On the scope of ECHR art. 8 – Madsen in Kristeligt Dagblad
Mikael Madsen has made a statement to Kristeligt Dagblad regarding the deportation of foreigners & ECHR art. 8.
Denmark takes over the presidency of the Council of Europe on Wednesday, and one of the most debated subjects in this connection is whether Denmark will use this as an opportunity to increase the possibility of deporting criminal foreigners. The primary provision, which puts restraints on the deportation of criminals by Danish authorities, is the European Convention on Human Rights art. 8, but the debate about the deportation issue has overshadowed the article's full scope, says Mikael Rask Madsen. Madsen is of the opinion that the debate has focused too much on one simple issue with the consequence that all the positive aspects of art. 8 and the ECHR have been overlooked. In addition, Madsen is further of the position that the European Court of Human Rights has changed practice in recent years, which has also been overlooked in the debate.
Mikael Rask Madsen is Center Director and Professor at the Faculty of Law, University of Copenhagen, Centre of Excellence for International Courts (iCourts). Mikael Rask Madsen’s research is focused on globalization and the role of legal institutions and professionals in these processes, including international courts and their evolutions and challenges, the role of legal elites in the globalization, the development of the legal profession and legal knowledge and power.