10.07.2019

News

Partner at NJORD Law Firm Thomas Ryhl wins a principal case before the European Court of Justice

Does greater attachment to another country automatically prevent successful integration in Denmark? The European Court of Justice addressed this question in a preliminary ruling over the summer and found the Danish attachment requirement disproportionate.

In 2017, the Eastern High Court requested that the European Court of Justice assess whether the Danish attachment requirement was legal. More specifically, whether the Association Agreement between the EU and Turkey precludes the Danish requirement, namely that spouses may live together in Denmark only if the couple’s strongest combined attachment is to Denmark. In practice, the rule has made it impossible for married couples from the same country of origin to obtain residence permits and family reunification in Denmark, even if one of the spouses has lived and worked in Denmark for many years.

The case leading up to the ruling from the European Court of Justice involved a Turkish woman who was denied family reunification with her husband because she had a stronger attachment to Turkey than to Denmark because her husband is also born and raised in Turkey.

The Turkish woman was married to and later divorced, her Turkish husband. The man later married a German woman, with whom he moved to Denmark a few years later, where they both had jobs and obtained residence permits. After ten years they divorced, and the man remarried his first wife, who is also the mother of his now grown-up children. The children live in Denmark with the man, and the woman, therefore, applied for family reunification, so that she could live with her husband in Denmark. The application was denied this because of the attachment requirement.

Between 2003 and 2018, around 18,000 applications for family reunification were denied because of the attachment requirement. Thousands of Turks who have steady jobs and have lived in Denmark for many years have been affected. The judgement from the European Court of Justice ensures that many Turkish families who for years have had to live separated because of the Danish rule, will now have the possibility of getting their cases reopened, with the hope of living together in Denmark, should they still wish to do so.

Latest news

NJORD Estonia: Four options to employ additional labour for the holidays

The holiday season is often accompanied by a shortage of own personnel. Due to an increase in shopping activity, additional labour must be hired, e.g. by shops and manufacturing companies. Based on the rules of working and rest time, the existing employees cannot perform the extra work related to the temporary increase in workload. There are four options to solve the situation.

NJORD Latvia: Money laundering cases and practice

According to the information provided by the Financial Intelligence Service (FID), 102 criminal cases involving money laundering were initiated in the first half of this year. Of these, 55% referred to autonomous money laundering offenses. As a consequence, the FID issued 159 freezing orders of €104.8 million of alleged proceeds. This sum already exceeds that of all of 2018, when assets totaling €101.5 million were frozen. By the end of this year, the FID has plans to freeze a further €200 million.

NJORD Estonia: The use of AI in dermatology and skincare

AI is believed to have great potential in the field of dermatology and skincare. Currently, different solutions are being developed in order to personalise skincare for people. For example, algorithms can be developed, which make use of computer vision and machine learning in order to help people find the right skincare treatments for them. There are two ways how AI is used for this. First, it is possible to develop computer and mobile applications, which analyse the skin of a person based on the person’s selfie. The application analyses, what the person’s skin type is and what kind of products or treatments the person should use.

Get the latest legal news

We gladly share our knowledge with you. Subscribe to our newsletters.

Subscribe here