EU Nations Turn on Strasbourg Court Over Border Control Rulings

Italy and Denmark are building a coalition to challenge the court’s growing role in limiting national control over borders.

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Italy and Denmark are building a coalition to challenge the court’s growing role in limiting national control over borders.

Denmark and Italy are leading a push to rein in the power of the European Court of Human Rights, warning that its activist rulings are tying the hands of democratically elected governments trying to control illegal migration.

According to Euractiv, the two governments are rallying support for a draft letter that accuses the Strasbourg-based court of stretching the European Convention on Human Rights beyond its intended scope—particularly in cases involving migration. The letter, currently open for signatories and expected to be published in the coming weeks, warns that the court’s recent decisions have eroded the ability of nations to “make political decisions in our own democracies.”

Though Italy has not yet formally signed, sources in Rome confirmed the government is involved in the discussions. The initiative aims to start a long-overdue conversation on how international law is being used to override national policies on border control and asylum.

“What was once right might not be the answer of tomorrow,” the letter states, urging a rethinking of post-war legal frameworks in the face of today’s mass irregular migration and growing public pressure for tougher enforcement.

The European Court of Human Rights enforces the Convention across 46 countries within the Council of Europe—an institution separate from the EU but to which all 27 EU member states belong. 

Denmark and Italy have worked in recent months to build an informal coalition of EU countries demanding stricter migration controls, particularly ahead of key EU summits. Potential supporters of the letter include Czechia, Finland, Poland, and the Netherlands—all countries that have pushed back against Brussels-led migration initiatives.

The move comes amid a broader reckoning in Europe with the limits of international courts and treaties drawn up in an era that bears little resemblance to today’s security and demographic challenges.

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