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Denmark/ Supreme Court/ 68/2019

The Prosecution Service v. T

Deciding Body type:
National Court/Tribunal
Deciding Body:
The Supreme Court
Decision date:

Key facts of the case:

T was convicted of aggravated violence pursuant to Section 245 (1) in the Danish Criminal Code, cf. Section 247 (1). At the time of the offence, T was 16 years old and had been in Denmark since he was 8 years old. During the criminal proceedings, T was 17 years old.  

The Prosecutor has called for expulsion based on, inter alia, the seriousness of the crime. The question before the courts was whether expulsion was possible pursuant to the Danish Act on Foreigners. As the father of T is a citizen of the Union, expulsion was only possible if it was accordance with the EU principles regarding limitations on the right to free movement, cf. Section 26 b in the Danish Act on Foreigners. The court therefore had to examine whether expulsion would be in violation of the EU Directive on Freedom of Movement and Residence – and the rights ensured in inter alia the Charter.

Key legal question:

The case concerned the sentencing and the question of expulsion pursuant to national and EU legislation. 

Outcome of the case:

The Supreme Court found that expulsion was not a disproportionate interference in violation of art. 27 (2) and 28 (1) in the EU Directive on Freedom of movement and residence and art. 8 in the European Convention on Human Rights and art. 7 in the EU Charter of Fundamental Rights.

Considering the nature and the seriousness of the present and previous crime committed by T, the Supreme Court found, after an overall assessment, that the overriding considerations calling for an expulsion, including the risk of him committing serious bodily harm, outweighed considerations calling for no expulsion.