A forthcoming judgment by the EUROPEAN Court of justice on the Turkish nationals the right to family reunification in Denmark can have far greater consequences than first thought.
the Verdict may mean that thousands of the refusal of the reunification of spouses from countries such as Morocco and Pakistan dating back to 2004 should be resumed.
It writes Politiken on the basis of a response to the Parliament from the immigration and integration minister, Inger Støjberg (V).
For spring, the EU Court will decide whether Denmark has illegally denied the turks family reunification with regard to the so-called tilknytningskrav. If the decision goes against Denmark, the EU ruling could potentially also open a flurry of cases on family reunification of other nationalities, writes Politiken.
so Far, it has been promoting, that Denmark may be forced to resume the several thousand cases on family reunification of Turkish citizens, if the Court overrules tilknytningskravet.
But a final judgment will thus, according to the Udlændingeministeriets answer to the Danish Parliament could, 'be of importance for the familiesammenføringsafgørelser ... with other than Turkish nationals'.
Thus, the judgment could mean that all other third-country nationals who have been rejected with reference to the tilknytningskravet, must have resumed their cases, writes Politiken.
From 2004 to 2015 is given over 14,000 refusal of reunification of spouses, and according to attorney Thomas Ryhl from the Njord Law Firm, which leads the current case against the state, many of them end with to be taken up again.
- It will actually lead to that people from Morocco, Pakistan, Serbia, Canada, USA, etc. will be able to resume their case on family reunification, he says to Politiken.
Turkey is not a member of the EU, but an agreement from the 1960s implies that the Turkey on a number of areas must be treated in the same way as other EU countries.
Thomas Ryhl has on behalf of his clients have brought proceedings in the Danish courts. But the judges in The high Court has declared to agree on the legality of the Danish tilknytningskrav in connection with the case of the Turkish ægtefællesammenføringer - and therefore in January the EUROPEAN court of justice to take a position.
the Verdict is expected in may next year - and can therefore brage straight down in this spring's EUROPEAN parliamentary Elections.
The future of the EU judgment can be so unique against Denmark, that the Justice department subsequently determines that Denmark will lose other lawsuits brought by persons with other nationalities.
It requires, however, according to the answer to the Danish Parliament, the EUROPEAN Court of justice 'indicates that the former tilknytningskrav generally may be considered to be in breach of The European convention on human rights article 8-right to respect for private and family life'.
Earlier, The European Court of human rights, however, in connection with a case against Denmark estimated that tilknytningskravet was in accordance with human rights. Therefore, waiting Udlændingeministeriet now excited at the judgment,p y it can be interpreted.
the Danish people's party Martin Henriksen call, according to Politiken, the case for a 'potential bomb under the Danish immigration policy'. He would have scrapped the special association agreement with Turkey - and will reserve the right to think that Denmark should follow the EU ruling, the garden it goes to the state.
Inger Støjberg has refused to comment on the case opposite the Politiken - and her special adviser announces that she will not make an exception with Extra Magazine.