CJEU to Rule on Denmark’s ‘Ghetto Package’ and Racial Discrimination

The EU’s top court, the Court of Justice of the European Union (CJEU), is expected to rule soon on the legality of the Danish government’s “Ghetto Package” under EU law. The “Ghetto package,”, critics claim, is a “racialised” program introduced in 2018 that seeks to reshape the demographic makeup of “non-Western” neighbourhoods through the reduction of housing – by means of sales, demolition or forced evictions – in targeted areas.

This, it is claimed, has led to the loss of thousands of family homes. Critics argue that using “non-Western” as a determining factor effectively serves as a proxy for racial or ethnic origin, disproportionately affecting racialised and Muslim communities.

The CJEU ruling to be heard this week, say campaigners, follows the findings by an advisor to the Court this year that Denmark’s “ghetto law”, which allows the state to demolish apartment blocks in areas where at least half of the residents have a “non-Western” background, constitutes “direct discrimination on the basis of ethnic origin.”

One of the cases was brought against the Danish government by a group of Copenhagen residents whose homes in Mjølnerparken, a neighbourhood which was designated a “tough ghetto” under the 2018 legislation, are being sold. One of the cases was brought against the Danish government by a group of Copenhagen residents whose homes in Mjølnerparken, a neighbourhood which was designated a “tough ghetto” under the 2018 legislation, are being sold.

Together with the Danish Institute for Human Rights and two UN-appointed human rights experts, the residents seek a ruling from the CJEU on the correct interpretation of the EU’s Race Equality Directive, including in relation to the term “non-Western” background.

The case before the CJEU challenges the law under the EU Race Equality Directive. The Court’s decision will clarify whether using demographic categories like “non-Western background” in housing and urban policy is compatible with EU anti-discrimination rules.

This ruling also has significant potential implications beyond Denmark. Several European governments including the UK, have looked to Denmark’s model when considering neighbourhood-based housing and integration policies.

A judgment against the “Ghetto Package” could set an important legal standard across Europe, clarifying that demographic categories like “non-Western background” cannot be used in ways that result in discrimination. If the CJEU accepts the adviser’s reasoning, Denmark may be forced to amend or abolish the part of the law that uses ethnic “non-western” origin as a criterion.

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