, due to the European Court of Human Rights’ involvement.

The letter highlights the risk that a minority of immigrants engaging in criminal acts poses to the very foundation of society. The signatories emphasize the need to re-evaluate whether international conventions align with contemporary challenges and acknowledge that past solutions may no longer be adequate.

The issue is exemplified by the situation in Denmark, where judges are often obligated to deport criminal foreigners who commit violent crimes. However, these individuals can remain in the country after serving their sentences if deportation would violate Denmark’s international obligations. As a result, Denmark hosts foreigners on tolerated stay who cannot be deported due to the risk of death penalty, torture, or inhuman treatment in their home countries. Article 8 of the Convention on Human Rights, concerning the right to family life, frequently prevents Denmark from deporting criminals to certain countries.

Furthermore, a new EU proposal aims to empower member states to send migrants to countries outside Europe without processing their asylum applications, potentially granting Denmark and other nations greater autonomy in managing foreign nationals.