A legal advisor to the European Union’s highest court has condemned Denmark’s policy of dispersing residents from neighborhoods with large ethnic minority populations, calling it discriminatory.
The legislation, enacted in 2018, was ostensibly designed to promote integration. Yet, it targets communities where migrants have already demonstrated relative success in language proficiency and employment.
Instead of fostering inclusion, the policy has led to the demolition of housing units in Copenhagen and other cities, sparking outrage from human rights groups, affected residents, and even the United Nations.
At the heart of the European Court of Justice (ECJ) case is Denmark’s use of the term “ethnic origin” to classify neighborhoods—a practice that raises serious concerns about racial discrimination.
ECJ adviser Tamara Capeta recently stated: “A scheme that categorizes neighborhoods using concepts such as ‘immigrants and their descendants from non-Western countries’ to determine reductions in public housing must be interpreted as direct discrimination.”
Denmark designates a neighborhood as a “transformation area” formerly known as a “hard ghetto” if more than 50% of its residents are non-Western immigrants or their descendants, and if at least two additional criteria—such as education levels, income, crime rates, or workforce participation—are met.
The law mandates that public housing associations reduce public housing in these areas to 40% by January 2030, effectively forcing demographic shifts.
Denmark’s Minister of Social Affairs and Housing, Sophie Hæstorp Andersen, dismissed the advocate general’s opinion as non-binding, downplaying the gravity of the issue. However, the ECJ’s statement could affect the final ruling on the matter.
Following the ECJ's ruling, the case will return to a Danish court for further proceedings.
The “parallel societies” law, formerly known as the ghetto law, came into force in July 2018, but Denmark has had regulations targeting so-called “ghetto areas” since 2010.