Last Change:

12/02/2024

H.D. 13. september 2013 i sag 306/2012 (1. afd.) (U 2013.3328 H), The Supreme Court of Denmark

Year: 2013

Type: Other

Rights Category: Nationality, Integration & Public Affairs

Description

In the principal judgment U 2013.3328 H, the Supreme Court ruled that the Constitution does not prevent an applicant from bringing an action before the courts, claiming that the citizenship authorities must recognize that a refusal of citizenship was granted in violation of Denmark’s international obligations.

The Supreme Court justified this result by stating that Denmark has undertaken a number of international obligations that are important for the granting of citizenship. These obligations must also be complied with when the Citizenship Committee exercises its discretion as to whether or not Danish citizenship should be granted to an applicant. An applicant can thereby obtain a judicial review of whether Denmark’s international obligations have been violated in connection with a refusal, and thereby test whether the applicant is entitled to damages or compensation in this connection.