An Introduction to Danish Immigration Law

Abstract

This chapter provides an overview of Danish immigration law to an international audience and aims to introduce readers to the core tenets of this exceptionally dynamic and politically charged legislative issue area. The chapter begins by examining the historical arch of Danish immigration legislation, before diving into a more in-depth analysis of three substantive domains: asylum, family reunification and expulsion/return. Throughout, we raise considerations and concerns from a rule of law perspective, and, in particular, examine the relationship between Danish law and international law. We then broaden the analysis and examine the approach Denmark has taken to brokering tensions between national sovereignty and international cooperation. To this end, we highlight 1) the remarkable shift in regulatory outlook and position-taking by Denmark, 2) the constraints and opportunities inherent in the Danish EU opt-out vis-a-vis EU’s migration policies, and 3) the significant increase in individual petitions regarding Denmark immigration law examined by different human rights institutions. The shifting compromises struck in each of these areas means that Denmark today occupies a relatively unique position within Europe in regard to immigration law.