Rome Times

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Wednesday, May 14, 2025

Denmark and Italy Seek Support to Critique European Human Rights Court

Denmark and Italy Seek Support to Critique European Human Rights Court

The two nations are drafting a letter aimed at reshaping interpretations of the European Convention on Human Rights, particularly regarding migration issues.
Denmark and Italy are soliciting support from other countries for a letter that criticizes the European Court of Human Rights (ECHR) for its interpretations of the European Convention on Human Rights (ECHR), asserting that these interpretations have extended beyond the original intent of the law, especially concerning migration.

The ECHR, based in Strasbourg, oversees the enforcement of the Convention among the 46 member states of the Council of Europe, influencing a range of legal matters from asylum procedures to fundamental privacy rights.

Copenhagen and Rome's draft letter expresses concerns that some recent ECHR rulings have hampered their national governments' capabilities to make political decisions, citing a need for discussions around the contemporary challenges of irregular migration.

The draft posits that legal precedents considered right in the past may not remain relevant in the future, signaling a shift in the legal landscape.

Sources from Italy confirm the existence of the letter but indicate that the final decision to co-sign it is still under consideration.

The letter is not yet public and remains open for additional signatories, with an official release anticipated in the upcoming weeks.

This initiative aligns with an increasing dialogue among EU member states regarding the need to revisit or reinterpret international legal frameworks in light of migration dynamics.

Denmark and Italy have been promoting a group of EU countries focused on migration, which may include nations like Czechia, Finland, Poland, and the Netherlands as potential supporters.

While all 27 EU member states are signatories to the European Convention on Human Rights, the EU itself has not yet acceded to the Convention, despite a legal obligation established by the Lisbon Treaty in 2007. This accession would render EU institutions subject to the jurisdiction of the ECHR, a matter that is still under negotiation.

The public discourse surrounding the letter comes in the context of ongoing tensions over migration policy and legal standards across Europe, reflecting a broader sentiment among certain member states advocating for a more flexible interpretation of human rights laws in response to evolving socio-political circumstances.
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