Nine EU states are targeting the Strasbourg-based European Court of Human Rights in a wider bid to deport unwanted migrants.
A letter spearheaded by Denmark, which is set to take over the rotating EU presidency from July, is demanding more leeway on deporting people who have committed crimes.
Published on Thursday (22 May), the letter was signed by leaders of Austria, Belgium, Czech Republic, Denmark, Estonia, Latvia, Lithuania, Italy, and Poland.
It faults the court for placing rights restrictions on deportations of "criminal foreign nationals".
They are also unhappy on how the court interprets the European Convention on Human Rights, drafted in 1950 by the human-rights watchdogs at the Council of Europe.
A spokesperson from the Council of Europe said they are discussing the letter but have yet to formulate an official response.
But critics say the latest move by Europe's leaders seeks to undermine human rights and rule of law.
Human Rights Watch says the letter is a sign of the willingness by some governments to throw human rights and the rule of law overboard.
"The European Court of Human Rights is there to protect us all, is deeply respectful of the role of national governments and courts, and careful not to overstep," said HRW's Judith Sunderland, in an email.
She described the letter as an unjustified and dangerous attack to the citizens of Europe, migrants and to Europe's global standing.
Similar comments were made by Brussels-based Picum, an umbrella organisation fighting for the rights of undocumented migrants.
"This is a textbook case of 'crimmigration' — the conflation of migration and crime to crack down on people seeking safety and livelihood in Europe," said Picum's Silvia Carta.
"If leaders genuinely care about people's safety and protecting victims, they should stop dismantling welfare systems and start investing in care, instead of scapegoating migrants for political gain," she added, in an emailed statement.
The letter also sets a tone for Denmark's upcoming EU presidency, whose prime minister Mette Frederiksen has pursued a 'zero refugee' policy since coming into power in 2019.
Denmark received a record low of asylum applications last year, in total some 864 people. It had also passed a law in 2021 allowing the state to deport asylum seekers abroad, in order for the applications to be processed in a foreign country.
Such proposals have in the past been condemned by the European Commission, which said the transfer of asylum-seekers to foreign states is contrary to the spirit of the Geneva Convention.
The mood tune has since shifted with the European Commission now proposing to make it easier for member states to reject asylum seeker applications and instead have their claims for protection heard in foreign countries, even if they have never been there.
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Nikolaj joined EUobserver in 2012 and covers home affairs. He is originally from Denmark, but spent much of his life in France and in Belgium. He was awarded the King Baudouin Foundation grant for investigative journalism in 2010.
Nikolaj joined EUobserver in 2012 and covers home affairs. He is originally from Denmark, but spent much of his life in France and in Belgium. He was awarded the King Baudouin Foundation grant for investigative journalism in 2010.