Politics

Denmark leads controversial call to revise international conventions on migration and deportation

Nine European heads of government, including Denmark’s Prime Minister Mette Frederiksen and Italy’s Giorgia Meloni, have signed a controversial open letter calling for a reinterpretation of international conventions to facilitate the deportation of more foreign nationals convicted of crimes.

Denmark and Italy push for tougher deportation rules

The letter, jointly issued after a summit in Rome, was co-signed by the leaders of Austria, Belgium, the Czech Republic, Estonia, Latvia, Lithuania and Poland. It argues that current interpretations of international conventions, especially by the European Court of Human Rights (ECHR), make it excessively difficult to expel foreign nationals who have committed serious crimes. According to Frederiksen, “the conventions are sometimes used to protect criminals instead of victims.”

Image: Mette Frederiksen and Giorgia Meloni // Matteo Minnella, Ritzau Scanpix

Misleading claims and legal inaccuracies

The letter has drawn sharp criticism for conflating the roles of the United Nations, NATO and the European Union. It also incorrectly attributes responsibilities for immigration policy to the EU, which actually only oversees asylum procedures and international protection, while broader immigration policy remains under the jurisdiction of individual member states.

Moreover, the notion that individuals “choose” to commit crimes, as implied by the signatories, has been widely contested. Critics argue that social and structural factors, including failing integration systems, limited access to legal employment, and discrimination, are key drivers of criminal behaviour among immigrants. Data also indicate that most crimes in European societies are committed by native-born citizens, not immigrants.

Legal precedent and the challenge to the ECHR

The backdrop to the initiative includes a 2023 ruling by the European Court of Human Rights, which found that Denmark‘s expulsion of a 27-year-old Iraqi national violated his right to private and family life under the European Convention. The man had grown up in Denmark and had no family in Iraq. The ruling sparked frustration among Danish officials and prompted renewed calls to revise the conventions.

Despite emphasizing the need to uphold international legal frameworks, Frederiksen maintains that the rules must be adapted to “a new reality”. She argues that today’s migration challenges are fundamentally different from those envisioned when the conventions were drafted.

Political alliances and growing momentum

The alliance between Frederiksen and Meloni has raised eyebrows, especially among social democratic leaders across Europe who are reluctant to cooperate with Meloni’s right-wing party Fratelli d’Italia, which has roots in Italy’s post-fascist political tradition. Nonetheless, Frederiksen described Meloni as “effective” and a person who “gets things done.”

Their cooperation has expanded, with Germany’s new conservative chancellor Friedrich Merz recently expressing support for stricter migration policies, including border controls and pushbacks of asylum seekers. This shift adds momentum to the push for “innovative solutions” on migration, including reinterpreting international legal standards.

Image: Mette Frederiksen and Giorgia Meloni // Riccardo Antimiani, Ritzau Scanpix

A discriminatory approach?

Human rights advocates and legal scholars warn that the initiative risks eroding core principles of international law, and promotes a discriminatory narrative that scapegoats immigrants. The letter’s rhetoric, critics say, fuels a misleading perception that migration is synonymous with criminality, despite ample evidence to the contrary.

Rather than reforming the conventions, some argue that European leaders should strengthen integration policies and address systemic inequalities that marginalize newcomers. They also stress the importance of maintaining a rules-based international order, especially in a time when democratic norms are under pressure globally.

As debates intensify, the letter signals a deeper ideological divide within Europe on how to balance security concerns with human rights obligations.

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