European asylum and migration policy
Parts of the EU asylum legislation is being implemented in Denmark, despite of the Danish opt-out from the area of Justice and Home Affairs, e.g. the Dublin rules. Denmark is also bound by the EU rules on return due to the Schengen cooperation. At the same time, Danish governments thus also aim to influence EU policies.
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How does Danish asylum policy impact EU asylum law?
For many years, the aim of several Danish governments has been to limit the possibility to apply for territorial asylum and get protection as a refugee in Denmark, so-called externalisation of asylum processing and refugee protection.
Despite the legal reservation to EU law in the area of Justice and Home Affairs, Denmark participates in the discussions on EU asylum and migration law.
The aim of the current Danish government is to make agreements with third countries to establish centers for both external asylum processing and return (so-called return hubs) together with other EU Member States.
The Danish scheme on external asylum processing in third countries
In June 2021, a majority of the Danish Parliament agreed to change the Danish Aliens Act to allow for the transfer of asylum seekers to asylum centers outside the EU.
The scheme is aimed at transferring asylum seekers to a third country, where they should have asylum claims examined and stay, if they were recognized as refugees - regardless of whether there is a connection to the country or not.
So far, no asylum seeker has been transferred from Denmark to a asylum centers outside the EU. For the legal change to be implemented, Denmark must sign a binding agreement with a third country and that has yet to happen.
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