Italy, Denmark and seven other EU countries want a new interpretation of the European Convention on Human Rights in the context of migration policy. The European Court of Human Rights (ECHR) based in Strasbourg is responsible for upholding the European Convention on Human Rights, which is signed by 46 states. “Maintaining the independence and impartiality of the court is fundamental,” said the Secretary General of the Council of Europe, Alain Berset. “Against the complex challenges of our time, our task is to strengthen the Convention, not weaken it,” he stressed. “In a society where the rule of law prevails, justice must not be subject to political pressure,” Berset added.
In an open letter published on Thursday (22.05.2025) by the office of Italian Prime Minister Giorgia Meloni, several EU member states are calling for a principled debate on the interpretation of the Convention on Human Rights. The reason for this is the concern that the convention is no longer sufficient to respond to current challenges, especially when it comes to migration. The request was signed by the governments of Italy, Denmark, Poland, Austria, Belgium, Latvia, Estonia, Lithuania and the Czech Republic.
The document in question was published after a meeting between Italian Prime Minister Meloni and Danish Prime Minister Mette Frederiksen in Rome. Both prime ministers pursue a restrictive migration policy. A joint statement says: “We must restore the right balance.” The time has come for a discussion “on how international conventions can adapt to the challenges of our time.” The signatories of the statement also call for “to see how the European Court of Human Rights has developed its interpretations of the European Convention on Human Rights.” The court in Strasbourg has recently dealt with cases against Latvia, Lithuania and Poland, where the illegal treatment of migrants was at issue. Denmark was even asked to change its regulation on family reunification. The court has also condemned Italy several times for its treatment of migrants.
The open letter from the nine countries explicitly states, “whether the court has in some cases gone beyond the scope of its interpretation of the convention and whether it has thereby altered the balance between the interests to be protected.” In some cases, the ability of countries to “make political decisions in our democracies” has been limited. EU states demand new rules for the return of migrants
According to the EU border agency Frontex, the number of illegal border crossings into the European Union fell by 38 percent last year to 239.000. In 2023, illegal entries reached their highest level in ten years. However, EU heads of state and government called on the EU Commission to “urgently” come up with new rules for the return of migrants who have arrived illegally at a summit in October 2024. This was preceded by a massive increase in political pressure on this issue in Germany, Austria and other countries.