A European ruling shakes Denmark's "parallel societies" law, opening the door to its repeal and compensation for those affected.

The European Court of Justice concluded that the «parallel societies» or Danish ghetto law could lead to discrimination, but the final assessment of its legality will remain within the jurisdiction of the Danish judicial system, in a phase expected to have broad political and legal repercussions within the country, according to a breaking news report and a live blog post under update on TV2.

According to TV2, the European Court of Justice has ruled that Denmark's "parallel societies" law could lead to discrimination, a significant legal development that puts Danish legislation to a new test within the European judicial system. Read more after the announcement.

A legal preamble that opens the door to debate

The European Court of Justice explained that the Danish law relating to so-called «parallel societies» may carry risks of discrimination, noting at the same time that the final word remains with the Danish judiciary, which will decide whether this law is compatible with Denmark’s obligations under EU law.

Background of the case before the European courts

The case concerns Danish public housing law, which aims to reduce the proportion of public family housing in certain areas. These areas are defined, among other criteria, by whether the proportion of immigrants and children of immigrants from non-Western countries has exceeded the 50% threshold over the past five years.

Under this law, the leases of a number of residents in cities such as Slagelse and Copenhagen were terminated, or they faced eviction. The case before the European Court of Justice focused on whether this legislation constituted direct or indirect discrimination based on ethnic origin, which is prohibited under EU law.

The court sets standards but does not decide the outcome.

The TV2 website explained that the European Court of Justice did not provide a final answer regarding the legality of the Danish legislation, but it set out a set of standards that Danish courts must adopt when deciding the case.

The ruling affirmed that direct and indirect discrimination based on ethnic origin is prohibited unless there are objective and legitimate justifications, and that interventions must be proportionate and respect fundamental rights.

Joyful atmosphere in Gelerop

TV2 Østjylland reported that cheers of joy erupted at the assembly center in the Gellerup district the moment the judge read the court's decision, indicating the high expectations that the area's residents had for this ruling, given that Gellerup is one of the areas that may be directly affected by the results of this legal process.

A legal expert confirms that the ruling was not surprising.

Frederik Waage, a professor of administrative law at the University of Southern Denmark (Syddansk Universitet), told TV2 that the ruling was not surprising, as it aligned with the previous opinion of the Advocate General of the European Union. He told TV2 that, in his interpretation, the findings of this assessment meant that the government's "ghetto" plan, including forcing residents to leave their homes or demolishing entire housing blocks, could no longer be pursued.

He added that this suggests the 2010 "ghetto" law may not be viable in the future. He further explained that another crucial aspect is the possibility that those who were forced to relocate may be able to claim compensation for the damages they suffered.

Head of housing association welcomes the ruling

TV2 quoted Muhammed Aslam, head of the residents' council in Mjølnerparken, as expressing his satisfaction with the ruling. In a press release, he stated that the residents want their homes and neighbors back, while also expressing their hope for compensation for what they have endured over the past years.

Official figures reveal the scale of demolition and construction

The Ministry of Social Affairs and Housing (Social- og Boligministeriet) informed TV2 that between 2019 and 2025, a total of 1,256 dwellings were demolished in 17 residential areas subject to development plans. Additional demolitions took place in Gellerupparken/Toveshøj and Motalavej streets before the legislation came into effect.

In contrast, 7,796 new homes are being built in these areas, which means a net increase of 3,767 homes is expected in the 17 areas where development plans have been approved, according to the source.