Iv Lighedsprincipper i fRemmedlovgivningen

in Nordic Journal of International Law
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Abstract

The provisions relevant to aliens are not collected in a single legislative act, and administrative practise is not published. An aggregated exposition of the legal position of aliens seems called for. Ordinary aliens from third countries (outside the Nordic countries and EC) are in a weaker position than refugees who are settled here. Refugees are about 100 % safe from expulsion and they are integrated by a specific service body "Danish Refugee Council". Migrant workers show signs of anxiety and insecurity. However unfounded this may be, the insecurity is undoubtedly due to the formulation and administration of the aliens legislation. Critics, who in a number of cases are supported by the ombudsman, have pointed out that the Aliens Act is inprecise, open for construction and not subjected to judicial control. For the individual alien ,expulsion is as serious as a criminal sanction, and may appear as an additional penalty. It is therefore regretable that expulsion is not surrounded by the procedual guarantees of criminal procedure. Many decisions concerning aliens are based on administrative discretion. This pertains not only to the aliens police but also to social authorities who may return aliens in certain cases. Denmark has no central aliens administration such as the Swedish "Innvandrerverket". We have the Refugee Council, but there appears to be an iron curtain between this institution and aliens, who are not refugees. Migrant workers, however have the same need for integration, but the principle here is a total legal equality with Danish nationals. This equality in law is not however, enough to secure equality in fact. Much of the disturbance around the Aliens Act might have been avoided if the migrant workers had the same aid at their arrival as do the refugees. Municipalities with a large population of migrant workers have to set up special administrative units to handle their problems and it is understandable that the question arises why the Refugee Council cannot act as advisor for the municipalities, who have problems with aliens. Greater equality between aliens permanently residing here is called for. This can partly be achieved by enhancing the procedual guarantees in the Aliens Act. Furthermore all aliens should receive the same service as refugees do. I fail to see why greater legal security for aliens should deteriorate the legal position of refugees. Aliens should be looked upon as people, who have been invited to the country, and not merely as labour. Finally I should likt to know, if it is in conformity with humane justice to expel an alien merely because he is a burden to society?

Nordic Journal of International Law

Acta scandinavica juris gentium

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