What Happened?

On December 21, 2023, the Court of Justice of the European ⁤Union (CJEU) ruled that Denmark’s “ghetto law,” officially known as the law on parallel societies, violates the EU’s ⁤directive on equal treatment by discriminating based on ethnic origin. The case was ⁤brought by residents⁣ evicted from social housing in Mjølnerparken (Copenhagen) and Schackenborgvænge (Ringsted) based on criteria established by the law. Amnesty ⁢International welcomed the decision.

The “Ghetto⁤ Law” and Its Criteria

The Danish law,enacted in ⁢2018,aimed to combat the creation of “parallel societies” and reduce the concentration of residents with immigrant backgrounds in certain housing estates. ⁣ It established ⁢criteria for identifying “ghettoes” based on factors like unemployment rates, education levels, ⁤income, and‍ the percentage of residents from non-western countries. ⁢ Areas meeting these criteria were subject to redevelopment plans, including the⁢ sale of public⁤ housing and restrictions on new tenancies.

Specifically, the law targeted areas where at least 40% of residents were from non-Western countries, and where ‍at least two of the⁤ following criteria were met: European Parliament

• Unemployment rate of at⁤ least 20%
• More than 80% of residents ⁢aged 30-59 without a vocational education
• more than 40% of residents ⁤aged 15-64 without being attached to the labor market
• A high concentration of residents on public ⁢assistance
• A high rate of crime

The Court’s Reasoning

The CJEU found that the criteria used to designate “ghettoes” relied heavily on the⁣ national origin of residents,effectively discriminating against individuals based on their ethnic or racial background. The Court stated that the law lacked sufficient justification and did not meet the requirements of⁣ the⁣ EU’s Race Equality⁣ Directive (2000/43/EC).The directive aims‍ to prevent discrimination based on racial or ethnic origin⁤ in employment, education, social protection, and access to ⁤goods and services, including housing.

the court emphasized that while member states have a legitimate interest in combating social exclusion and promoting integration, these objectives must be pursued in a way that ⁢respects fundamental ⁢rights and avoids indirect discrimination. ‍The CJEU determined that⁤ the Danish law’s criteria were not objectively justified and disproportionately affected individuals from minority ethnic groups.

Reactions and Implications

Dina Hashem, Senior Legal Advisor at Amnesty International Denmark, stated that the ruling was a “victory for equality and non-discrimination.” she added, “Today