Nine EU Countries Call for Simplified Deportation of Foreign Criminals

A coalition of nine EU nations is advocating for a reinterpretation of the European Convention on Human Rights (ECHR) to facilitate the deportation of foreign nationals convicted of serious crimes. Initiated by Italy and Denmark, this initiative also includes Austria, Belgium, the Czech Republic, Poland, and the Baltic States. Austrian Chancellor Christian Stocker has expressed support for this initiative, emphasizing the need for greater national discretion in deciding when to expel criminal foreigners.

The participating countries argue that the ECHR is often interpreted too broadly by the European Court of Human Rights (ECtHR), limiting the ability of democratic societies to protect themselves from contemporary challenges, such as migration. Italian Prime Minister Giorgia Meloni articulated the necessity of opening a political dialogue regarding longstanding European conventions to address pressing issues, particularly migration.

The signatories' letter highlights cases involving severe crimes, including violent offenses and drug trafficking, as justification for their call to action. They believe that the majority of European citizens would support their stance on this matter. However, the aim is not to amend the text of the convention itself, but rather to adjust its interpretation by the courts. According to legal experts, the ECtHR has historically offered broad interpretations of Article 3 of the ECHR, which prohibits torture and inhumane treatment.

Instances have arisen where individuals from Somalia, Eritrea, and India, who committed crimes within the EU, successfully appealed against their deportation to the ECtHR. To prevent similar outcomes in the future, the signatory nations propose that all 46 contracting parties to the ECHR agree on a joint interpretative declaration. This declaration would clarify that deportation is permissible for individuals convicted of serious crimes such as rape or murder.

The upcoming European Council meeting in June will be critical for garnering broader support from the remaining 18 EU member states, as a larger coalition would enhance the chances of the ECtHR adopting the proposed reinterpretation. Legal experts assert that simply sending the letter is insufficient, emphasizing that substantial backing is needed to effectuate real change.

While Austria remains a staunch advocate for human rights and the independence of international legal frameworks, it acknowledges the pressing issue of deporting foreign criminals. The Austrian government has reiterated that the ECHR is a fundamental pillar of the rule of law and is constitutionally protected. Nevertheless, they recognize the importance of initiating discussions surrounding the complexities of deporting criminal offenders.