Denmark, Italy seek bloc support to limit EU rights court's mandate on migration issues

COPENHAGEN

Denmark and Italy are urging other European countries to back a letter criticizing the European Court of Human Rights for going "too far" in interpreting the law, particularly on migration issues, said a news report by Euractiv on Monday.

In a draft letter seen by Euractiv, the two countries argue that recent Strasbourg-based court decisions have expanded the interpretation of the European Convention on Human Rights beyond its original intent.

They warn that this expansion limits national governments’ ability to make sovereign decisions on politically sensitive matters such as irregular migration.

“The Convention should reflect the challenges of today,” the letter says, adding that what was considered right in the past may no longer be applicable in current contexts.

While Danish officials are actively disseminating the letter, Italian sources confirmed to Euractiv that Rome is involved but that the government is still deciding whether to co-sign the final version.

The letter is still open to additional signatories and is expected to be released in the coming weeks.

The initiative comes amid broader EU debates over sovereignty, migration, and the role of international courts. Countries such as Czechia, Finland, Poland, and the Netherlands—members of a migration-focused EU bloc—are considered potential backers.

All 27 EU member states are signatories to the European Convention on Human Rights, but the EU itself has yet to accede to the treaty, despite a legal obligation under the Lisbon Treaty. Accession would mean that EU institutions could be held accountable before the European Court of Human Rights, a move still under negotiation.