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Law professor: Danish deportations breach Nordic Convention

The Nordic Council has taken legal advice on the repatriation of Nordic citizens from Denmark. Kirsten Ketscher, Professor of Law at Copenhagen University, judges that Denmark has breached accepted conventions in the EU and the Nordic countries. She believes the explanation is an exaggerated emphasis on Danish legal tradition and legal developments arising from Denmark's overly strict interpretation of the law.

Nov 02, 2010
Ville Niinistö
Photographer
Magnus Fröderberg/norden.org

"The right to move and reside freely in the Nordic countries has a legal basis in the region. By deporting Nordic citizens on the grounds that they receive welfare benefits, Denmark has acted in a legally questionable way and breached exiting conventions", says Kirsten Ketscher, Professor of Law at Copenhagen University.

She states that the repatriation of Nordic citizens is not compatible with either the Nordic Convention or the EU's Directive on residence rights. In Denmark a legal tradition in deportation cases has been invoked, but which now, according to recent year's legal developments and the above-mentioned conventions, can no longer be considered as a valid legal reason for deportation.

She also points out that there is no social tourism in the Nordic countries. People's desire to settle down in the Nordic countries is driven by other motives than welfare benefits. Nordic citizens move to seek jobs, education or to start a family, which was also the case with the Swedish woman who was deported earlier this year.

Hans Wallmark, member of the Citizens' and Consumer Rights Committee, thinks that "it is strange that Danish law differs so markedly from the other Nordic countries. This creates problems since the point of Nordic co-operation is that we try to adapt and get closer to each other to create freedom of movement and to make life as a Nordic citizen easier".

Ville Niinistö, Chair of the Citizens' and Consumer Rights Committee, says that this matter will be raised in the plenary on Wednesday. He adds that the Nordic Council '"will refer the matter and has presented a proposal for approval at the Session that the Nordic governments must continue to work on this issue and discuss the deportation matter with Denmark. In this way we will be able to have a good political discussion about the objective of Nordic co-operation and how we address the issue of a borderless Nordic region."

Contacts

Tina Bostrup
Phone +45 33 96 04 52
Email tib@norden.org

Silje Bergum Kinsten
Phone +45 33 96 02 51
Email siki@norden.org

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