An adviser to the European Union's top court stated that Denmark's housing legislation, which involves "ethnic origin" considerations in classifying neighborhoods with significant populations, is discriminatory. This legislation, introduced in 2018 to support integration in a country where migrants have shown relative success in language proficiency and employment, has sparked criticism due to measures such as demolishing social housing units in cities like Copenhagen.
The European Court of Justice is addressing whether Denmark's use of terms like "immigrants and their descendants from non-Western countries" in determining neighborhood composition amounts to racial discrimination. While the adviser's view is not binding, it could impact the final judgment.
Legal challenges have been raised by residents facing eviction due to this policy, like those in Copenhagen's Mjolnerparken. A resident, Muhammad Aslam, shared the emotional impact of eviction, noting the loss of family memories and community ties. As a Pakistani immigrant who arrived in 1975, he highlights how his Danish-born children are also affected by the policy's categorization based on ethnicity.
Denmark labels a neighborhood a "transformation area" if over 50% of residents are non-Western immigrants or their descendants and specific criteria related to education, income, crime rates, and workforce participation are met. The law mandates that public housing units in these neighborhoods be reduced to 40% by January 2030.
The Danish Social Affairs and Housing Minister, Sophie Hastorp Andersen, emphasized the non-binding nature of the adviser's opinion, indicating that a final decision from the judges is awaited. Following the ECJ ruling, the case will be returned to a Danish court for implementation considerations.