The Ministry of Refugees, Immigration and Integration Affairs
New procedural rules in the Danish Aliens Act applied to pending case. Assignment of special counsel to alien was in conformity with the Aliens Act.
In January of 2009, A, who according to an administrative order had been expelled from Denmark on the grounds that he was deemed a danger to national security, brought an action claiming, among other things, that this order be reversed. A new act, which was adopted in June of 2009 and entered into force on 1 July 2009, introduced new provisions on judicial review of certain administrative expulsion orders etc. Pursuant to the commencement provision, the judicial review provisions also applied to cases brought before the act entered into force. Under the new procedural rules, A had been assigned a "special" counsel by the High Court.
A stated, among other things, that the commencement provision in the amending act was in contravention of the Danish Constitutional Act and the European Human Rights Convention. The special counsel had been assigned without consulting A, which was unlawful.
The Ministry of Refugees, Immigration and Integration Affairs stated that the commencement provision was in accordance with the Danish Constitutional Act and the European Human Rights Convention. In addition, the assignment of the special counsel was in conformity with the Aliens Act.
The Supreme Court concluded that applying the new procedural rules to a pending case was not in contravention of the Constitutional Act or the Human Rights Convention. In addition, the assignment of the special counsel was in conformity with the explanatory notes to the relevant provision in the Aliens Act.
The Supreme Court thus affirmed the orders of the High Court.