The ruling party in Denmark, the Social Democrats (Socialdemokratiet), has made its stance clear regarding immigration policy and rulings from the European Court of Human Rights (ECHR) based in Strasbourg. Rasmus Stoklund, a member of the Danish Parliament for the Social Democrats, argues in his new book that Denmark should be able to disregard ECHR rulings that overturn Danish decisions related to the deportation of criminal foreign nationals who risk torture in their home countries.

Stoklund believes that the Court’s interference in Danish immigration policy has led the Danish Parliament (Folketinget) into a stalemate, making it difficult to implement the desired tightening of immigration laws. He refers to observations made by Danish legal experts, who have noted that ECHR judges have adopted a more activist approach in their decisions. However, according to Stoklund, any potential negative consequences from ignoring the Court’s rulings are overstated. “The reality is that the sky will not fall down on us if we do not follow all rulings,” he told the Danish newspaper Jyllands-Posten.

The book also notes that there have been initiatives such as the Brighton and Copenhagen Declarations, which aimed to limit the Court’s reach, but these have had only limited impact. Stoklund goes as far as to suggest that individuals on tolerated stay should be interned until they agree to return to their home countries, even if this involves a risk of torture. He emphasizes the importance of criminal foreign nationals considering the consequences of their actions: “They need to think twice, because if they do not plan to accept their deportation from the country due to their abuse of our hospitality, they will end up in prison until the deportation can be executed,” he stated in an interview with Politiken, another Danish newspaper.

The Minister for Immigration and Integration, Kaare Dybvad (Social Democrats), has not yet finished reading the book but expresses some understanding of Stoklund’s viewpoint. Dybvad believes that current interpretations of international conventions often restrict Danish policy. While he does not wish to withdraw Denmark entirely from these conventions, he sees it as necessary to take a stand on how rulings are interpreted.

Although there is a risk of infringement procedures against countries that do not implement ECHR rulings, the Danish Foreign Ministry states that this has only occurred twice since 2010, against Azerbaijan and Turkey. This indicates that, while the risk exists, it is not frequently enforced.

The debate over whether Denmark should follow ECHR rulings continues to be a central topic in the political discourse surrounding the country’s immigration policy.