Europaudvalget 2021-22
KOM (2022) 0500 Bilag 1
Offentligt
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EUROPEAN
COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 504 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Denmark
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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EN
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A
BSTRACT
The level of perceived judicial independence in Denmark continues to be very high. Gaps in
the digitalisation of the judiciary remain, notably related to digital solutions to initiate and
follow administrative and criminal proceedings. The limited expenditure on the justice
system as a percentage of the GDP and low number of judges remains a long-term challenge,
in particular in view of ensuring efficient case-handling. Discussions on a multiannual
budgetary framework for the period 2023-2026 are ongoing. A new law on court fees came
into force, which aims to make the fees more understandable and to incentivise settlements.
The justice system overall remains efficient and legislation to speed-up the handling of
criminal cases was adopted. However, the average case-handling times for district courts
have increased in both civil and criminal cases in 2021.
Denmark is perceived as the least corrupt country in the EU and the world. The anti-
corruption system continues to be based to a large extent on general rules on ethics and
integrity, social norms and public scrutiny with a high degree of trust in well-functioning of
the public administration. A new national investigative unit was established for a more
efficient approach to serious crime including complex corruption cases. New legislation was
introduced to strengthen the protection of whistleblowers along with new reporting channels.
Additional measures on political party financing to address multiple donations were
announced by the Government though no concrete roadmap for their adoption is planned.
Challenges regarding the implementation of international recommendations in relation to the
anti-corruption framework remain unaddressed, as there are no plans to address the absence
of rules on ‘revolving doors’ for ministers and on lobbying, and to ensure adequate control of
asset declarations submitted by persons entrusted with top executive functions.
Initiatives to strengthen the media self-regulatory system in Denmark through the creation of
a media ombudsperson and to update the current framework for media responsibility to fit the
digital media reality are currently ongoing. The independence of the two Danish public
service broadcasters is safeguarded by secondary legislation. Political negotiations have been
conducted regarding the possible amendment of the Access to Public Administrative
Documents Act, which restricts the right to access information in some cases, but there are no
concrete plans for reforms yet. Organisations representing Danish journalists, media and
cultural stakeholders, together with the Ministry of Justice and the Ministry of Culture, have
published a national action plan to further strengthen the already robust framework for the
safety of journalists. The Criminal Code has been amended to allow stricter sentences for
threats to freedom of expression.
A number of developments related to checks and balances could be observed in Denmark.
The first commission of scrutiny, following this newly established system of control,
examined the decision on culling of mink and submitted its report to a Parliament committee
on 30 June 2022. The Court of Impeachment, responsible for deciding on cases involving
breaches of ministerial responsibility, issued a ruling in 2021. In addition, the Government
has reviewed the use of the Epidemic Act and invited public comments. The guidelines of
Parliament’s Standing Orders Committee on fast-track procedures have been overall
respected notwithstanding an increase in legislative activity in 2021. The civil society space
remains open and the framework for public participation remains robust.
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R
ECOMMENDATIONS
It is recommended to Denmark to:
•
Ensure adequate human and financial resources for the justice system in the next
multiannual framework, taking into account European standards on resources for the
justice system.
Adopt new legislation on political party financing that will address the issue of multiple
and anonymous donations and introduce sanctions for breaching the rules on the political
parties framework.
Introduce rules on ‘revolving doors’ for ministers and on lobbying, and ensure adequate
control of asset declarations submitted by persons entrusted with top executive functions.
Continue the process geared at reforming the Access to Public Administrative Documents
Act in order to strengthen the right to access documents, in particular by limiting the
grounds for rejection of disclosure requests, taking into account the European standards
on access to official documents.
•
•
•
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I.
J
USTICE
S
YSTEM
The Danish justice system consists of 24 district courts, two high courts (courts of appeal)
and a Supreme Court, as well as two specialised courts
1
. The independent National Court
Administration is in charge of the administration and development of the courts, which
includes allocation of courts’ budgets and management of buildings and systems related to
information and communications technology. The independent Judicial Appointments
Council
2
makes non-binding proposals for the appointment of judges to the Ministry of
Justice, who then proposes them for formal appointment by the executive (the Queen)
3
. Only
one judge is proposed per vacancy by the Appointments Council. There have been no cases
where the executive did not follow the proposal of the Appointments Council
4
. Disciplinary
measures for judges can be issued by Court Presidents or the Special Court of Indictment and
Revision
5
. The prosecution service is an autonomous institution acting under the supervision
of the Ministry of Justice and led by a Prosecutor General
6
. The Bar and Law Society is the
independent body governing the legal profession and ensuring its independence
7
.
Independence
The level of perceived judicial independence in Denmark continues to be very high both
among the general public and companies.
Overall, 84% of the general population and 87%
of companies perceived the level of independence of courts and judges to be ‘fairly or very
good’ in 2022
8
. According to data in the 2022 EU Justice Scoreboard, the level remains
consistently very high for both the general public and companies since 2016. Both figures
have increased in comparison to 2021 (75% for the general public and 83% for companies).
However, the level of perceived judicial independence among the general public is slightly
lower in comparison with 2016 (88%).
1
2
3
4
5
6
7
8
The Maritime and Commercial Court and the Land Registration Court. CEPEJ (2021), Study on the
functioning of the judicial systems in the EU Member States.
Members are appointed by the Minister of Justice and consist of one Supreme Court and one High Court
judge proposed by the respective courts, one District Court judge proposed by the Danish Association of
Judges, one lawyer proposed by the Bar and Law Society and two representatives of the general public
proposed by Local Government Denmark and the Danish Adult Education Association.
With the exception of the President of the Supreme Court, who is selected and appointed directly by the
Supreme Court according to an internal procedure. In addition, as regards members of the Supreme Court,
the law sets out a special procedure under which the candidate chosen by the appointments board is vetted by
judges of the Supreme Court before the appointment is confirmed.
For transparency, the Judicial Appointments Council issues a press release when making their proposal.
2020 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 2.
The Prosecutor General is appointed by the executive (formally the Queen) on recommendation of the
Minister of Justice following approval of the Governments’ Recruitment Board and can be dismissed on a
motivated recommendation of the Minister of Justice (in the latter case the recommendation is submitted
directly to the Queen). The Minister of Justice can issue instructions to prosecutors in individual cases, with
a number of safeguards applicable (2020 Rule of Law Report, Country Chapter on the rule of law of
situation in Denmark, p. 3).
Administration of Justice Act, Chapter 15.
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
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Quality
Gaps in the digitalisation of the judiciary remain, notably related to digital solutions to
initate and follow administrative and criminal proceedings.
The shortcomings as regards
digitalisation identified in the 2020 and 2021 Rule of Law Reports
9
have remained largely
unchanged. While digital communication tools for courts and the prosecution service are in
place
10
, procedural rules for digital tools are only partly in place for civil, administrative and
criminal proceedings
11
and digital solutions to initate and follow administrative and criminal
proceedings remain very limited
12
. While gaps still remain on arrangements for machine-
readability of judgments
13
, the introduction of an online database for judgments by the
National Court Administration as of 6 January 2022 is an improvement
14
. In addition, the
National Courts Administration has received funding for a project to develop a new IT
system for processing criminal and probate cases
15
. Nevertheless, the COVID-19 pandemic
has accentuated the existing gaps concerning the digitalisation of justice, which remains a
challenge.
The resource situation and the low number of judges remains a challenge.
The
expenditure on the justice system as a percentage of GDP remains very low in Denmark (at
0.17% of GDP)
16
as does the number of judges per 100 000 inhabitants (at 6.6 per 100 000
inhabitants)
17
, which presents a long-term challenge
18
. The budgetary resources allocated to
the Danish courts in the annual budget for 2022 are approximately EUR 257.02 million
(DKK 1 911.5 million), which remains stable compared to 2021
19
. In spite of some efficiency
gains in 2020
20
, the Danish courts have experienced an increase of pending cases and case
processing times in the past years, notably on civil and criminal cases
21
, which, in spite of
9
10
11
12
13
14
15
16
17
18
19
20
21
2020 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 4.
Figures 44-45, 2022 EU Justice Scoreboard.
Figure 42, 2022 EU Justice Scoreboard.
Figures 46-47, 2022 EU Justice Scoreboard.
Figure 49, 2021 EU Justice Scoreboard.
The database presently contains a small number of recent judgments, but it will be gradually extended to
include more as new judgments are delivered, integration with the IT systems of the courts is improved and
new systems for digitising the decisions of the courts are implemented. The judgments are pseudonymised.
National Courts Administration (2022), Judgments database is open.
The budget for the project is approximately EUR 81.25 million (DKK 604.6 million). The objective of the
new IT system is to replace the outdated IT-systems used by the courts with a more user-friendly, effective
and future-proof solution. The project will be rolled out in six stages, whereby the first project stage will be a
probate portal that will support the registration of claims concerning the administration of the estate of the
deceased, to be rolled out in November 2022 and the last stage in 2026. The Danish district courts deal with
about 300 000 criminal and probate cases a year. National Courts Administration (2021), Digitisation of new
criminal and probate system under way.
Figure 35, 2022 EU Justice Scoreboard.
Figure 36, 2022 EU Justice Scoreboard.
2020 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 4 and 2021 Rule of
Law Report, Country Chapter on the rule of law situation in Denmark, p. 3.
In 2021, the total financial resources for the judiciary have increased to approximately EUR 259.59 million
(DKK 1 931.8 million) compared to approximately EUR 255.79 million (DKK 1 903.5 million) in 2020. In
2021, there were 2 078 full-time employees, including 685 judges and other legal advisers, and 1 202 office
staff (in 2020, the figures were 680 and 1 181 respectively). Input from Denmark for the 2022 Rule of Law
Report, p. 9-10 and written contribution from the Ministry of Justice in the context of the country visit.
As noted in the ‘Efficiency’ section below.
The COVID-19 pandemic is not the only reason for the increase in pending cases. The National Court
Administration estimates that the activity in criminal cases at the district courts would have been roughly at
the same level as in 2019 without the COVID-19 cancellations and other constraints on case management
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additional financial allocations in 2021 and 2022
22
, may require a long-term increase in
resources in order to address them, in particular for the creation of new posts for judges, as
already pointed out by stakeholders in the 2021 Rule of Law Report
23
. In this context, the
Danish Association of Judges has emphasised that a number of laws in the past years have
increased the burdens on courts and prolonged their disposition times, notably in criminal
cases, while no additional longer-term human or financial resources have been allocated to
the courts; this has led to an increase in caseload and length of procedures
24
. The multiannual
budgetary framework for the Danish courts for the period 2023-2026 is currently being
discussed. These discussions normally take place at an administrative level between the
National Courts Administration, the Ministry of Justice and the Ministry of Finance
25
. In a
departure from previously established practices, however, it has recently been suggested that
in light of the challenges faced these discussion should be brought up to the political level
and involve exchanges among parties in Parliament (Folketing)
26
. According to Council of
Europe recommendations, each State should allocate adequate resources, facilities and
equipment to the courts to enable them to function in accordance with the standards laid
down in Article 6 of the Convention for the Protection of Human Rights and Fundamental
Freedoms and to enable judges to work efficiently
27
.
A new law on court fees came into force which aims to make the fees more
understandable and to incentivise settlements.
On 1 October 2021, the new Court Fees Act
came into force
28
. It aims to simplify the rules on court fees
29
and to incentivise settlements,
by allowing the parties a longer period to reach a settlement, under which the plaintiff or
appelant can be reimbursed the court fees
30
. While the stakeholders generally welcomed the
22
23
24
25
26
27
28
29
30
due to the COVID-19 pandemic. In the last five years, district courts have received significantly more of the
serious criminal cases than in the previous five years; at the same time, cases have also become more
complex and time-consuming. National Court Administration (2022), Even longer processing times in 2021.
National Courts Administration (2022), Graph of average case processing time in selected criminal cases in
district courts 2012-2021. National Court Administration (2022), Key figures on case turnover and
processing times, pp. 4-5 and 10.
The Government allocated to Danish courts additional funding to tackle the caseload of criminal cases in
June 2021 (approximately EUR 3.36 million or DKK 25 million) and for 2022 (approximately EUR 6.39
million or DKK 47.5 million). National Courts Administration (2022), Annual report 2021 has been
published. In addition, the Government has allocated EUR 1.75 million (DKK 13 million) per year for the
period of 2021-23 to address the caseload impact of the COVID-19 pandemic; written contribution from the
Ministry of Justice in the context of the country visit.
See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 3.
The Danish Association of Judges has regularly referred to the issue of resources and impact on efficiency in
its replies on legislative proposals, see for example the statements in replies to public consultations on the
draft law on police activities or the draft law amending the Criminal Code, the Code of Criminal Procedure
and the Road Traffic Act (from 14 March 2022 and 21 September 2021, respectively). The Danish Bar and
Law Society has also regularly pointed out that there is a shortage of resources to handle cases and that as a
result waiting times have increased dramatically, commentary in Berlingske Tidende (2022), Commentary:
Long waiting times must not undermine confidence in the justice system (and republished by the Danish Bar
and Law Society.
Altinget (2022), ‘Parties to negotiate on court finances: “It is not a law of nature that the agreement must be
administrative’.
Ibid.
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, paragraph 33.
The Law on Court Fees, Law Nr. 425 of 16 March 2021.
A fee of approximately EUR 100 or 200 (DKK 750 or DKK 1 500) applies depending on the value of the
court case. Input from Denmark for the 2022 Rule of Law report, p. 8.
Written contribution from the Ministry of Justice in the context of the country visit.
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objective of the proposal, they considered it too early to assess its impact
31
. As noted in the
2021 Rule of Law Report, the Ministry of Justice set up a pre-legislative committee to review
the existing legal aid system in April 2020
32
. The work of the pre-legislative committee was
delayed due to the COVID-19 pandemic, but it resumed its work in September 2021 and is
expected to present its results by 31 August 2023
33
.
Efficiency
The justice system overall remains efficient, but the average case handling time for
district courts has increased in both civil and criminal cases in 2021.
The number of
incoming civil, commercial, administrative and other cases at first instance in 2020 remains
very high (47.5 cases per 100 000 inhabitants compared to 49.3 cases in 2019)
34
with
simultaneously one of the lowest number of judges per 100 000 inhabitants as compared to
other Member States
35
. While the clearance rate for civil, commercial, administrative and
other cases has remained stable (100.6% in 2019 compared to 100.8% in 2020), the rate for
litigious civil and commercial cases has improved markedly in 2020 (111.1%, up from 91.8%
in 2019)
36
and the estimated time to resolve litigious civil and commercial cases has slightly
decreased on average at all instances in 2020 compared to 2019 (from 222 to 190 days for
first instance cases)
37
. However, according to National Courts Administration’s data for 2021,
the average case handling time for district courts has increased in both civil and criminal
cases, and the pending criminal cases at the end of 2021 increased by 16% in spite of a
decrease of incoming criminal cases by 11%
38
.
The Government has adopted legislation to speed up the handling of criminal cases in
court, which touches upon the right to choose a lawyer freely.
The Government is
undertaking efforts to improve the efficiency of the justice system in relation to the
processing of criminal cases, considering that processing times for criminal cases is seeing an
increasing trend
39
. Since 2018, the Act on Administration of Justice includes a rule that, in
criminal cases related to certain types of offences, defendants cannot choose a certain
attorney, if their request of attorney will result in a delay of the proceedings; this rule has
been overall expanded to cases related to additional types of criminal offences (dangerous
crimes committed against another individual) with an amendment from December 2021
40
.
According to the Government, this is applicable in cases where the criminal proceedings
foreseen by law would be delayed by more than two or three weeks; the refusal can be
31
32
33
34
35
36
37
38
39
40
Information received from the National Courts Administration and the Danish Bar and Law Society in the
context of the country visit.
2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 3.
Information received from the Ministry of Justice in the context of the country visit to Denmark.
Figure 3, 2022 EU Justice Scoreboard. This category includes all civil and commercial litigious and non-
litigious cases, non-litigious land and business registry cases, other registry cases, other non-litigious cases,
administrative law cases and other non-criminal cases.
Figure 36, 2022 EU Justice Scoreboard.
Figures 11 and 12, 2022 EU Justice Scoreboard.
Figure 7, 2022 EU Justice Scoreboard. No separate data on administrative cases is available.
National Court Administration (2022), Key figures on case turnover and processing times, p. 2.
National Court Administration (2022), Even longer processing times in 2021, National Courts
Administration (2022), Graph of average case processing time in selected criminal cases in district courts
2012-2021, and information received from the National Court Administration during the country visit.
While some types of criminal offences are no longer covered by that provision, a number of criminal
offences have been added since December 2021. Written contribution from the Ministry of Justice in the
context of the country visit.
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appealed to the Special Court of Indictment and Revision
41
. Some stakeholders
42
have
expressed caution about a possible impact on the defendants’ rights to freely choose an
attorney
43
. In addition, to streamline the processing of criminal cases, the Government also
tabled a proposal in Parliament in April 2022
44
. Some stakeholders have expressed criticism
on some elements of the law, such as the possibility for the police under certain conditions to
have access to information of the whereabouts of a suspect or another person without a court
order
45
. The prioritisation of certain criminal cases
46
in Danish courts is to the detriment of
other cases, including civil cases
47
.
II.
A
NTI
-C
ORRUPTION
F
RAMEWORK
The Danish anti-corruption system is to a large extent based on general rules on ethics and
integrity as well as social norms and public scrutiny. Various authorities are involved in
preventing corruption, promoting good administrative practice and compliance with the legal
framework. This includes amongst others the National Audit Office. The Employee and
Competence Agency and the Prime Minister’s Office have responsibilities with regard to the
promotion of integrity among civil servants and ministers. The Ministry of Justice ensures
41
42
43
44
45
46
47
The defendant can appeal the court’s decision to deny the requested attorney to the Special Court of
Indictment and Revision within a week after the decision. Written contribution from the Ministry of Justice
in the context of the country visit.
In the public consultation on the proposal, the Danish Bar and Law Society has noted that a free choice of
attorney is one of several pillars of confidence in the process that can lead to serious sanctions and that this
must be borne in mind when limiting the choice of defence. Danish Bar and Law Society (2021), Response
to the consultation on draft law amending the Criminal Code, the Code of Criminal Procedure and the Road
Traffic Act. The Danish Human Rights Institute referred to its consultation response to the 2018 amendment
that introduced this rule, in which it expressed the view that the starting point should be that the defendant
has the right to choose their attorney and that refusal on the grounds of speeding up the criminal proceedings
should be exceptional. Danish Institute for Human Rights (2021), Response to public consultation on draft
law amending the Criminal Code, the Code of Criminal Procedure and the Road Traffic Act. The Danish
Association of Judges considered that the amendment in practice maintains a status quo and reflects a change
in priority of cases to be dealt with first and does not give rise to problems in practice. Written information
received from the Danish Association of Judges in the context of the country visit to Denmark.
According to Article 6§ 3(c) of the Convention for the Protection of Human Rights and Fundamental
Freedoms everyone charged with a criminal offence has the minimum right to defend himself in person or
through legal assistance of his own choosing. The European Court of Human Rights has held that this right
cannot be considered to be absolute and, consequently the national courts may override that person's choice
when there are relevant and sufficient grounds for holding that this is necessary in the interests of justice.
The existence of such grounds has to be assessed in light of the particular circumstances of each case.
Judgment of the European Court of Human Rights of 20 October 2015,
Dvorski v. Croatia,
25703/11,
paragraphs 79-82 and the case-law cited therein.
Proposal L 182: Proposal for an Act amending the Penal Code, the Code of Judicial Procedure and various
other laws (Streamlining the criminal case chain and the tribunal process, etc. in the Juvenile Delinquency
Board, increased access to disclosure and recording of photos, improving police opportunities for
investigation, etc.) (L
182: Forslag til lov om ændring af straffeloven, retsplejeloven og forskellige andre
love (Effektivisering af straffesagskæden og nævnsprocessen m.v. i Ungdomskriminalitetsnævnet, øget
adgang til videregivelse og optagelse af fotos, forbedring af politiets muligheder for efterforskning m.v.))
and written contribution from the Ministry of Justice in the context of the country visit.
See notably the responses to the public consultation on the draft law amending the Penal Code, the Code of
Judicial Procedure and various other laws by the Danish Association of Judges (2022) and the Danish
Institute of Human Rights (2022), p. 16-18.
The so-called VVV-cases related to violence, weapons and rape have a priority in the judicial system and
need to be dealt with within 30 days.
See opinion shared by the Danish Bar and Law Society in Berlingske Tidende (2022), Commentary: Long
waiting times must not undermine confidence in the justice system.
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cooperation between national authorities in elaborating anti-corruption measures
48
. As of 1
January 2022, the State Prosecutor for Serious Economic and International Crime (SØIK)
was replaced by two entities: the National Special Crime Unit (SCU) and the State Prosecutor
for Special Crime (SPSCU). Denmark does not have a dedicated anti-corruption strategy nor
a specialised agency dealing with corruption issues.
The perception among experts and the business community is that Denmark is one of
the least corrupt countries in the world.
In the 2021 Corruption Perceptions Index by
Transparency International, Denmark scores 88/100 and ranks first in the European Union
and globally
49
. This perception has been stable over the past five years
50
. The 2022 Special
Eurobarometer on Corruption shows that 16% of respondents consider corruption widespread
in their country (EU average 68%) and 5% of respondents feel personally affected by
corruption in their daily lives (EU average 24%)
51
. As regards businesses, 18% of companies
consider that corruption is widespread (EU average 63%) and 7% consider that that
corruption is a problem when doing business (EU average 34%)
52
. Furthermore, 28% of
respondents find that there are enough successful prosecutions to deter people from corrupt
practices (EU average 34%)
53
, while 50% of companies believe that people and businesses
caught for bribing a senior official are appropriately punished (EU average 29%)
54
.
A reform to set up a new national investigative unit responsible for serious crimes,
including complex corruption-related cases, has been implemented.
The National Special
Crime Unit (SCU) as well as the State Prosecutor for Special Crime Unit
55
(SPSCU) replaced
as of 1 January 2022 the State Prosecutor for Serious Economic and International Crime
(SØIK)
56
. As a result, SCU has both investigative and prosecution competences and SPSCU,
among others, supervises SCU’s complex criminal proceedings, and conducts legality control
and appeals before the high courts. Their main focus remains the same as that of their
48
49
50
51
52
53
54
55
56
While the Ministry of Justice has set up an anti-corruption forum for internal coordination, it has not met
since 2015 and coordination is carried out through ad-hoc written consultations. Written contribution from
the Ministry of Justice in the context of the country visit.
Transparency International (2022), Corruption Perceptions Index 2021, pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between
59-50), high (scores below 50).
In 2017 the score was 88, while, in 2021, the score is 88. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last five years.
Special Eurobarometer 523 (2022). The Eurobarometer data on citizens’ corruption perception and
experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020).
Flash Eurobarometer 507 (2022). The Eurobarometer data on business attitudes towards corruption as is
updated every second year. The previous data set is the Flash Eurobarometer 482 (2019).
Special Eurobarometer 523 (2022).
Flash Eurobarometer 507 (2022).
Danish Government (2020), Reflection Paper for an Agreement on the finances of the Police and
Prosecutor’s Office 2021-2024 Ministry of Justice, pp. 17-21; Information received by the Prosecution
Service in the context of the country visit to Denmark.
Law 2601 of 28 December 2021. As noted in the Rule of Law Report 2021, the objective of the reform was
to bring under the same roof investigators and prosecutors, who will be better able to follow serious crime
cases all the way from district level to appeal, with the aim of ensuring a more efficient and coordinated
approach regarding serious crime, including complex cases of corruption. 2021 Rule of Law Report, Country
Chapter on the rule of law situation in Denmark, p. 6.
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predecessor institution, namely serious crime cases, including complex corruption-related
cases
57
.
Complex cases involving bribery are addressed effectively while more general reporting
of corruption cases is lacking.
The Danish authorities consider that the existing anti-
corruption system based mainly on general rules on ethics and integrity, social norms and
public scrutiny works well and does not require a dedicated anti-corruption strategy
58
. In
2021, the investigation and prosecution for those cases that was carried out by the State
Prosecutor for Serious Economic and International Crime (SØIK)
59
were limited to bribery
cases. Authorities continue to report that resources available and training for officials are
adequate to fulfil the tasks assigned to them
60
. At the same time, the overall number of
investigations and the enforcement of corruption-related cases are difficult to measure within
the current system of processing data (case-handling system)
61
.
There are no plans to address the outstanding shortcomings related to the integrity
framework for ministers and top executive functions.
As reported in the 2021 Rule of Law
Report
62
, public servants
63
are subject to a Code of Conduct in the Public Sector
64
, which
refers to the criminal law provisions and obligations under the Public Administration Act
65
.
As regards ministers
66
and top executives, there are currently no plans
67
to address the issue
previously highlighted by GRECO, namely that declarations on assets submitted by persons
entrusted with top executive functions need to be subject to substantive control
68
. According
to the Danish authorities the system works well and further strengthening of the rules in
57
58
59
60
61
62
63
64
65
66
67
68
Written contribution from the Employee and Competence Agency in the context of the country visit.
Information received from the Ministry of Justice in the context of the country visit.
There were six judgments passed in 2021 (compared to 18 in 2020) based on the Criminal Code section 122
(active bribery), two judgments passed in 2021 (compared to 14 in 2020) based on Criminal Code section
144 (passive bribery), five judgments passed in 2021 (compared to one in 2020) based on the Criminal Code
section 299 (private sector bribery).
Information received from the Ministry of Justice in the context of the country visit to Denmark.
According to the Danish authorities, the existing IT system consists of a case-handling system which does
not process nor identify statistics on corruption-related cases. Nevertheless, the Danish authorities were able
to provide the statistics related to bribery under sections 122 and 144 of the Danish Criminal Code, as in
footnote 59 above.
2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 6-7.
Public Servants in Denmark include special advisers and top-level civil servants. 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Denmark, p. 6.
Agency for modernisation (2017), Code of conduct in the public sector; 2020 Rule of Law Report, Country
Chapter on the rule of law situation in Denmark, p. 6.
Public Administration Act, Chapter 2, Sections 3-6. For the areas not covered by the public administration
act, a general fundamental legal principle of impartiality applies; Agency for modernisation (2017), Code of
conduct in the public sector; GRECO Fifth Evaluation Round – Evaluation Report, p. 15.
New ministers are given a ministerial handbook which is updated regularly and contains the main applicable
rules and guidelines on integrity-related matters regarding governmental work including rules on secondary
employment, gifts and other benefits and conflicts of interests. 2020 Rule of Law Report, Country Chapter
on the rule of law situation in Denmark, p. 6. However, ministers have legal and political responsibility
towards Parliament including duties on truthfulness, confidentiality, disqualification or conflicts of interest.
The disregard of these rules can be sanctioned in some instances as stated in Section 5 of the Ministerial
Accountability Act of 1964. Application of this provision is very rare. 2021 Rule of Law report, Country
Chapter on the rule of law situation in Denmark, p. 7.
Information received from the Ministry of Justice in the context of the country visit to Denmark.
GRECO Fifth Evaluation Round – Compliance Report, recommendation vii, pp. 9-10.
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question is not necessary
69
. Overall, due to the lack of a monitoring and verification
mechanism, the efficacy of the mentioned rules is difficult to evaluate. There are no plans
either to address the GRECO recommendations
70
on the lack of binding rules on asset
declarations, and the exclusion of special advisers
71
. Moreover, the authorities report no plans
either to adopt legislation establishing a ‘revolving doors’ policy for ministers
72
despite
GRECO’s views that the current framework poses integrity risks
73
and despite a public
debate on this issue
74
.
There are no plans to regulate contacts between decision-makers and lobbyists.
As
already noted in the 2020 Rule of Law Report, interest representatives have no duty to report
on their activities
75
. There are currently no plans to adopt rules on lobbying as the authorities
do not consider strengthening of the rules necessary
76
. According to GRECO, introduction of
rules and guidance on lobbying is recommended with regard to contacts between persons
entrusted with top executive functions and lobbyists. Overall, GRECO also underlined the
need to increase the transparency of contacts and subject matters concerning lobbying of
persons entrusted with top executive functions
77
.
Additional measures on political party financing were announced by the Government,
though no concrete roadmap for their adoption is foreseen.
Due to the current debate
78
on
the shortcomings in the rules on transparency of political party financing
79
, criminal law
measures are planned to address situations of several donations below the threshold
(approximately EUR 3 000 in 2022), which add up to a sum above the threshold, or through
different companies owned fully or partially by the same person, which partly addresses
international recommendations
80
. It is not clear at this stage if the new law would also address
69
70
71
72
73
74
75
76
77
78
79
80
The declarations of ministers are published on the website of the Prime Minister’s Office and thereby subject
to scrutiny by Parliament, the press and the public at large, and ministers bear political responsibility for this
information, as mentioned above, see GRECO Fifth Evaluation Round – Compliance Report, pp. 9-10.
GRECO recommends (i) enshrining in regulation or legislation an obligation for members of the government
to publicly declare their assets, income and financial interests; (ii) that quantitative data on income as well as
data on assets and significant liabilities is included in the financial declarations; and (iii) that it be considered
to oblige special advisers to declare their financial interests publicly on a regular basis as well. GRECO Fifth
Evaluation Round – Compliance Report, pp. 8-9.
Information received from the Ministry of Justice in the context of the country visit to Denmark. Denmark
considers that the non-binding nature and the lack of quantitative data strikes a fair balance between
transparency and the privacy of the ministers, and that special advisers have a duty to report potential
conflicts of interest to the permanent secretary of their ministry or their manager, see GRECO Fifth
Evaluation Round – Compliance Report, recommendation viii, pp. 9-10.
Written contribution from the Employee and Competence Agency in the context of the country visit.
GRECO Fifth Evaluation Round – Evaluation Report, p. 8.
Altinget (2022), Hækkerup's shift calls for democratic self-examination, Altinget (2022), Hækkerup's exit
reignites debate over conflict of interest: Here are the top politicians who took the revolving door before
him, TV 2 (2022), That's why former ministers are so attractive to business.
2020 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 7-8.
Information received from the Employee and Competence Agency in the context of the country visit to
Denmark.
GRECO Fifth Evaluation Round on Denmark – Compliance Report, pp. 7-8.
Politiken (2021), Broad majority in parliament wants to tighten rules and ban Britt Bager-finten.
2020 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 8; Politiken (2022),
The Liberal Party kept recipients of party support secret: ‘If the rest of us filled out forms from Tax or other
authorities in the same way, we would not get away with it’.
Written contribution from the Ministry of Justice in the context of the country visit.
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other outstanding issues such as anonymous donations to political parties and the introduction
of sanctions for breaching the rules that are considered a concern by GRECO
81
.
New legislation was adopted to strengthen the protection of whistleblowers and new
reporting channels were created.
The Danish Whistleblower Act was adopted by the
Parliament on 24 June 2021
82
and entered into force on 17 December 2021, aiming to
transpose the EU Whistleblowers Directive
83
. The Act covers serious breaches of legislation,
including both national and EU law. A general external reporting channel in the Danish Data
Protection Agency has been established
84
. Since 17 December 2021, the Agency received 45
reports on whistleblowing
85
. Additional funds were granted to the Agency to ensure its
capacity to operate this channel
86
. Moreover, two special external reporting channels for the
Danish Security and Intelligence Service and the Danish Defence Intelligence Service have
been established
87
. The establishment of the special external reporting channels does not
affect the whistleblower’s right to use the general external reporting channel established in
the Danish Data Protection Agency, however, whistleblowers from the services are
encouraged to use the external channels established in the ministries
88
. To ensure correct
implementation, the Danish Ministry of Justice has published guidance notes for private and
public organisations and whistleblowers
89
.
No specific monitoring for the impact of the COVID-19 pandemic on the measures such
as in the area of public procurement has been put in place.
The impact of the new
provision added to the Criminal Code in April 2020, doubling the penalty for a number of
crimes related to measures adopted as a response to the COVID-19 pandemic
90
, has not yet
been assessed. In parallel, the necessity for a close monitoring of rules, in particular related to
public procurement implemented during the COVID-19 pandemic, was the object of public
debate
91
. The National Special Crime Unit received more than 450 cases of suspected fraud
with regard to measures adopted as a response to the pandemic
92
. In parallel, the National
Audit Office is currently conducting audits regarding implementation of measures
implemented in 2021 and as a follow-up to the audits carried out in 2020
93
.
81
82
83
84
85
86
87
88
89
90
91
92
93
GRECO Third Evaluation Round – Addendum to the second compliance report on Denmark.
Law Nr 1436 from 29 June 2021 on the protection of whistleblowers.
Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the
protection of persons who report breaches of Union law.
Website of the whistleblower channel in the Danish Data Protection Agency available in English,
https://whistleblower.dk/english.
Information received from the Ministry of Justice in the context of the country visit to Denmark;
Datatilsynet (2022), Whistle-blowing at half a year.
Input from Denmark for the 2022 Rule of Law Report, p. 14.
This is done in order to ensure correct handling of reports concerning the intelligence services, which is
likely to include confidential information. The two channels are placed in the Ministry of Justice and the
Ministry of Defence respectively.
Written contribution from the Ministry of Justice in the context of the country visit.
Ministry of Justice (2021), Whistleblowing.
See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 9.
Stakeholders such as the Danish Association of Judges have criticized this as it removes discretion for
judges to consider individual circumstances of a case.
Politiken (2022), 'It's completely, completely wrong what's going on': 2 billion taxpayer kroner worth of
rapid tests bought without a tender.
Written contribution from the Danish Police in the context of the country visit.
Information received from the National Audit Office in the context of the country visit to Denmark.
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III.
M
EDIA
P
LURALISM AND MEDIA FREEDOM
The Constitution provides the overall framework for the protection of the freedom of
expression. The tasks, organisational structure and rules of procedure of the national media
regulatory authority, the Danish Radio and Television Board, are prescribed in law
94
.
Secondary legislation also provides safeguards for the independence of the public service
broadcasters
95
. There are no specific laws pertaining to transparency of media ownership,
allocation of state advertising, editorial independence or ownership of media companies.
Access to documents is regulated in the Access to Public Administrative Documents Act of
2014. The Audiovisual Media Services Directive
96
has been transposed
97
.
The existing media self-regulatory system is being assessed in view of possible future
updates.
In May 2022, the Government announced the new political Media Agreement for
2022-2025 consisting of different policy initiatives
98
. One of the initiatives concerns
examining the future role of the Danish Press Council and a possible creation of a new media
ombudsperson to support it. The ombudsperson could be based on the Swedish model and
could investigate cases on its own initiative and contribute to good journalistic practice
through opinion-forming, media ethics debates and initiatives. The Media Agreement states
an intention to establish a committee with representation from the media industry, experts and
others to make recommendations in this regard with a view to subsequent political
discussions
99
. Should the post of the ombudsperson be created, stakeholders have submitted
that it will be important that the ombudsperson is appointed by the media industry and not by
the Government in order to safeguard the editorial independence of the media
100
.
Editorial independence has traditionally a strong culture.
According to the Danish Media
Liability Act, all news media – broadcast, print and online press – must have one responsible
editor empowered to make a final decision regarding the relevant content
101
. There are no
specific legal safeguards regarding editorial independence
102
. In practice, this is not being
perceived as generating any major issues
103
and the self-regulating body has so far been
successful at securing editorial autonomy of the Danish news media
104
, although the MPM
2022 gives some examples of parliamentary parties exerting influence
105
. The fact that most
94
95
96
97
98
99
100
101
102
103
104
105
The Radio and Television Broadcasting Act, Executive Order on the Radio and Television Board and the
Danish Public Administration Act.
The Radio and Television Broadcasting Act, Ordinance of the Radio and Television Broadcasting Act, Act
Amending the Act on Radio and Television Broadcasting Act.
Complete transposition of Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination of
certain provisions laid down by law, regulation or administrative action in Member States concerning the
provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market
realities was notified to the Commission on 18 September 2020.
Denmark ranks 2nd in the 2022 Reporters without Borders World Press Freedom Index compared to 4th in
the previous year.
Ministry of Culture (2022), Media Agreement for 2022-2025.
Ibid, p. 13.
Information received from the Danish Union of Journalists in the context of the country visit to Denmark;
Journalisten (2022), Government proposals have raised concerns - but in Sweden the state has no power over
the media ombudsman.
The Media Liability Act – Consolidating Act 2018-12-27 no. 1719, sections 3 and 5.
2022 Media Pluralism Monitor, country report for Denmark, pp. 8-9, 16 and 28.
Information received from the Danish Media Association, the Danish Union of Journalists and the Danish
Press Council in the context of the country visit to Denmark.
2022 Media Pluralism Monitor, country report for Denmark, p. 17.
2022 Media Pluralism Monitor, country report for Denmark, pp. 16-17.
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newspapers in Denmark are foundation-owned can serve as a safeguard against commercial
pressure exerted by owners
106
. The Media Agreement sets out an intention to study
possibilities to update the current framework for media responsibility to fit the digital media
reality, including responsibilities of influencers over the content that they upload online
107
.
The independence of public service media is prescribed by law.
In Denmark, there are two
public service broadcasters, Danmarks Radio (DR) and the regional broadcaster TV 2.
According to the Radio and Television Broadcasting Act and further regulation in connection
with the Act, Danish public service media are organised as independent media undertakings
and the State cannot interfere with their programme services or administrative and financial
management
108
. Members of, or candidates for, the Parliament, the Regional Council, the
European Parliament or municipal councils may not be members of their respective top
managerial and supervisory boards
109
. The relationship between public service media and the
Government is also guided by an arm’s length principle, which means that neither politicians
nor the Ministry of Culture should interfere in the decisions of the public service media once
the general rules have been laid down, or act as arbiters of taste
110
. The principle is aimed at
preventing the political level from interfering in editorial discussions and day-to-day
practices
111
and is deemed to result in a low-risk score for the independence of public service
media governance and funding
112
. Indeed, the Danish public service media do not report any
issues with their independence but identify digital transformation and big tech companies
occasionally removing from their digital distribution services public service media content
without proper explanation as a source of challenges
113
. DR and TV 2 are both supervised by
the Radio and Television Board, which issues regular opinions on statements by broadcasters
concerning the performance of public service contracts and licences to provide public service
programming
114
. The Media Agreement for 2022-2025 foresees financial strengthening of
DR in the coming years
115
.
A possible revision of the Access to Public Administrative Documents Act continues to
be debated.
As noted in the 2020 and 2021 Rule of Law Reports
116
, the Access to Public
Administrative Documents Act, which provides the rules for all public administration bodies
and Ministries on public access to information and documents, continues to be subject to
certain restrictions limiting public and journalistic access to specific governmental files, in
particular internal working documents of authorities and documents, which are being
106
107
108
109
110
111
112
113
114
115
116
Blach-Ørsten, M., Burkal, R., Mayerhöffer, E., & Willig, I. (2021), Denmark: High media independence and
informal democratic traditions in the newsroom. In J. Trappel, & T. Tomaz (Eds.), The Media for
Democracy Monitor 2021: How leading news media survive digital transformation (Vol. 2), p. 155.
Ministry of Culture (2022) Media Agreement for 2022-2025, p. 13.
Input from Denmark for the 2021 Rule of Law Report, p. 20.
Article 16(3)(4) and Article 36(2) of LBK Nr. 1350 of 0409/2020 Ordinance of the Radio and Television
Broadcasting Act.
Ministry of Culture (2012), Quadrennial periodic report on measures to protect and promote the diversity of
cultural expressions – Denmark, pp. 3-4; written contribution from the Radio and Television Board in the
context of the country visit.
Blach-Ørsten, M., Burkal, R., Mayerhöffer, E., & Willig, I. (2021), Denmark: High media independence and
informal democratic traditions in the newsroom. In J. Trappel, & T. Tomaz (Eds.), The Media for
Democracy Monitor 2021: How leading news media survive digital transformation (Vol. 2), p. 167.
2022 Media Pluralism Monitor, country report for Denmark, p. 16 and 18.
Written contribution from Danmarks Radio in the context of the country visit.
Article 39(1)(3) of LOV nr 2212 of 29/12/2020 Act Amending the Radio and Television Broadcasting Act.
Ministry of Culture (2022) Media Agreement for 2022-2025, p. 6.
2020 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 10; 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Denmark, p. 10.
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exchanged at a time when a minister needs the advice and counsel of his staff
117
. Negotiations
mandated by a Parliament resolution
118
are currently ongoing regarding a possible political
agreement to restrict the use of some of these exceptions under the Act, which can have the
effect of keeping the basis of some political agreements confidential
119
. No proposed solution
or timeline has been made public
120
. The Parliamentary Ombudsperson reports that access to
documents cases is one of the areas of complaints that are growing rapidly. In 2021, the
Ombudsman received 399 complaints related to access to documents, which was an increase
of more than 100 complaints compared to 2020
121
.
An action plan on safety of journalists has been launched and the Criminal Code was
amended to introduce more severe sentences for threats to freedom of expression.
In
June 2022, the Danish Union of Journalists, the Danish Media Association, International
Media Support, UNESCO Denmark, the Ministry of Justice and the Ministry of Culture,
published a national action plan on the safety of journalists
122
. The plan’s aim is to facilitate
journalists’ reporting of harassment and threats. Additionally, in December 2021, the Danish
Criminal Code was amended to make it an aggravating circumstance when a threat is aimed
at preventing the victim from making use of their freedom of speech
123
. The law helps
citizens to participate in public debate on social media and applies also to journalists. The
MPM 2022 considers that in Denmark, there is a very low risk to the protection of freedom of
expression, although risks online are more difficult to assess
124
and two incidents have been
reported regarding journalists’ ability to publish specific type of information. In December
2021, the Council of Europe’s Platform to promote the protection of journalism and safety of
journalists published one new alert for Denmark concerning meetings held between the
Danish intelligence services (PET and FE) and three Danish media companies in which the
intelligence services had warned against unlawful disclosure of classified information
following the arrest of four intelligence officers accused of leaking information
125
. The
Danish State has clarified that the action was justified in light of the Criminal Code
126
.
Danish media stakeholders also point to one strategic lawsuit against public participation
(SLAPP) case in Denmark whereby businesspersons sued a journalist and a daily newspaper
117
118
119
120
121
122
123
124
125
126
Sections 19 to 33 and Section 35 of the Access to Public Administrative Documents Act.
Danish Parliament (2021), Resolution on the convening of negotiations on the Danish Public Access Act;
2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 10.
According to Recommendation CM/Rec(2002)2 of the Committee of Ministers of the Council of Europe to
member states on access to official documents, Member States may limit the right of access to official
documents when set down precisely in law, necessary in a democratic society and proportionate to one of the
listed aims.
Information received from the Ministry of Justice, Danish Media Association, the Danish Union of
Journalists and the Danish Press Council in the context of the country visit to Denmark.
Parliamentary Ombudsman (2022), 2021 Annual Report, p. 6.
Danish Union of Journalists (2022) Action Plan on the Safety of Journalists.
Input from the Danish Government for the 2022 Rule of Law Report, p. 20; law Nr. 2601 of 28 December
2021, § 1(5).
2022 Media Pluralism Monitor, country report for Denmark, p. 10; There are no reports of journalists being
killed, assaulted or arbitrarily arrested.
Council of Europe, Platform to promote the protection of journalism and safety of journalists, Denmark;
flagged also in the Contribution from the Danish Human Rights Institute via ENNHRI for the 2022 Rule of
Law Report.
Council of Europe, Platform to promote the protection of journalism and safety of journalists, Denmark,
Reply from the Danish authorities (21 March 2022).
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for a number of critical articles but later dropped the case
127
. As part of the public discussion
around the case, the Chairman of the Danish Bar Council wrote a statement, stressing the
need for independent media and asking lawyers to look out for SLAPP cases and consider
carefully whether to go to court against journalists and media
128
.
IV.
O
THER
I
NSTITUTIONAL
I
SSUES RELATED TO
C
HECKS AND
B
ALANCES
Denmark has a unicameral, parliamentary system of government, in which both the
Government and members of Parliament can propose legislation, although draft bills are in
general presented by the Government. In the absence of a constitutional court, ex-post
constitutionality review can be carried out by all courts in concrete cases
129
. The
Parliamentary Ombudsperson provides oversight on decisions by public authorities and the
Danish Institute for Human Rights monitors the respect of fundamental rights.
The guidelines of Parliament’s Standing Orders Committee on fast-track procedures
have been overall respected notwithstanding an increase in legislative activity in 2021.
In 2021, Parliament experienced a significant increase in legislative activity
130
. This was
following an agreement between Parliament and Government in 2020 to limit the number of
legislative proposals and motions due to the COVID-19 pandemic
131
. As noted in the 2021
Rule of Law Report, a report by the Standing Orders Committee from March 2021
132
proposed a number of guidelines for the use of fast-track proceedings
133
. It also highlights the
importance of submitting all proposals, including urgent ones, to a public consultation. After
a period in 2020-2021 with a stronger use of fast-track proceedings, the proportion of fast-
track proceedings is slowly diminishing
134
. Since the adoption of the Standing Orders
Committee report in March 2021, 27 legislative drafts were presented and adopted by
Parliament under the fast-track proceedings, which were overall complying with the formal
127
128
129
130
131
132
133
134
Journalisten (2022), Plaintiffs dropped million-kroner case against Jonas; Information received from the
Danish Press Council, the Danish Media Association and the Danish Union of Journalists in the context of
the country visit to Denmark.
Danish Bar and Law Society (2022), Bar Council says: Lawyers must watch out for SLAPP cases.
This happens rarely and there has only been one case in which the Supreme Court decided to disapply a law
for being incompatible with the Constitution that is the 1999, Tvind case, U 1999.841 H.
For the period October 2020 – October 2021, 259 proposals were submitted to Parliament, the highest
number in the past ten years. Input from Denmark for the 2022 Rule of Law Report, p. 22 and written
contribution from the Danish Parliament Standing Orders Committee in the context of the country visit.
Information received from the Danish Parliament Standing Orders Committee during the country visit.
Standing Orders Committee (2021), Report concerning urgent consideration of government draft laws.
The draft legislation should contain a sunset clause, leading to an act ceasing to apply, unless Parliament
before that date has adopted a revision of the relevant provision. Nevertheless, there are exemptions to the
use of the sunset clause, for example it is not necessary where the effect of the legislation according to its
content is limited or specific well-founded circumstances require an absence of a sunset clause. Furthermore,
if there has been no consultation due to extraordinary circumstances, Parliament needs to be provided with
an explanation of the relevant circumstances. Written contribution from the Ministry of Justice in the context
of the country visit.
The sessional year of the Parliament runs from the first Tuesday of October until the first Tuesday of
October the following year. In this context, it is also worth noting that the periods October 2019 – October
2020 and October 2020 – October 2021 were marked by an increase in laws adopted in an expedited
procedure, i.e. within 30 days after their proposal, in particular due to the COVID-19-crisis (22% and 14%,
respectively). For the period October 2021 – 7 April 2022, the proportion of expedited procedures (5%)
appears to be reverting toward the usual proportion (between 3% and 5% between 2012 and 2019). Input
from Denmark for the 2022 Rule of Law Report, p. 22 and written contribution from the Ministry of Justice
in the context of the country visit.
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requirements of the guidelines
135
. While the general framework for stakeholder consultation
is considered to be robust
136
, some stakeholders have continued to refer to shortened
consultation periods which can limit the ability to participate for civil society organisations
with fewer resources
137
.
A Government report on the use of the new Epidemic Act was subject to a public
consultation.
As noted in the 2021 Rule of Law Report, a new Epidemic Act was passed on
23 February 2021 providing for a greater involvement of the Parliament when handling
COVID-19 and other future epidemics
138
. Under this Act, before the Government issues an
executive order on areas enabled in the Epidemic Act, it must be presented to the
Parliamentary Committee of Epidemics
139
. In cases of immediate danger or threats to public
health, the consultation of that Committee can be postponed until after the executive order
has been issued, but the consultation must take place at the earliest possible date thereafter
140
.
This derogation has not been used
141
. In October 2021, the Government sent a report on the
use of the new Epidemic Act to Parliament
142
. The report touches upon the experiences of the
public authorities in applying the law, such as the impact of the limitation of executive orders
to four weeks or the experience in applying the rules on automatic local closures.
Subsequently, in February 2022, the Government submitted to Parliament the responses to
the report received in the public consultation; the stakeholders have welcomed the review,
while among other commenting on the composition on the Epidemics Commission or their
experiences on public consultations
143
. The Minister of Health has discussed the report and
the responses from the public consultation with parties in the Parliament, and is expected to
prepare a change relating to the rules of procedure for the Epidemics Commission, which will
be subject to a public consultation
144
. The Parliamentary Ombudsman has received about 100
complaints on Government measures related to the COVID-19 pandemic
145
. The Supreme
Court did not review any cases challenging Government measures adopted in response to the
COVID-19 pandemic
146
.
The first example of the new commission of scrutiny procedure examined the decision
on culling of mink and has submitted its report to a Parliament committee on 30 June
2022.
As noted in the 2021 Rule of Law Report, in April 2021, Parliament passed legislation
introducing a new system of commissions of scrutiny
147
, with commissions able to be
135
136
137
138
139
140
141
142
143
144
145
146
147
Written contribution from the Ministry of Justice in the context of the country visit.
2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 12.
Contribution from the European Civic Forum for the 2022 Rule of Law Report, p. 4
2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 12.
Section 9, first paragraph of the Epidemics Act, Law Nr. 285 of 27 February 2021.
If the committee objects, the Government must repeal the executive order. Section 9, second paragraph of
the Epidemics Act, Law Nr. 285 of 27 February 2021.
Input from Denmark for the 2022 Rule of Law report, p. 23.
Danish Ministry of Health (2021), Report to Parliament on the application of the Epidemics Act.
Danish Parliament (2022), Consultation summary and consultation response regarding the Ministry of
Health's statement on the application of the Epidemics Act, from the Minister of Health.
Input from Denmark for the 2022 Rule of Law report, p. 23 and information received from the Ministry of
Health in the context of the country visit.
The types of complaints concerned a variety of issues, such as access to information by journalists,
vaccination framework or whether vaccines should be offered to children. The Parliamentary Ombudsman
also carried out own-initiative investigations, for example how the COVID-19 pandemic restrictions were
being applied in prisons. Parliamentary Ombudsman (2022), Annual report 2021, p. 5 and information
received from the Parliamentary Ombudsman in the context of the country visit.
Information received from the Supreme Court in the context of the country visit.
Act amending the Act on Commissions of Inquiry and the Code of Judicial Procedure.
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established under the control of Parliament to carry out a more focused investigation on
specific matters within 12 months
148
. The first such commission was set up to examine the
Government’s actions related to the culling of minks, including whether there was a sufficient
legal basis for the decision
149
. The commission of scrutiny carried out a number of hearings,
which involved the Prime Minister and a number of members of Government
150
. Its mandate
was further expanded in November 2021
151
to include the outreach activities by the police
using so-called ‘action cards’. On 30 June 2022, the commission delivered its report to the
Parliament’s Scrutiny Committee
152
, which, on 5 July 2022, endorsed the commission’s
findings as regards the Prime Minister and a former minister
153
.
The Court of Impeachment has rendered an important ruling relating to the
accountability of a former minister.
The Court of Impeachment consists of up to 15
Supreme Court judges and the same number of members elected by the Parliament
154
.
According to the Ministerial Responsibility Act, ministers can be sanctioned if they
intentionally or through gross negligence fail to fulfil the duties incumbent on them under the
Constitution, legislation in general or pertaining to the nature of their office
155
. In December
2021, the Court of Impeachment sentenced a former minister
156
. Judgments by the Court of
Impeachment are very rare and since its establishment in 1849, there have been only six
impeachment proceedings (the previous one being in 1995)
157
.
The Parliamentary Ombudsman and the Danish Institute for Human Rights consider
that the authorities cooperate effectively with them and follow-up on their
recommendations.
The Parliamentary Ombudsman has sufficient resources to fulfil its
mission
158
, but the trend towards an increasing number of complaints may pose a challenge in
the future
159
. In terms of complaints received in 2021
160
, since the COVID-19 pandemic they
148
149
150
151
152
153
154
155
156
157
158
159
By contrast, the Government is responsible for commissions of inquiry. See also 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Denmark, p. 13.
The Mink Commission (2021), Terms of reference.
This has included the Minister of Finance, Minister of Justice and Minister of Health. The Mink
Commission (2022), Hearings.
The Mink Commission (2021), Terms of reference.
The Mink Commission (2022), The commission of scrutiny has delivered its report.
DR (2022), Mette Frederiksen gets a nose for her role in the mink case, TV 2 (2022), Mette Frederiksen
officially gets a nose.
The politically elected members are supposed to add their political experience to the assessment of cases
against ministers. They cannot be members of Parliament. In the case at hand, there were only 26 judges
because two Supreme Court judges had recused themselves and the number of politically elected members
was adjusted downwards accordingly. Danish Parliament (2022), Court of Impeachment and information
received from the Supreme Court during the country visit.
Article § 5, paragraph 1 of the Act on Ministerial Responsibility.
The former minister was found guilty to have, in the period from 10 February to 18 March 2016, initiated
and maintained a separated accommodation of asylum-seeking spouses and cohabiting couples, where at
least one party was under 18 years of age, in breach of Article 8 of the European Convention on Human
Rights and in breach of general principles of administrative law. Court of Impeachment, judgment of 13
December 2021, p. 143-144. Court of Impeachment (2021), The Court of Impeachment has ruled in the case
against former Minister Inger Støjberg.
Danish Parliament (2022), Court of Impeachment.
The Parliament allocated approximately EUR 12.5 million (DKK 93.3 million) in annual funding of the
Ombudsman institution in 2021. Input from Denmark for the 2022 Rule of Law report, p. 25.
According to the Ombudsman’s data for 2021, the institution handled a total of 5 587 cases of which about
14% led to led to an investigation (815 cases, of which 200 full investigations and 615 shortened
investigations). Out of the 200 full investigations, 78 have led to criticism or recommendations. In 2021, the
Parliamentary Ombudsman opened 5 643 cases, which is the second highest number in the history of this
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have more frequently concerned delays in the handling of administrative procedures. Own-
initiative investigations have particularly focused on the handling of family matters and
access to documents requests
161
. The Parliamentary Ombudsman did not experience any
obstruction or refusal to cooperate by public authorities and considers the Ombudsman’s
recommendations are being implemented
162
. The Danish Institute for Human Rights which is
the independent National Human Rights Institution accreddited with A-Status, reports that the
public authorities tend to take recommendations from the Institute into thorough
consideration
163
. The Institute considers to have sufficient resources
164
.
On 1 January 2022, Denmark had 3 leading judgments of the European Court of
Human Rights pending implementation
165
.
At that time, Denmark’s rate of leading
judgments from the past 10 years that remained pending was at 60% and the average time
that the judgments had been pending implementation was only 6 months
166
. The former is
explained by the fact that only 5 European Court of Human Rights judgments have been
delivered against Denmark in that period, 3 of which were made final in the last 2 years and
were pending implementation
167
. On 1 July 2022, the number of leading judgments pending
implementation remains at 3
168
.
The civic space in Denmark remains open with a robust framework for the involvement
of civil society organisations.
The civic space in Denmark continues to be considered as
open
169
with robust mechanisms for the involvement of civil society organisations
170
. In
November 2021, the Government parties agreed to distribute approximately EUR 115 million
(DKK 860.5 million) over the next four years, into the social, health and labor market sector,
which also includes a civil society strategy for the period 2022-2025 for the aforementioned
body and just below the record number 5 912 cases in 2020. Parliamentary Ombudsman (2022), Annual
report 2021, p. 8 and 72 and information received from the Parliamentary Ombudsman in the context of the
country visit.
Parliamentary Ombudsman (2022), Annual report 2021, p. 6-8.
In 2021, the Ombudsman opened an own initiative investigation into the time taken by the Family Court to
deal with cases on supervised access after judgment and temporary custody. The Ombudsman has also
monitored the authorities' processing times for replying to access to documents requests from journalists and
other individuals. Parliamentary Ombudsman (2022), Annual report 2021, p. 6.
Information received from the Parliamentary Ombudsman during the country visit.
Contribution from the Danish Human Rights Institute via ENNHRI for the 2022 Rule of Law Report, p. 2
and information received from the Danish Human Rights Institute in the context of the country visit.
Information received from the Danish Human Rights Institute in the context of the country visit.
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 38.
Judgment of the European Court of Human Rights of 15 September 2020,
Aggerholm v. Denmark,
45439/18,
pending implementation since 2020, and judgments of the European Court of Human Rights of 9 July 2021,
M.A. v. Denmark,
6697/18 and of 7 December 2021
Savran v. Denmark
57467/15, both pending
implementation since 2021.
Data according to the online database of the Council of Europe (HUDOC).
Rating given by CIVICUS, ratings are on a five-category scale defined as: open, narrowed, obstructed,
repressed and closed.
2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 14.
160
161
162
163
164
165
166
167
168
169
170
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sectors
171
. The Danish Institute for Human Rights has raised concerns regarding the
prohibition of receiving donations from certain physical persons and legal entities
172
and the
draft law on introducing the possibility of police imposing an assembly ban in a locality in
order to maintain public order
173
. Though the assembly-ban contained in the ‘Security for all
Danes’ proposal was strongly opposed by civil society and ultimately rejected by Parliament
in June 2021, stakeholders consider that it demonstrated the need for an increased
involvement of civil society organisations in the preparation of legislative proposals,
especially related to security measures, that could negatively impact civic space
174
.
171
The civil society strategy aims to support volunteer organisations by focusing on strengthened cooperation
with civil society on development of welfare solutions Nevertheless, the proposed financing model is
considered as uncertain by some civil society organisations. Previously, civil society organisations used to
apply for funding, whereas under the current system fixed amounts are distributed. Some organisations are
concerned whether they will be allocated sufficient funds. This funding has replaced the Governments
previous social investment fund (Satspuljen). Franet (2022), Country research - Legal environment and
space of civil society organisations in supporting fundamental rights – Denmark, p. 3.
172
In March 2021, legislation introduced a prohibition of receiving donations from certain physical persons and
legal entities, which raised some concerns by the Danish Human Rights Institute and stakeholders due to a
risk of arbitrariness in its application. In March 2022, a first individual was added to the list of prohibited
donors. 2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 14 and
information received from the Danish Institute for Human Rights during the country visit.
173
Contribution from the Danish Human Rights Institute via ENNHRI for the 2022 Rule of Law Report, p. 3.
174
Franet (2022), Country research - Legal environment and space of civil society organisations in supporting
fundamental rights – Denmark, p. 5, contribution from the Danish Human Rights Institute via ENNHRI for
the 2022 Rule of Law Report, p. 3, contribution from the European Civic Forum for the 2022 Rule of Law
Report, p. 3, and written contribution from Nyt Europa in the context of the country visit.
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Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at
https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Agency for
modernisation (2017),
Code
of
conduct
in the
https://modst.dk/media/18742/code-of-conduct-in-the-public-sectorforside.pdf.
public
sector
Altinget (2022), ‘Parties to negotiate on court finances: “It is not a law of nature that the agreement
must be administrative”’ (Partier
vil forhandle om domstolenes økonomi: “Det er jo ingen naturlov,
at aftalen skal være administrativ”)
https://www.altinget.dk/embedsvaerk/artikel/partier-vil-
forhandle-om-domstolenes-oekonomi-det-er-jo-ingen-naturlov-at-aftalen-skal-vaere-administrativ.
Altinget (2022), Hækkerup's exit reignits debate over conflict of interest: Here are the top politicians
who took the revolving door before him (Hækkerups
exit genantænder debat om interessekonflikt:
Her
er
de
toppolitikere,
der
tog
svingdøren
før
ham)
https://www.altinget.dk/civilsamfund/artikel/haekkerups-exit-genantaender-debat-om-
interessekonflikt-her-er-de-toppolitikere-der-tog-svingdoeren-foer-ham.
Altinget (2022), Hækkerup's shift calls for democratic self-examination (Hækkerups
skift kalder på
demokratisk selvransagelse)
https://www.altinget.dk/artikel/haekkerups-skift-kalder-paa-demokratisk-
selvransagelse.
Blach-Ørsten, M., Burkal, R., Mayerhöffer, E., & Willig, I. (2021).
Denmark: High media
independence and informal democratic traditions in the newsroom. In J. Trappel, & T. Tomaz
(Eds.),
The Media for Democracy Monitor 2021: How leading news media survive digital transformation
(Vol. 2) p 167. Nordicom, University of Gothenburg
https://doi.org/10.48335/9789188855428-4.
Berlingske Tidende (2022), Commentary: Long waiting times must not undermine confidence in the
justice system (Kommentar:
Lange ventetider må ikke ødelægge tilliden til retssystemet)
https://www.berlingske.dk/kommentarer/lange-ventetider-oedelaegger-tilliden-til-retssystemet.
Centre for Media Pluralism and Media Freedom (2022),
Media pluralism monitor 2022 – country
report on Denmark.
CEPEJ (2021),
Study on the functioning of the judicial systems in the EU Member States.
Civicus, Monitor tracking civic space – Denmark
https://rsf.org/en/denmark.
Council of Europe, Platform to promote the protection of journalism and safety of journalists –
Denmark
https://fom.coe.int/en/alerte/detail/107636699.
Council of Europe: Committee of Ministers (2002),
Recommendation CM/Rec(2002)2 of the
Committee of Ministers to member states on access to official documents.
Council of Europe: Committee of Ministers (2010),
Recommendation CM/Rec(2010)12 of the
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.
Court of Impeachment (2021), The Court of Impeachment has ruled in the case against former
Minister Inger Støjberg (Rigsretten
har afsagt dom i sagen mod fhv. minister Inger Støjberg)
https://rigsretten.dk/aktuelt/2021/12/rigsretten-har-afsagt-dom-i-sagen-mod-fhv-minister-inger-
stoejberg/.
Court of Impeachment, judgment of 13 December 2021.
Danish Association of Judges (2021),
Response to public consultation on the draft law amending the
Criminal Code, the Code of Criminal Procedure and the Road Traffic Act
https://www.dommerforeningen.dk/dommerforeningen/hoeringssvar/2021/bemaerkninger-til-
lovudkast-om-aendring-af-straffeloven-retsplejeloven-og-faerdselsloven-implementering-af-
initiativer-i-aftaler-om-politiets-og-anklagemyndighedens-oekonomi/.
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Danish Association of Judges (2022),
Response to the public consultation on the draft law amending
the Penal Code, the Code of Judicial Procedure and various other laws (Streamlining the criminal
case chain and the tribunal process, etc. in the Juvenile Delinquency Board, increased access to
disclosure and recording of photos, improving police opportunities for investigation, etc.)
https://www.dommerforeningen.dk/media/74901/justitsministeriet.pdf.
Danish Association of Judges (2022),
Response to the public consultation on the draft law on police
activities
https://www.dommerforeningen.dk/dommerforeningen/hoeringssvar/2022/hoeringssvar-til-
lovudkast-om-politiets-virksomhed-mv/.
Danish Association of Judges (2022),
Written contribution from the Danish Association of Judges for
the 2022 Rule of Law Report in the context of the country visit.
Danish Bar and Law Society (2021),
Response to public consultation on the draft law amending the
Criminal Code, the Code of Criminal Procedure and the Road Traffic Act
https://www.advokatsamfundet.dk/om-advokatsamfundet/advokatradet/horingssvar-liste/2021/2021-
2747-strafferetsudvalget.
Danish Bar and Law Society (2022), Bar Council says: Lawyers must watch out for SLAPP cases
(Advokatrådet
mener:
Advokater
skal
passe
på
SLAPP-sager)
https://www.advokatsamfundet.dk/nyheder-medier/nyheder/2022/advokatradet-mener-advokater-skal-
passe-pa-slapp-sager/.
Danish Bar and Law Society (2022), Long waiting times must not undermine confidence in the justice
system (Kommentar:
Lange ventetider må ikke ødelægge tilliden til retssystemet)
https://www.advokatsamfundet.dk/nyheder-medier/nyheder/2022/kommentar-lange-ventetider-ma-
ikke-odelaegge-tilliden-til-retssystemet/.
Danish Government (2020),
Reflection Paper for an Agreement on the finances of the Police and
Prosecutor’s
Office
2021-2024
Ministry
of
Justice
https://www.justitsministeriet.dk/wpcontent/uploads/2020/08/trygheden_foerst_final-a.pdf.
Danish Government (2021),
Input from Denmark for the 2021 Rule of Law Report.
Danish Government (2022),
Input from Denmark for the 2022 Rule of Law Report.
Danish Institute for Human Rights (2021),
Response to public consultation on the draft law amending
the Criminal Code, the Code of Criminal Procedure and the Road Traffic Act
https://menneskeret.dk/sites/menneskeret.dk/files/media/document/H%C3%B8ringssvar%20vedr.%20
forslag%20til%20lov%20om%20%C3%A6ndring%20af%20straffeloven%2C%20retsplejeloven%20
og%20f%C3%A6rdselsloven%20%28Implementering%20af%20initiativer%20i%20aftale%20om%2
0politiets%20anklagemyndighedens%20%C3%B8konomi%202021-2023%29.pdf.
Danish Institute for Human Rights (2022),
Response to public consultation an Act amending the
Penal Code, the Code of Judicial Procedure and various other laws (Streamlining the criminal case
chain and the tribunal process, etc. in the Juvenile Delinquency Board, increased access to disclosure
and recording of photos, improving police opportunities for investigation, etc.)
https://menneskeret.dk/hoeringssvar/naevnsprocessen-mv-ungdomskriminalitetsnaevnet-politiets-
muligheder-efterforskning.
Danish Parliament (2021),
Resolution on the convening of negotiations on the Danish Public Access
Act
https://www.ft.dk/samling/20201/beslutningsforslag/B169/som_vedtaget.htm.
Danish
Parliament
(2022),
Court
https://www.ft.dk/da/folkestyret/domstolene/rigsretten.
of
Impeachment
(Rigsretten)
Danish Parliament (2022), Consultation summary and consultation response regarding the Ministry of
Health's statement on the application of the Epidemics Act, from the Minister of Health,
(Høringsresume
og høringssvar vedr. Sundhedsministeriets redegørelse om anvendelse af
epidemiloven,
fra
sundhedsministeren)
https://www.ft.dk/samling/20211/almdel/epi/bilag/344/index.htm.
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Danish Parliamentary Standing Orders Committee (2022),
Written contribution from the Danish
Parliamentary Standing Orders Committee for the 2022 Rule of Law Report in the context of the
country visit.
Danish Police (2022),
Written contribution from the Danish Police for the 2022 Rule of Law Report in
the context of the country visit.
Danish Radio and Television Board (2022),
Written contribution from the Danish Radio and
Television Board for the 2022 Rule of Law Report in the context of the country visit.
Danmarks Radio (2022),
Written contribution from Danmarks Radio for the 2022 Rule of Law Report
in the context of the country visit.
Danish Union of Journalists (2022), Action Plan on the Safety of Journalists (Dansk
handlingsplan for
sikkerhed for journalister)
https://journalistforbundet.dk/nyhed/ny-faelles-dansk-handlingsplan-
journalisters-sikkerhed.
Datatilsynet (2022), Whistle-blowing at half a year (Whistleblowerordning
fylder et halvt år)
https://www.datatilsynet.dk/presse-og-nyheder/nyhedsarkiv/2022/jun/whistleblowerordning-fylder-et-
halvt-aar.
Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination of certain provisions
laid down by law, regulation or administrative action in Member States concerning the provision of
audiovisual media services (Audiovisual Media Services Directive) in view of changing market
realities.
Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the
protection of persons who report breaches of Union law.
Directorate-General for Communication (2019),
Flash Eurobarometer 482: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2020),
Special Eurobarometer 502: corruption.
Directorate-General for Communication (2022),
Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022),
Special Eurobarometer 523: corruption.
DR (2022), Mette Frederiksen gets a nose for her role in the mink case (Mette
Frederiksen får en
næse for sin rolle i minksagen)
https://www.dr.dk/nyheder/politik/mette-frederiksen-faar-en-naese-
sin-rolle-i-minksagen.
Employee and Competence Agency (2022),
Written contribution from the Employee and Competence
Agency in the context of the country visit.
ENNHRI (2022),
Contribution from the Danish Human Rights Institute via ENNHRI for the 2022
Rule of Law Report.
European Civic Forum (2022),
Contribution from the European Civic Forum for the 2022 Rule of
Law Report
https://civicspacewatch.eu/wp-content/uploads/2022/01/Denmark.pdf.
European Commission (2020),
2020 Rule of Law Report, Country Chapter on the rule of law situation
in Denmark.
European Commission (2021),
2021 Rule of Law Report, Country Chapter on the rule of law situation
in Denmark.
European Commission (2022),
2022 EU Justice Scoreboard.
European Court of Human Rights, judgment of judgment of 15 September 2020,
Aggerholm v.
Denmark,
45439/18.
European Court of Human Rights, judgment of 20 October 2015,
Dvorski v. Croatia,
25703/11.
European Court of Human Rights, judgment of 9 July 2021,
M.A. v. Denmark,
6697/18.
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European Implementation Network (2022),
Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
Franet, Danish Institute for Human Rights (2022),
Country research - Legal environment and space of
civil society organisations in supporting fundamental rights – Denmark,
Vienna, EU Agency for
Fundamental Rights,
https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-
related.
GRECO (2019),
Fifth Evaluation Round – Evaluation Report on Denmark on preventing corruption
and promoting integrity in central governments (top executive functions) and law enforcement
agencies.
GRECO (2021),
Third Evaluation Round – Addendum to the second compliance report on Denmark.
GRECO (2021),
Fifth Evaluation Round – Compliance Report on Denmark on preventing corruption
and promoting integrity in central governments (top executive functions) and law enforcement
agencies.
Journalisten (2022), Government proposals have raised concerns - but in Sweden the state has no
power over the media ombudsman (Regeringens
forslag har vakt bekymring – men i Sverige har
staten ingen magt over medieombudsmanden)
https://journalisten.dk/regeringens-forslag-har-vakt-
bekymring-men-i-sverige-har-staten-ingen-magt-over-medieombudsmanden/.
Journalisten (2022), Plaintiffs dropped million-kroner case against Jonas (Sagsøgere
droppede
millionsag mod Jonas, inden den gik i gang: ”Det viser andre, at det ikke har gang på jord)
https://journalisten.dk/sagsoegere-droppede-millionsag-mod-jonas-inden-den-gik-i-gang-det-viser-
andre-at-det-ikke-har-gang-paa-jord/.
Ministry of Culture (2012),
Quadrennial periodic report on measures to protect and promote the
diversity
of
cultural
expressions
–
Denmark
https://en.unesco.org/creativity/sites/creativity/files/periodic_reports/old/denmark_report_ownformat_
en_2012.pdf.
Ministry of Culture (2022), Media Agreement for 2022-2025 (Medieaftale
for 2022-2025: Den
demokratiske samtale skal styrkes)
https://kum.dk/aktuelt/nyheder/medieaftale-styrker-den-
demokratiske-samtale.
Ministry of Health (2021), Report to Parliament on the application of the Epidemics Act
(Redegørelse
til
Folketinget
om
anvendelse
af
epidemiloven)
https://prodstoragehoeringspo.blob.core.windows.net/4f1363f7-9a86-40a5-86a7-
e5f7a90a53a6/Redeg%C3%B8relse%20til%20Folketinget%20om%20anvendelse%20af%20epidemil
oven.pdf.
Ministry of Justice (2021),
Whistleblowing
https://www.justitsministeriet.dk/temaer/whistleblowing/.
Ministry of Justice (2022),
Written contribution from the Ministry of Justice for the 2022 Rule of Law
Report in the context of the country visit.
National Courts Administration (2021), Digitisation of new criminal and probate system under way
(Digitaliseringen
af
nyt
straffe-
og
skiftesystem
sat
i
gang)
https://www.domstol.dk/aktuelt/2021/10/digitaliseringen-af-nyt-straffe-og-skiftesystem-sat-i-
gang/#straffe%20skifte.
National Courts Administration (2022), Annual report 2021 has been published (Årsberetning
2021 er
udkommet)
https://domstol.dk/aktuelt/2022/3/aarsberetning-2021-er-udkommet/.
National Court Administration (2022), Even longer processing times in 2021 (Endnu
længere
sagsbehandlingstider i 2021)
https://domstol.dk/aktuelt/2022/3/endnu-laengere-sagsbehandlingstider-
i-2021/.
National Courts Administration (2022),
Graph of average case processing time in selected criminal
cases in district courts 2012-2021
https://domstol.dk/media/ycrp14yf/1.png.
23
 kom (2022) 0500 - Bilag 1: Kommissionens meddelelse om retsstatssituationen i EU, landekapitlet om Danmark og Kommissionens anbefalinger til medlemslandene
2607247_0025.png
National Courts Administration (2022), Judgments database is open (Domsdatabasen
er åben)
https://domsdatabasen.dk/nyheder/domsdatabasen-er-aben/.
National Courts Administration (2022), Key figures on case turnover and processing times (Nøgletal
om sagsflow og sagsbehandlingstider)
https://www.domstol.dk/media/1qbewjdg/noegletal-2021.pdf.
Nyt Europa (2022),
Written contribution from Nyt Europa for the 2022 Rule of Law Report in the
context of the country visit.
Parliamentary
Ombudsman
(2022),
https://www.ombudsmanden.dk/findviden/fob/fob2021/.
2021
Annual
Report
Politiken (2021), Broad majority in parliament wants to tighten rules and ban Britt Bager-finten
(Bredt
flertal i Folketinget vil stramme regler og forbyde Britt Bager-finten)
https://politiken.dk/indland/art8242082/Bredt-flertal-i-Folketinget-vil-stramme-regler-og-forbyde-
Britt-Bager-finten.
Politiken (2022), The Liberal Party kept recipients of party support secret: ‘If the rest of us filled out
forms from Tax or other authorities in the same way, we would not get away with it’, (Venstre
holdt
modtagere af partistøtte hemmelige: »Hvis vi andre udfyldte formularer fra Skat eller andre
myndigheder
på
samme
måde,
så
ville
vi
ikke
slippe
godt
fra
det«)
https://politiken.dk/indland/art8595893/%C2%BBHvis-vi-andre-udfyldte-formularer-fra-Skat-eller-
andre-myndigheder-p%C3%A5-samme-m%C3%A5de-s%C3%A5-ville-vi-ikke-slippe-godt-fra-
det%C2%AB.
Politiken (2022), 'It's completely, completely wrong what's going on': 2 billion taxpayer kroner worth
of rapid tests bought without a tender (»Det
er helt, helt galt, hvad der foregår«: Kviktests for 2
milliarder skattekroner er købt uden udbud)
https://politiken.dk/indland/art8563978/Kviktests-for-2-
milliarder-skattekroner-er-k%C3%B8bt-uden-udbud.
Reporters without Borders – Denmark
https://rsf.org/en/denmark.
Standing Orders Committee (2021), Report concerning urgent consideration of government draft laws
(Betænkning
og
indstillingomændring
af
forretningsorden
for
Folketinget)
https://www.ft.dk/ripdf/samling/20201/beretningalmenart/20201_BER_15.pdf.
The Mink Commission (2021), Terms of reference (Kommissorium
for en granskningskommission om
sagen om aflivning af mink)
https://www.minkkommissionen.dk/da/kommissorium.
The
Mink
Commission
(2022),
https://www.minkkommissionen.dk/da/afh%C3%B8ringer.
Hearings
(Afhøringer)
The Mink Commission (2022), The commission of scrutiny has delivered its report
(Granskningskommissionen
har
afleveret
sin
beretning)
https://www.minkkommissionen.dk/da/nyheder/2022/06/beretningen.
Transparency International (2022),
Corruption Perceptions Index 2021.
TV 2 (2022), Mette Frederiksen officially gets a nose (Mette
Frederiksen får officielt næse)
https://nyheder.tv2.dk/politik/2022-07-05-mette-frederiksen-faar-officielt-naese.
TV 2 (2022), That's why former ministers are so attractive to business (Derfor
er tidligere ministre så
attraktive for erhvervslivet)
https://nyheder.tv2.dk/business/2022-05-02-derfor-er-tidligere-ministre-
saa-attraktive-for-erhvervslivet.
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Annex II: Country visit to Denmark
The Commission services held virtual meetings in April 2022 with:
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Danish Bar and Law Society
Danish Media Association
Danish Union of Journalists
Danish Press Council
Danish Institute for Human Rights
Dansk Ungdoms Faellesraad
Employee and Competence Agency
Judges Association
Ministry of Business
Ministry of Culture
Ministry of Justice
National Audit Office
National Court Administration
Nyt Europa
Parliamentary Ombudsman
Standing Orders Committee of the Parliament
Supreme Court
Transparency International Denmark
* The Commission also met the following organisations in a number of horizontal meetings:
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Amnesty International
Article 19
Civil Liberties Union for Europe
Civil Society Europe
European Centre for Press and Media Freedom
European Civic Forum
European Federation of Journalists
European Partnership for Democracy
European Youth Forum
Free Press Unlimited
Human Rights Watch
ILGA Europe
International Federation for Human Rights (FIDH)
International Press Institute
Open Society European Policy Institute ( OSEPI)
Osservatorio Balcani e Caucaso Transeuropa
Philea
Reporters Without Borders
Transparency International Europe
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