Immigration and integration minister Kaare Dybvad Bek (Socialdemokratiet, S) has suspended the processing of all cases where a citizen is considered to have acquired Danish citizenship by mistake.
The background is that the Supreme Court, with a ruling last Wednesday, overturned the interpretation of the law that the Ministry of Immigration and Integration has had for decades and decided cases based on.
Kaare Dybvad Bek informed about his decision in a briefing he sent Thursday afternoon to the Danish Parliament’s Committee on Citizenship.
»The Supreme Court’s opinion differs from the Ministry of Immigration and Integration’s previous and long-standing interpretation«, writes Kaare Dybvad Bek in the briefing.
The groundbreaking element in the new Supreme Court ruling is that the seven judges determined that if a citizen has obtained Danish citizenship and it later turns out that it was done by mistake, the authorities cannot simply revoke the citizenship.
This is what happened in the case of the woman from Funen, Nadine, who had her citizenship reclassified, which she received when she was adopted by a Danish man in 2006. The same has happened to a number of citizens who, by mistake, have been issued Danish passports, certificate of nationality, and social security numbers.
These citizens have so far been referred to apply to have their case presented to the politicians in the Danish Parliament’s Committee on Citizenship, which could then say yes or no to their Danish citizenship.
In the past two years, according to Politiken’s information, 25 cases have been presented to the committee, where politicians have rejected 15.
And this is the practice that is now being suspended.
Administrative law applies
The Supreme Court stated in the premises of the ruling that common administrative law principles, where citizens have had a legitimate expectation that they have acquired citizenship and have adjusted to it, also apply in cases about citizenship.
If a citizen has acted in good faith and a long time has passed, citizenship cannot simply be taken away. In such a case, the matter must be reassessed, and consideration must be given to whether the citizen has been in good faith over a long period, has adjusted to being Danish, and a revocation of citizenship would be very intrusive.
And this is contrary to the Ministry of Immigration and Integration’s »previous and long-standing interpretation supported by many years of practice and legal literature«, writes the minister.
»The Ministry of Immigration and Integration is therefore now assessing the scope of the ruling and how it should be handled«, writes Kaare Dybvad Bek, who adds that for the time being, »the processing of similar cases« has been »suspended«.
Supreme court and the rule of law
In the Parliament, Radikale Venstre (RV) and Enhedslisten (EL) have criticized the handling of citizenship cases, while a broad majority has supported the government.
The citizenship spokesperson, Zenia Stampe (RV), says it is »pleasant but also expected« that the minister is now suspending the cases due to the Supreme Court ruling. But she also thinks it is an embarrassing case for the politicians.
»Previously, if a minister administered against the law, the minister risked receiving a reprimand or losing their position. Here, it is not the political majority that guards the rule of law. It is the courts and the press«, she says.
It is a victory for the rule of law, but it is not a political victory
Zenia Stampe, spokesperson(R)
»So it is a victory for the rule of law, but it is not a political victory. And it is sad in a case of this nature«.
The 29-year-old woman from Funen, Nadine, had her Danish citizenship reclassified in May. The decision was made by the Agency of Family Law after receiving guidance from the Ministry of Immigration and Integration.
The ministry has not wished to comment on the consequences the Supreme Court ruling will have for Nadine. It will likely be part of the ministry’s assessment of the »scope of the ruling«.
Message understood
Sten Bønsing, a professor of administrative law at Aalborg University, says the minister’s decision »sounds entirely reasonable and well-considered«.
»The Supreme Court has said that administrative law applies in these cases, and if you have not been aware of that previously, but just reflexively revoked people’s passports, there is at least a risk that something illegal has been done«, says Sten Bønsing.
»It is not certain, but you have to stop and reassess the cases according to the criteria that the Supreme Court reminds us are applicable«.
Nadine, who had her Danish citizenship reclassified in May, so she now has no citizenship at all, has filed a lawsuit against the Agency of Family Law and the Ministry of Immigration and Integration to have this reclassification annulled. She will not accept being deprived of the citizenship she was granted at age nine after her German-born mother married a Danish man who adopted her.
The Agency of Family Law and the ministry have not yet responded to how they will handle the lawsuit, but they are expected to do so within the next few weeks.
Does the minister’s new decision indicate what will happen in Nadine’s case?
»Not in itself. The only thing you can say is that the ministry apparently understands that there is a message from the Supreme Court. They have understood that a ruling has been made«, says Sten Bønsing.