(June 21, 2017) On June 15, 2017, Denmark edited its “National Sanction List” of religious preachers who are prohibited from entering Denmark. The original list, created on May 2, 2017, by the Danish Immigration Service, bans extreme religious advocates from entering Denmark. The list is instituted by virtue of an amendment to the Aliens Act that included an article 29c, adopted on December 27, 2016, to grant power to the Danish Immigration Service to ban certain religious advocates from entering the country. (1 § Lov nr. 1743 af 27. december 2016, Lov om ændring af udlændingeloven [Act No. 1743 of December 27, 2016, on Amending the Aliens Act] , FOLKETINGSTIDENDE C (Dec. 19, 2017); The National Sanction List, NEW TO DENMARK (May 2, 2017); Press Release, Yderligere to hadprædikanter kommer på sanktionslisten [Additional Hate Preachers Added to the National Sanctions List] (June 15, 2017), Immigration and Integration Ministry website.)
Article 29c of the Aliens Act now reads
Art. 1. An alien can be put on a [sanctions] list if the alien is a religious preacher or in another way [works to] expand a religion or faith, and concern for public order in Denmark requires that the alien not be permitted to stay in this country. The placement on the list is made for two years and can be extended for two years at a time. An alien who is covered by European Union travel rules, i.e., EU citizens covered under the freedom of movement of people, or who has a residence permit in this country cannot be placed on the list.
Art. 2. When considering if an alien should be registered on the sanctions list the Immigration Service does not need to make the alien aware of any information that the state has about him or her, as otherwise required by article 19 of the Danish Public Administration Act.
Art. 3. The listing is effective from the time of publication in the Statitidende [the Danish official gazette], unless the person added to the list has already been notified of the action.
Art. 4. The list can be made public with information on the name, nationality, date of birth, country of residence, and facial photograph of the persons listed.
Art. 5. At the request of the alien, the Immigration Service will retry the decision to list him or her. Application for review does not delay the addition onto the list. (§ 29c Aliens Act, LBK [Lovbekendtgørelse] nr 412 af 09/05/2016 Bekendtgørelse af udlændingeloven [Act No. 412 of May 9, 2016, on Announcement of the Aliens Act], RETSINFORMATION; Act No. 1743 of December 27, 2016, on Amending the Aliens Act (translation by author).)
Violators of the ban who enter Denmark are subject to a fine or a prison sentence of up to three years (§ 1 Lov nr 1723 af 27/12/2016 om ændring af straffeloven [Act No. 1723 of December 27, 2016, on Amendment of the Penal Code], RETSINFORMATION; LBK nr 1052 af 04/07/2016 (Straffeloven) [LBK No. 1052 of July 4, 2016 (Penal Code)] (as amended), RETSINFORMATION.)
Currently there are eight preachers (seven Muslims and one Christian) with their names and photographs on the list. The list does not specify the religion of the banned preachers. (The National Sanction List – Religious Preachers with Entry Ban, NEW TO DENMARK (June 15, 2017); Denmark Bans Six Hate Preachers, Including Five Muslims, THE LOCAL (May 2, 2017); Stephen Gadd, Two New Extremist Preachers Banned from Entering Denmark, CHP POST ONLINE (June 15, 2017).)
The purpose of the list is to prevent hate preachers who “want to undermine Danish law and values and support parallel legal systems” from entering Denmark. (L 48 Forslag til lov om ændring af udlændingeloven [L 48 Proposal for Act on Amendments to the Aliens Act], Folketinget (Danish Parliament) website.) The list is the product of a 2016 political agreement on the subject of excluding extremist clerics. (Aftale mellem regeringen og Socialdemokraterne, Dansk Fol-keparti og Det Konservative Folkeparti om initiativer rettet mod religiøse forkyndere, som søger at undergrave danske love og værdier og understøtte parallelle retsopfattelser [Agreement Between the Government and the Social Democrats, Danish People’s Party, Conservative People’s Party on Initiatives Aimed at Religious Preachers Who Seek to Undermine Danish Law and Values and Support Parallel Legal Systems] (May 31, 2016), KIRKEMINISTERIET [Ministry of Ecclesiastical Affairs].)
Through that agreement, Denmark has also established an “awareness list,” which is not made public and may include persons who are EU citizens who have a right to visit Denmark. Neither of the lists may include Danish citizens. (Id.; The National Sanction List, supra; Inger Støjberg, Skriftlig fremsættelse (9. november 2016) (2016/1 SF.L L 48) [Nov. 9, 2016, Written Proclamation 1 to Law Proposal No. 48 of 2016], RETSINFORMATION)