Courts of Denmark
Encyclopedia
The Danish Supreme Court
is the highest civil and criminal court responsible for the administration of justice in Denmark
. The Kingdom of Denmark
, consisting of Denmark
, Greenland and the Faroe Islands
, does not have a single unified judicial system – Denmark has one system, Greenland another, and the Faroe Islands a third. However, decisions by the highest courts in Greenland and the Faroe Islands may be appealed to the Danish High Courts. This article describes only the judicial court system of Denmark.
Since late 2005, a gradual reform of the structure and functions of the lower courts has been working its way through the Danish Parliament.
The Danish system of courts is based on a unified structure, in which there are no special or constitutional courts of law, as well as no formal division within the courts. As a rule, all courts of law may adjudicate
disputes in legal areas such as civil
, labour
, administrative
and constitutional law
as well as criminal justice
.
Judicial action against ministers and/or former ministers, in cases surrounding their dealings as minister, are however handled by a Court of Impeachment
of the Realm (Rigsretten), composed of Supreme Court judges and members of parliament.
The Court of Indictment and Revision (Den Særlige Klageret) handles complaints regarding procedure, disqualification of judges etc. brought by the users of the courts, against the courts.
Proceedings are oral in general and open to the public in the lower courts, and always oral in the Supreme Court. Media transmissions from within the court are prohibited, unless allowed by the presiding judge.
The general structure of the judicial system is inspired by the traditions of continental Europe
.
The Administration of Justice Act of 1916 (Lov om Rettens Pleje – Retsplejeloven), the only Danish legal code
, contains almost 1000 articles, defining the administration and organisation of the courts, covering fields of both civil
and criminal procedure
. The Act has undergone substantial changes since its enactment in 1916.
Furthermore, the Danish Constitution provides for the Court of Impeachment of the Realm (Rigsretten) to hear cases brought against ministers concerning their administration. In addition, the Special Court of Final Appeal (Den særlige Klageret) deals with cases concerning disciplinary sanctions against judges and petitions for retrial of criminal cases under article 86 of the Administration of Justice Act.
The Danish Courts exercise the judicial powers of government and resolve related issues, including probate, bankruptcy, enforcement, land registration and administrative issues.
All judges are jurist
s. Lay judges may be of any profession, except they may not be attorneys, members of the clergy or acting civil servants, and it is considered of good practice for none to be jurists.
From late 2005 a gradual reform of the lower courts is under way. When passed, the reform will transform the role of the County and High Courts, as well as ensuring that the Supreme Court only handles cases which are principal in nature.
County Court has 49 judges and a President, whilst Aarhus
, Odense
, Aalborg
and Roskilde
county courts have a President and 15, 10, 10 and 7 other judges, respectively. 29 jurisdiction
s have two to four judges, whilst the last 50 jurisdictions have only one judge.
At the preparatory and trial
stages of civil cases only one judge presides. In criminal cases where the defendant
pleads
guilt
y to all charges presented against him or her, or when the prosecution
does not ask for a sentence in excess of a fine, the case is also presided by a single judge. In criminal cases where this is not the case, the judge sits with two lay judge
s. Special rules regarding appointment of lay judges apply to maritime cases.
In cases where lay judges sit with the judge, decisions are adopted by simple majority.
In addition to their normal duties, county court judges act as notary public
and bailiff
s (in particular, the fogedret
sees to the enforcement of judgments and legal claims), as well as administrators of bankruptcy proceedings and probate
matters. Furthermore they administer the local land registry. In regard to the administrative tasks, these functions may be assigned to an assessor
, which is a deputy judge. An electronic reform of the land registry system is being implemented, making the system entirely electronic.
All nuptial
agreements
and the car-ownership registry
are controlled and administered by Aarhus County Court.
and a civil and criminal appellate court
for cases from the subordinate courts. A County Court decision can always be appealed to a High Court – if the disputed claim exceeds DKK 10,000. First instance civil cases may only be brought before the High Court if the disputed claim exceeds DKK 1,000,000.
Denmark has two High Courts. The High Court of Western Denmark (Vestre Landsret) sits in Viborg
but has chambers in larger western cities. It has jurisdiction over all County Courts in Jutland
. It has one President and 38 judges.
The High Court of Eastern Denmark (Østre Landsret) sits in Copenhagen
but has chambers in larger eastern cities. It has jurisdiction over all County Courts outside the Jutland peninsula as well as the County Court for the Faroe Islands and the High Court of Greenland. It has one President and 63 judges. The High Courts are only set in chambers outside Viborg and Copenhagen in criminal cases. All civil cases are brought before The High Courts in either Viborg or Copenhagen.
The High Courts are split into chambers, each consisting of three High Court judges. Though the President of the High Court appoints a presiding judge for each chamber, all decisions are reached by a simple majority, in all types of cases.
As a criminal appellate court in appealed cases where lay judges have taken part in the County Court trial, the High Court is composed of three High Court judges and three lay judges. High Court judges also sit with lay judges in cases of general public interest. In cases where special knowledge is needed, i.e. cases regarding removal of children from their parents, specialists may appear as lay judges.
If the defendant pleads "not guilty" and may be sentenced to 4 years or more in prison, the three High Court judges sit with a 12 member jury. The jury alone decides the question of guilt. A verdict of guilty requires two thirds majority (eight votes). Acquittal is final. A verdict of guilty can be rejected by the judges, in which case the whole case starts over with new judges and new jurors. The penalty is set by judges and jury, with each juror having one vote, each judge four.
The Supreme Court was founded on 14 February 1661 by King Frederik III, yet can trace its roots back even further to the now defunct King's Court of King Christian IV (Kongens Retterting). As its name indicates, the Supreme Court is the highest Court in the Kingdom of Denmark and its judgments cannot be appealed to another Danish court. It is split into two chambers which both hear all types of cases. A case is heard by at least five judges. In all, the court consists of normally 15 judges and a President.
Unlike criminal cases in the lower courts, the Supreme Court does not deal with the issue of guilt. However, the basis on which the lower court reached its verdict may be brought into consideration and edited. In criminal trials by jury in the first instance, the defence may appeal on grounds of judicial error regarding the judges' direction to the jury (the summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate).
from Government and Parliament by providing that judges shall only be guided by the law, including acts, statutes and practice.
, 1998. As a result the responsibility of administering the justice system and courts was removed from the Ministry of Justice
and given to a newly formed, independent Court Administration (Domstolsstyrelsen), thereby securing separation of the judicial and executive branches of government.
The Judicial Appointments Council, like the Court Administration, was formed in 1999, and facilitates the recruitment of judges from all branches of the legal profession. Before 1999, it was felt that too many judges had a career background within the Ministry of Justice.
Likewise, the Council was set up to ensure independence from the other branches of government. Even though it is funded via the annual Budget Act, the Council enjoys full independence from all three branches of government.
Supreme Court of Denmark
The Supreme Court of Denmark is the supreme court and the third and final instance in all civil and criminal cases in Denmark. It is based at Christiansborg Palace in Copenhagen which also houses the Danish Parliament.-History:...
is the highest civil and criminal court responsible for the administration of justice in Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
. The Kingdom of Denmark
Kingdom of Denmark
The Kingdom of Denmark or the Danish Realm , is a constitutional monarchy and sovereign state consisting of Denmark proper in northern Europe and two autonomous constituent countries, the Faroe Islands in the North Atlantic and Greenland in North America. Denmark is the hegemonial part, where the...
, consisting of Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Greenland and the Faroe Islands
Faroe Islands
The Faroe Islands are an island group situated between the Norwegian Sea and the North Atlantic Ocean, approximately halfway between Scotland and Iceland. The Faroe Islands are a self-governing territory within the Kingdom of Denmark, along with Denmark proper and Greenland...
, does not have a single unified judicial system – Denmark has one system, Greenland another, and the Faroe Islands a third. However, decisions by the highest courts in Greenland and the Faroe Islands may be appealed to the Danish High Courts. This article describes only the judicial court system of Denmark.
Since late 2005, a gradual reform of the structure and functions of the lower courts has been working its way through the Danish Parliament.
The Courts of Justice
In accordance with article 3 of the Danish Constitution, all judicial authority is vested in the courts of justice. The constitution also provides that only judges of the court may pass judgements, whereas parliamentary commissions may only investigate.The Danish system of courts is based on a unified structure, in which there are no special or constitutional courts of law, as well as no formal division within the courts. As a rule, all courts of law may adjudicate
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
disputes in legal areas such as civil
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
, labour
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
, administrative
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
and constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
as well as criminal justice
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
.
Judicial action against ministers and/or former ministers, in cases surrounding their dealings as minister, are however handled by a Court of Impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
of the Realm (Rigsretten), composed of Supreme Court judges and members of parliament.
The Court of Indictment and Revision (Den Særlige Klageret) handles complaints regarding procedure, disqualification of judges etc. brought by the users of the courts, against the courts.
Proceedings are oral in general and open to the public in the lower courts, and always oral in the Supreme Court. Media transmissions from within the court are prohibited, unless allowed by the presiding judge.
The general structure of the judicial system is inspired by the traditions of continental Europe
Continental Europe
Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands....
.
The Administration of Justice Act of 1916 (Lov om Rettens Pleje – Retsplejeloven), the only Danish legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
, contains almost 1000 articles, defining the administration and organisation of the courts, covering fields of both civil
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
and criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
. The Act has undergone substantial changes since its enactment in 1916.
Structure
From 1 January 2007, the Danish Courts are composed of the Supreme Court (Højesteret), the two High Courts (Landsretten), the Copenhagen Maritime and Commercial Court (Sø- og Handelsretten i København (national jurisdiction)), the Land Registration Court, 24 district courts (Byretten), the courts of the Faroe Islands and Greenland, the Appeals Permission Board, the Danish Judicial Appointments Council and the Danish Court Administration.Furthermore, the Danish Constitution provides for the Court of Impeachment of the Realm (Rigsretten) to hear cases brought against ministers concerning their administration. In addition, the Special Court of Final Appeal (Den særlige Klageret) deals with cases concerning disciplinary sanctions against judges and petitions for retrial of criminal cases under article 86 of the Administration of Justice Act.
The Danish Courts exercise the judicial powers of government and resolve related issues, including probate, bankruptcy, enforcement, land registration and administrative issues.
All judges are jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
s. Lay judges may be of any profession, except they may not be attorneys, members of the clergy or acting civil servants, and it is considered of good practice for none to be jurists.
From late 2005 a gradual reform of the lower courts is under way. When passed, the reform will transform the role of the County and High Courts, as well as ensuring that the Supreme Court only handles cases which are principal in nature.
County Courts and the role of County Court judges
The composition of the county courts varies but is regulated by law. The CopenhagenCopenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
County Court has 49 judges and a President, whilst Aarhus
Aarhus
Aarhus or Århus is the second-largest city in Denmark. The principal port of Denmark, Aarhus is on the east side of the peninsula of Jutland in the geographical center of Denmark...
, Odense
Odense
The city of Odense is the third largest city in Denmark.Odense City has a population of 167,615 and is the main city of the island of Funen...
, Aalborg
Aalborg
-Transport:On the north side of the Limfjord is Nørresundby, which is connected to Aalborg by a road bridge Limfjordsbroen, an iron railway bridge Jernbanebroen over Limfjorden, as well as a motorway tunnel running under the Limfjord Limfjordstunnelen....
and Roskilde
Roskilde
Roskilde is the main city in Roskilde Municipality, Denmark on the island of Zealand. It is an ancient city, dating from the Viking Age and is a member of the Most Ancient European Towns Network....
county courts have a President and 15, 10, 10 and 7 other judges, respectively. 29 jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s have two to four judges, whilst the last 50 jurisdictions have only one judge.
At the preparatory and trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
stages of civil cases only one judge presides. In criminal cases where the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
pleads
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
y to all charges presented against him or her, or when the prosecution
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
does not ask for a sentence in excess of a fine, the case is also presided by a single judge. In criminal cases where this is not the case, the judge sits with two lay judge
Lay judge
A lay judge is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions, such as Germany, Sweden and Finland. Japan began implementing a new lay judge system in 2009....
s. Special rules regarding appointment of lay judges apply to maritime cases.
In cases where lay judges sit with the judge, decisions are adopted by simple majority.
In addition to their normal duties, county court judges act as notary public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
and bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
s (in particular, the fogedret
Vogt
A Vogt ; plural Vögte; Dutch voogd; Danish foged; ; ultimately from Latin [ad]vocatus) in the Holy Roman Empire was the German title of a reeve or advocate, an overlord exerting guardianship or military protection as well as secular justice...
sees to the enforcement of judgments and legal claims), as well as administrators of bankruptcy proceedings and probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
matters. Furthermore they administer the local land registry. In regard to the administrative tasks, these functions may be assigned to an assessor
Assessor (law)
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is in fact the historical meaning of this word.-By country:In Denmark, it was the former title given to Supreme Court judges. Today the title is given to Deputy Judges...
, which is a deputy judge. An electronic reform of the land registry system is being implemented, making the system entirely electronic.
All nuptial
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
agreements
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
and the car-ownership registry
Department of Motor Vehicles
In the United States of America, a Department of Motor Vehicles is a state-level government agency that administers vehicle registration and driver licensing. Similar departments exist in Canada...
are controlled and administered by Aarhus County Court.
High Courts
The High Court functions both as a civil and criminal court of first instanceTrial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
and a civil and criminal appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
for cases from the subordinate courts. A County Court decision can always be appealed to a High Court – if the disputed claim exceeds DKK 10,000. First instance civil cases may only be brought before the High Court if the disputed claim exceeds DKK 1,000,000.
Denmark has two High Courts. The High Court of Western Denmark (Vestre Landsret) sits in Viborg
Viborg, Denmark
Viborg , a town in central Jutland, Denmark, is the seat of both Viborg municipality and Region Midtjylland. Viborg is also the seat of the Western High Court, the High Court for the Jutland peninsula...
but has chambers in larger western cities. It has jurisdiction over all County Courts in Jutland
Jutland
Jutland , historically also called Cimbria, is the name of the peninsula that juts out in Northern Europe toward the rest of Scandinavia, forming the mainland part of Denmark. It has the North Sea to its west, Kattegat and Skagerrak to its north, the Baltic Sea to its east, and the Danish–German...
. It has one President and 38 judges.
The High Court of Eastern Denmark (Østre Landsret) sits in Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
but has chambers in larger eastern cities. It has jurisdiction over all County Courts outside the Jutland peninsula as well as the County Court for the Faroe Islands and the High Court of Greenland. It has one President and 63 judges. The High Courts are only set in chambers outside Viborg and Copenhagen in criminal cases. All civil cases are brought before The High Courts in either Viborg or Copenhagen.
The High Courts are split into chambers, each consisting of three High Court judges. Though the President of the High Court appoints a presiding judge for each chamber, all decisions are reached by a simple majority, in all types of cases.
As a criminal appellate court in appealed cases where lay judges have taken part in the County Court trial, the High Court is composed of three High Court judges and three lay judges. High Court judges also sit with lay judges in cases of general public interest. In cases where special knowledge is needed, i.e. cases regarding removal of children from their parents, specialists may appear as lay judges.
If the defendant pleads "not guilty" and may be sentenced to 4 years or more in prison, the three High Court judges sit with a 12 member jury. The jury alone decides the question of guilt. A verdict of guilty requires two thirds majority (eight votes). Acquittal is final. A verdict of guilty can be rejected by the judges, in which case the whole case starts over with new judges and new jurors. The penalty is set by judges and jury, with each juror having one vote, each judge four.
Supreme Court
The Supreme Court functions as a civil and criminal appellate court for cases from the subordinate courts. Since a decision cannot normally be appealed more than once, County Court cases rarely reach Supreme Court-level, though this may be the case if the independent Board of Appeals grants a leave of appeal.The Supreme Court was founded on 14 February 1661 by King Frederik III, yet can trace its roots back even further to the now defunct King's Court of King Christian IV (Kongens Retterting). As its name indicates, the Supreme Court is the highest Court in the Kingdom of Denmark and its judgments cannot be appealed to another Danish court. It is split into two chambers which both hear all types of cases. A case is heard by at least five judges. In all, the court consists of normally 15 judges and a President.
Unlike criminal cases in the lower courts, the Supreme Court does not deal with the issue of guilt. However, the basis on which the lower court reached its verdict may be brought into consideration and edited. In criminal trials by jury in the first instance, the defence may appeal on grounds of judicial error regarding the judges' direction to the jury (the summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate).
Independence
Articles 62 and 64 of the Danish Constitution ensure judicial independenceJudicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
from Government and Parliament by providing that judges shall only be guided by the law, including acts, statutes and practice.
Administration of the Courts
The Court Administration was formed in 1999 following the Court Administration ActStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, 1998. As a result the responsibility of administering the justice system and courts was removed from the Ministry of Justice
Ministry of Justice of Denmark
Ministry of Justice of Denmark is the Danish government ministry responsible for the general judicial system, including the police and the prosecution service, the courts of law, and prisons and the probation service...
and given to a newly formed, independent Court Administration (Domstolsstyrelsen), thereby securing separation of the judicial and executive branches of government.
Appointment of Judges
All judges are appointed by the reigning monarch, following recommendations (orders) from the Minister of Justice on the advice of the Judicial Appointments Council. The advice of the council is always followed.The Judicial Appointments Council, like the Court Administration, was formed in 1999, and facilitates the recruitment of judges from all branches of the legal profession. Before 1999, it was felt that too many judges had a career background within the Ministry of Justice.
Likewise, the Council was set up to ensure independence from the other branches of government. Even though it is funded via the annual Budget Act, the Council enjoys full independence from all three branches of government.