Denmark’s controversial “Ghetto Law” (“Ghettoloven“), which targets disadvantaged residential areas for demolition and redevelopment, discriminates unlawfully based on ethnicity, according to a new opinion from the European Union’s Advocate General.
The legal assessment suggests that the Danish legislation violates EU anti-discrimination directives by using ethnic composition as a decisive criterion for identifying “ghetto areas.” The opinion could significantly impact Denmark’s ability to enforce housing demolitions in neighborhoods classified under the law.
EU criticizes ethnic criteria in Danish housing law
The “Ghetto Law,” enacted by the Danish parliament in 2018, seeks to reduce segregation by identifying and redeveloping disadvantaged residential areas characterized by high unemployment, low education levels, and significant immigrant populations.
The Advocate General of the European Court of Justice (ECJ) highlighted that using ethnicity as a defining criterion is inherently discriminatory and contravenes EU laws, specifically the Racial Equality Directive. According to EU legislation, discrimination based on ethnicity or race is explicitly prohibited.
Potential legal and social implications for Denmark
If the European Court of Justice follows the Advocate General’s assessment, Denmark may be required to amend or abandon key elements of its legislation. This could halt planned demolitions and redevelopment projects that are central to the government’s efforts to combat segregation and integrate immigrant communities.
The Danish Government, however, maintains that the law is necessary to promote integration and socioeconomic improvement in marginalized areas. Yet, human rights groups and local activists argue the approach stigmatizes communities and exacerbates social exclusion.
Background and future developments
The controversial housing law has been under EU scrutiny since its inception, with multiple legal challenges highlighting concerns about ethnic discrimination. The recent opinion from the Advocate General is advisory but usually influential; the ECJ typically follows such recommendations in its final rulings.
A definitive judgment from the ECJ is expected later this year, which could force Denmark to reconsider how it addresses housing policy, urban redevelopment, and integration strategies moving forward.
The case underscores ongoing European tensions regarding immigration, integration, and anti-discrimination laws, setting a significant precedent that may influence similar legislation across the continent.
