Denmark illegally refused family reunification of Turkish nationals: EU court

The Court of Justice of the European Union (CJEU) ruled on Wednesday that Denmark acted illegally in refusing to allow Turkish citizens to reside in the country under family reunification rules.

Denmark illegally refused family reunification of Turkish nationals: EU court
An EU court ruling could force Denmark to reconsider thousands of family reunification cases. Photo: Mads Claus Rasmussen / Ritzau Scanpix

The ruling could result in the re-opening of thousands of residency applications, newspaper Politiken reports.

In cases dating back to 2003, Denmark has rejected applications for residency on the basis of family reunification for Turkish citizens due to a now-defunct rule known as the ‘association’ or 'attachment' clause (tilknytningskravet) which formed part of Danish immigration law until last year.

The clause enabled family reunification to be rejected on the grounds that the couple has a closer connection to the source country of the applicant than to Denmark.

Family reunification itself can be applied for by persons who are partners or immediate family members of individuals already resident in Denmark.

But the use of an ‘association clause’ in this way is illegal, according to Wednesday’s ruling by the CJEU.

Since the 1960s, Turkey has had an agreement in place with the EU which provides for it to be treated as if it was a member state in relation to certain areas. It is this agreement that is infringed by the Danish family reunification decisions, Politiken writes.

The CJEU ruling could also impact cases involving nationals of countries other than Turkey, according to a previous assessment by the Danish Ministry of Immigration and Integration. Thousands of settled cases involving family reunification may have to be reopened as a result of Wednesday’s outcome at the CJEU.

In 2014-15, over 14,000 people were refused family reunification with their spouses, the newspaper reports. The association requirement was scrapped last summer as rules were revamped.

Minister for Immigration and Integration Mattias Tesfaye has previously – and prior to taking over the ministry following June’s general election – called the outcome a “potential roadside bomb in Danish immigration politics”, but also said in a 2016 interview with Politiken that his Social Democrat party would “obey rulings that are given” by the EU court.

Thomas Ryhl, the lawyer who brought the case against Denmark on behalf of a Turkish national who works in Denmark and wants his wife to be permitted to join him in the country, called the ruling “superb” in comments to Politiken.

“We expect this ruling to mean that many married couples will be able to get their cases re-opened, and be granted family reunification permits so that after 2, 5, 10 or 15 years’ waiting, they can be allowed to live together – in Denmark, if that’s what they still want,” Ryhl said.

READ ALSO: European court rules against Denmark in human rights case

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.


Denmark suspends asylum centre talks with Rwanda

Denmark now aims to work with other EU countries to transfer asylum seekers to centres outside Europe and has suspended talks with Rwanda as it no longer plans to go it alone, its migration minister said on Wednesday.

Denmark suspends asylum centre talks with Rwanda

The Scandinavian country’s plans, first announced by the previous Social Democratic government, called for people seeking asylum in Denmark to be transferred to reception centres outside the European Union while their requests were processed.

A law adopted in June 2021 did not specify which country would host the centre, but said asylum seekers should stay there even after they were granted refugee status.

Discussions were launched with Rwanda and other countries, but they have now been suspended since the installation of a new Danish left-right government in December headed by the Social Democrats.

“We are not holding any negotiations at the moment about the establishment of a Danish reception centre in Rwanda”, Migration and Integration Minister Kaare Dybvad told daily Altinget.

“This is a new government. We still have the same ambition, but we have a different process”, he added. “The new government’s programme calls for the establishment of a reception centre outside Europe “in cooperation with the EU or a number of other countries”.

The change is an about-face for the Social Democrats, which had until now rejected any European collaboration, judging it slow and thorny.

“While the wider approach also makes sense to us, [Denmark’s change of heart] is precisely because there has been movement on the issue among many European countries”, Dybvad said. “There are many now pushing for a stricter asylum policy in Europe”, he said.


Inger Støjberg, leader of the Denmark Democrats said on Facebook that she was “honestly disgusted” by the government’s decision to delay plans for a reception centre in Rwanda, pointing out that Kaare Dybvad had said during the election campaign that a deal would be done with Rwanda within a year. 

“Call us old-fashioned, but we say the same thing both before and after an election. We stand firm on a strict immigration policy. The Social Democrats, Liberals and Moderates clearly do not,” she said. 

Lars Boje Mathiesen from the New Right Party accused the government of perpetrating a “deadly fraud” on the Danish people. 

“It is said in Christiansborg that it is paused. But we all know what that means,” he wrote on Facebook, accusing Danish prime minister Mette Frederiksen of “empty words” in the run-up to the election. 

In the face of this reaction, Dybvad told the Ritzau newswire that although talks with Rwanda were not happening at present, the government had not given up on a deal with the African nation. He also said that he was confident that asylum reception centres outside of the EU would be a reality within five years.

EU interior ministers are meeting in Stockholm this week to discuss asylum reform. Those talks are expected to focus on how to speed up the process of returning undocumented migrants to their country of origin in cases where their asylum bid fails.

Denmark’s immigration policy has been influenced by the far-right for more than 20 years. Even Prime Minister Mette Frederiksen, the head of the Social Democrats, has pursued a “zero refugee” policy since coming to power in 2019.

Copenhagen has over the years implemented a slew of initiatives to discourage migrants and made Danish citizenship harder to obtain. In 2020, it became the only country in Europe to withdraw residency permits from Syrians from Damascus, judging that the situation there was now safe enough for them to return.