In a significant legal development, the European Court of Justice (ECJ) has ruled that Denmark's contentious 'ghetto law' may be unlawful under EU equality directives. The preliminary judgment offers a major boost to residents of a Copenhagen neighbourhood who have been fighting the legislation, which targets areas with high populations of 'non-western' background.
A Legal Challenge to 'Parallel Societies' Policy
The law, formally enacted in 2018, designates certain neighbourhoods as 'parallel societies' or 'transformation areas'. It permits the state to demolish apartment blocks and reduce social housing by 40% in areas where at least half the residents are of 'non-western' origin and where unfavourable socioeconomic conditions exist. Authorities are mandated to achieve this reduction through sales, demolitions, or lease terminations by the year 2030.
The ECJ's ruling, delivered on Thursday, states the legislation may lead to an increased risk of early lease termination and eviction for residents in these designated areas compared to those in neighbourhoods with similar economic conditions but lower immigration levels. The court stated it is for Danish judges to examine whether the law results in 'a difference in treatment based on the ethnic origin' of inhabitants.
Residents' Fight for Justice in Mjølnerparken
The case reached the EU's top court after residents of the Mjølnerparken social housing estate in central Copenhagen filed a suit in Denmark in 2020. They argued that using ethnicity as a criterion for housing policy was fundamentally discriminatory. Due to the law's enforcement, over 1,000 people have already been forced to move, leading to soaring rental costs in the area.
Muhammad Aslam, chair of the Mjølnerparken residents association, expressed his relief at the ECJ's decision. He described the 'parallel society' law as 'inhumane', stating it evicted families who had done nothing wrong. Aslam, who moved to Denmark as a child and raised four successful children in Mjølnerparken, criticised the political rhetoric that has targeted minority communities for over a decade.
'We try to say to ourselves we are part of Denmark and part of Danish society,' Aslam said. 'But when politicians are talking about us and have these kinds of competitions and trying to move us from society all the time, it affects you and your heart and your mind.'
Implications and the Path Forward
While the ECJ's ruling is less emphatic than a prior opinion from an advocate general—who stated the law caused 'direct discrimination on the basis of the ethnic criterion'—it provides a powerful legal foundation for the ongoing domestic case. The Danish Institute for Human Rights noted the judgment offers several grounds for the law to constitute ethnic discrimination, though it does not definitively conclude the matter.
Susheela Math, head of legal at Systemic Justice, called the ruling 'a day of reckoning for the Danish state', emphasising that 'discrimination is not integration'. She highlighted that the law represents one stage in a long history of political rhetoric and practices targeting minorities.
The case will now return to Denmark's eastern high court for a final decision, expected next year. The Danish Ministry of Social Affairs and Housing stated it would carefully review the European court's verdict. For the residents of Mjølnerparken and other designated areas, the ECJ's preliminary ruling marks a crucial step towards potentially overturning a policy they say has shattered their communities.
