Italy, Denmark and other 7 EU countries challenge the ECHR: “It prevents expulsion of criminal foreign nationals”

Brussels – One battle unites North and South of the European Union- an ultra- conservative government and a social democratic one. Italy and Denmark, and their leaders Giorgia Meloni and Mette Frederiksen, lead a group of EU countries that want to end irregular immigration at all costs. From Rome, the two leaders have set a new goal: to reinterpret the European Convention on Human Rights, whose tight constraints prevent them from expelling foreign nationals with criminal records.

No matters if it has been one of the cornerstones protecting fundamental freedoms in Europe for over 70 years. “The world has changed radically since many of our ideas were conceived”, Meloni and Frederiksen wrote in a letter signed by the governments of Austria, Belgium, Poland, the Czech Republic, Lithuania, Latvia, and Estonia. Little does it matter if data show that irregular arrivals at the EU borders have dropped by 25 percent in the first months of 2025. “There is much more to be done before Europe regains control of irregular migration”, the nine member states claim.

While “many have come here via legal pathways. They have learned our languages, believe in democracy, contribute to our societies, and have decided to integrate themselves into our culture”, a “minority of immigrants risks undermining the very foundation of our societies”. They are those who “have chosen not to integrate”
and “to commit crimes“. An “incomprehensible” choice in light of the “vast opportunities” Europe offers.

The nine heads of state and government point the finger at the European Court of Human Rights, whose interpretation of the international human rights treaty has “in some cases limited our ability to make political decisions.”. Cases concerning “the expulsion of criminal foreign nationals where the interpretation of the Convention has led to the protection of the wrong people”. Meloni, Frederiksen and the others would like
to have “more room nationally to decide on when to expel criminal foreign nationals”, for example, “in cases concerning serious violent crime or drug-related crime”.

It was an explicit declaration of intent, more than a letter. Reportedly, Brussels was aware that something was brewing. After all, Meloni and Frederiksen fully agree with Ursula von der Leyen on the need for a further clampdown on those who try to reach Europe and those who remain without rights. Together with the President of the European Commission, they are leading an informal group that meets at European summits to explore the so called “innovative solutions” for migration. On March 11, the EU executive put on the table a proposal for
a new return regulation, which hardens penalties for non-cooperators and allows member states to transfer migrants to be returned to detention centres in third countries — the so-called return hubs.

The leaders admit in the letter that it is a “sensitive” discussion, aware that “although our aim is to safeguard our democracies, we will likely be accused of the opposite”. Precisely of “crimmigration” – i.e., the “merger of migration and crime to repress people seeking safety and livelihood in Europe” argues Picum (Platform for International Cooperation on Undocumented Migrants). According to the NGO, “if leaders really cared about people safety and the protection of victims, they would have to stop dismantling welfare systems and start investing in assistance instead of using migrants as scapegoats for political gain”.

A challenge to the European Court of Human Rights and the Council of Europe Convention has been launched. “We want to use our democratic mandate to initiate a new open debate on the interpretation of the European Convention on Human Rights“, the letter concludes. There are 46 contracting parties to the Convention, all countries of the Council of Europe. The nine led by Meloni and Frederiksen are just a few. However, one can bet that someone else – perhaps already at the upcoming June 26-27 European summit – is ready to board.

English version by the Translation Service of Withub