EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Europaudvalget 2022-23 (2. samling)
EUU Alm.del Bilag 624
Offentligt

EUROPEAN

COMMISSION

Brussels, 5.7.2023

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COMMISSION STAFF WORKING DOCUMENT

2023 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

2023 Rule of Law Report

The rule of law situation in the European Union

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EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

BSTRACT

The level of perceived judicial independence in Denmark continues to be very high. On

digitalisation, digital solutions to initate and follow administrative and criminal proceedings

remain very limited, but the Danish courts are rolling out a multi-year project for an IT system

to process criminal and probate cases with the first two phases for the probate portal and the

handling of uncontested fines having been released. Analyses are ongoing related to ensuring

adequate human and financial resources for the justice system in the next multiannual

framework. Nevertheless, the resource situation is a concern and increasingly affects the length

of proceedings, notably in civil and criminal cases, where the average case handling times for

district courts have continued to grow compared to 2022.

The perception among experts and business executives is that Denmark is one of the least

corrupt countries in the world. The strategic and institutional framework in the fight against

corruption in Denmark continues to be based on general rules on ethics and integrity, social

norms and public scrutiny with a high degree of trust in the well-functioning of the public

administration. The new law on public financing of political parties was adopted and

discussions on a new law on private financing of political parties have started. Nevertheless,

there were no steps taken on revolving doors for ministers, lobbying or asset declarations

submitted by persons entrusted with top executive functions. The whistleblower protection

system is in force and the guidelines addressed to whistleblowers, public authorities and

companies are supporting the implementation of the legal framework. The new national

investigative unit responsible for serious crimes, including complex corruption-related cases,

works well, although general reporting on the handling of corruption-related offences is still

lacking.

Ethical rules for the press are currently being reviewed by a working group in Denmark and

the committee of media liability appointed by the Government is examining the need to support

the Danish Press Council system through the possible creation of a new media ombudsperson.

While no steps have been taken to revise the Access to Public Administrative Documents Act,

which restricts the right to access information in some cases, the new Government has

announced its intention to establish an expert committee to prepare a possible amendment to

this Act. The mandate for this committee and the precise date of its establishment have yet to

be announced. Budgetary cuts in local and regional papers pose some challenges to journalists

who have called for greater support from the Government.

The working procedures of the Parliament continue to be underpinned by a strong consensual

culture. The current Government has committed to follow-up on a political agreement to

strengthen Parliament's scrutiny of the Government and focus on trust in the political system.

The Parliamentary Ombudsman and the Danish Institute for Human Rights have continued to

carry out their mission independently and effectively. The civic space in Denmark remains

open, with a robust framework for the involvement of civil society organisations, even if the

Danish Institute for Human Rights has expressed concern about the impact of advanced

surveillance technologies on civic space.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

ECOMMENDATIONS

Overall, concerning the recommendations in the 2022 Rule of Law Report, Denmark has made:



Some progress on ensuring adequate human and financial resources for the justice system

in the next multiannual framework.

Some progress on adopting a 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.

No progress on introducing rules on ‘revolving doors’ for ministers and on lobbying and

ensure adequate control of asset declarations submitted by persons entrusted with top

executive functions.

No further progress on the process to reform 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.

On this basis, and considering other developments that took place in the period of reference, it

is recommended to Denmark to:



Ensure adequate human and financial resources for the justice system in the next

multiannual framework, building on the increases in 2023, taking into account European

standards on resources for the justice system.

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.

Ensure the collection of data on investigations and prosecutions of corruption-related

offences at national and local level.

Advance with the process to reform 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.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

USTICE

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

. 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

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)

. 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

. Disciplinary measures for judges can be

issued by Court Presidents or the Special Court of Indictment and Revision

. The prosecution

service is an autonomous institution acting under the supervision of the Ministry of Justice and

led by a Prosecutor General

. The Bar and Law Society is the independent body governing the

legal profession and ensuring its independence

Independence

The level of perceived judicial independence in Denmark continues to be very high among

both the general public and companies.

Overall, 86% of the general population and 85% of

companies perceived the level of independence of courts and judges to be ‘fairly or very good’

in 2023

. According to data in the 2023 EU Justice Scoreboard, the level remains consistently

very high for both the general public and companies since 2016. The level of perceived judicial

independence among the general public has increased in comparison with 2022 (84%) but it is

lower than in 2016 (88%). The level of perceived judicial independence among companies has

decreased in comparison with 2022 (87%) although it is slightly higher than in 2016 (84%).

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. Denmark does not have a constitutional court.

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. According to the 2023 EU Justice

Scoreboard, the percentage of women in the top judicial positions is below 30%. Figure 36, 2023 EU Justice

Scoreboard.

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 49 and 51, 2023 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%).

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Quality

The Danish courts are rolling out a multi-year project for an IT system to process

criminal and probate cases.

Some of the shortcomings as regards digitalisation identified in

the 2022 Rule of Law Report

have improved as regards civil cases

. Digital communication

tools for courts and the prosecution service are in place

, procedural rules for digital tools are

fully in place for civil proceedings, but only partly for administrative and criminal

proceedings

and digital solutions to initate and follow administrative and criminal

proceedings remain very limited

. As already noted in the 2022 Rule of Law Report, the

National Courts Administration is developing a new IT system for processing criminal and

probate cases, which will be rolled out in successive phases by 2026 and replace the legacy IT

systems used by the courts with a more user-friendly, effective, and future-proof solution

. As

part of that project, the probate portal supporting the registration of claims concerning the

administration of the estate of the deceased has been rolled out in November 2022 and the

second phase concerning the handling of uncontested fines was released in June 2023

There has been some progress towards ensuring adequate human and financial resources

for the justice system, yet the impact of the resources issue on the length of proceedings

is a concern.

The 2022 Rule of Law Report 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”

. As noted in the 2022

Rule of Law Report, in recent years the Danish courts have experienced an increase of pending

cases and processing times, which may require a longer term increase of resources

. In 2022,

the budgetary resources allocated to the Danish courts were approximately EUR 261.8 million

(DKK 1 948.9 million), a figure that remains stable compared to 2021

. However, the

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 4.

Figure 45, 2023 EU Justice Scoreboard

Figures 43-44, 2023 EU Justice Scoreboard.

Figure 41, 2023 EU Justice Scoreboard. In this context, it has been possible to use telecommunication via

video link for certain court functions since 2016, when the Administration of Justice Act's rules on extension

of custody hearing with the use of video link have been changed. It is the general rule that the prosecutor

participates in the hearings via video link. In practice, this means that the judge is at the court, the prosecutor

at his or her office and the defence attorney at either the prison/detention centre with the detained person or at

the court house. Input from Denmark for the 2023 Rule of Law Report, p. 10.

Figures 45-46, 2023 EU Justice Scoreboard.

The budget for the project is approximately EUR 81.2 million (DKK 604.6 million). 2022 Rule of Law Report,

Country Chapter on the rule of law situation in Denmark, p. 4, and input from Denmark for the 2023 Rule of

Law Report, p. 10.

The project phases will be rolled out progressively until 2026: the probate portal (phase 1), a fine case system

for processing uncontested fine cases from the Police Administrative Centre (phase 2), compulsory

liquidations (phase 3), death cases, spousal separation and cashiering (phase 4), and criminal cases and for

bankruptcy cases, debt relief and reconstruction (phase 5). National Courts Administration (2023) Revised

plan for digitisation of criminal and probate areas and information received from the National Courts

Administration during the country visit.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 4-5.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 4, and input from

Denmark for the 2023 Rule of Law Report, pp. 4-5.

In 2022, the total financial resources for the judiciary have increased to approximately EUR 261.8 million

(DKK 1 948.9 million) compared to approximately EUR 259.32 million (DKK 1 930.3 million) in 2021. In

2022, there were 2 079 full-time employees, including 697 judges and other legal advisers, and 1 189 office

staff (in 2021, the figures were 686 and 1 179 respectively). Input from Denmark for the 2023 Rule of Law

Report, p. 9.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

expenditure on the justice system as a percentage of GDP remains very low (at 0.16% of

GDP)

as does the number of judges per 100 000 inhabitants (at 6.6 per 100 000 inhabitants)

The previous Government proposed to extend the judiciary’s budget from 2022 into the 2023

budget proposal

. However, in March 2023, the Government made an ad hoc additional

allocation of approximately EUR 4.32 million (DKK 32.2 million) to combat the backlog of

cases until the adoption of a new multiannual framework on resources

. While stakeholders

welcomed the additional resources, they emphasised the need for a long-term solution

. In the

meantime, the Ministry of Finance and the Ministry of Justice, together with the National

Courts Administration

, are trying to establish the future financial needs for the Danish

courts

. The negotiations on the financial needs of the Danish courts at political level were

planned already in spring 2022

, but had subsequently been postponed

. Instead, the Ministry

of Justice appointed in September 2022 a committee, chaired by a former Supreme Court

President, to examine measures that could make the courts more efficient and reduce case

processing times

. The Government’s ambition is to negotiate a new multiannual agreement

in 2023 with the political parties that can take effect on 1 January 2024

. According to a study

Figure 33, 2023 EU Justice Scoreboard.

Figure 35, 2023 EU Justice Scoreboard.

According to the Danish authorities, the previous Government proposed to make an extension of the

judiciary’s budget from 2022 to 2023 in the 2023 budget proposal, which was intended to ensure stability of

the judiciary’s budget in 2023 and provide sufficient time to gather the necessary knowledge and decision-

making basis for a new multi-year agreement. Input from Denmark for the 2023 Rule of Law Report, p. 6.

Ministry of Justice (2023) Government: Extraordinary funding to combat the backlog of cases in the courts in

the run-up to new multi-year agreement.

Danish Bar and Law Society considered that the ad hoc allocation was an important first step, while noting

that according to its estimates for 2023 DKK 56 million would be needed to start providing the additional

judges and staff and the level of capacity to absorb them. Bar and Law Society (2023) Finance law paves the

way to reduce court waiting times. In Justitia’s view, the allocated amount will not in itself solve the length of

proceedings in Danish courts and stresses that the reduction in the length of proceedings must observe legal

certainty and right to a fair trial. Altinget (2023), Justitia: More video conferencing and fewer judges can

reduce case processing time in courts.

According to the National Courts Administration, last year the Danish courts reported a deficit of almost DKK

10 million of the total budget. In 2022 and 2023, the courts have received additional appropriations targeted

at combating backlogs, but this was not enough to solve the structural challenges with case processing times

and reverse the trend. The National Courts Administration considered that there was a need for a long-term

plan and an ambitious multiannual agreement to provide the courts with the necessary additional resources to

be able to hire more judges, assistant judges and clerical staff as well as to increase courtroom capacity and

support stable and secure IT operations. National Court Administration (2023), Long processing times

continued in 2022.

Information received from the Ministry of Justice in the context of the country visit.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 5.

According to the Danish Institute for Human Rights, the political negotiations on a new multiannual agreement

for the Danish courts were planned for autumn 2022 between the previous Government and the parliamentary

parties. However, the negotiations were postponed until 2023 in view of the parliamentary elections held on 1

November 2022. Simultaneously with the postponement of the negotiations, the Ministry of Justice appointed

the committee with former Supreme Court President Thomas Rørdam. Contribution from the Danish Human

Rights Institute via ENNHRI for the 2023 Rule of Law Report, p. 189-190.

The work of the committee is supposed to support the political debate on the courts by identifying and

qualifying actions to address the challenges facing the courts. The committee will not address all elements of

the political negotiations, but only those actions that require specific legal and judicial analysis. Ministry of

Justice (2022), New committee headed by Thomas Rørdam to support political negotiations on courts. The

committee published reports in April, May and June. Danish Parliament (2023), Committee on Legal Affairs,

Annexes 147, 185 and 212.

Written contribution received from the Danish Ministry of Justice in the context of the country visit to

Denmark.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

commissioned by the Danish Bar Council and endorsed by the Judges’ Association,

approximately EUR 188.08 million (DKK 1.4 billion) in additional funding would be needed

to address the long waiting times by 2030, whereby the district and high courts would need 64

additional judges

; if no additional resources were to be allocated, the case processing times

would presumably at least double by 2030

. In its coalition paper, published in December

2022, the Government parties stated that they want to reduce long waiting times in Danish

courts by, among others, simplifying legal proceeding; no reference was made to the situation

on the lack of resources

. Since the last report, the Danish courts have experienced an increase

of pending cases and case processing times in 2022, notably for civil and criminal cases

. The

Copenhagen district court, the largest first instance court, issued a press release in January 2023

stating that in view of its financial

and personnel situation as well as the growing case

numbers, many cases would have to be re-scheduled to 2024 or later

, while the district court

in Aarhus in October 2022 needed on average 28 months for civil cases

. As the Government

has made an ad hoc financial allocation for 2023 while the preparatory work to facilitate a

political agreement on human and financial resources in the next multiannual framework for

the justice system is ongoing, it is concluded that there has been some progress on the

implementation of the recommendation in the 2022 Rule of Law Report.

The review of the legal aid system commenced in 2020 has been put on hold.

The pre-

legislative committee set up in April 2020 to review the existing legal aid system was initially

due to present its results by summer 2022, but the expected deadline was subsequently moved

to summer 2023 due to the pandemic

. As noted in the 2021 Rule of Law Report, this

committee had been set up by the Ministry of Justice in response to a number of studies by

stakeholders highlighting certain weaknesses in the functioning of the legal aid system and is

composed of representatives of different relevant Ministries and authorities, experts and is

assisted by a follow-up group providing experience from practitioners

. However, the

committee had not met since May 2022

. While in February 2023, its mandate was to be re-

The Danish Bar Council, a body within the Bar and Law Society, has commissioned a study to investigate

what additional funding would be required if courts were to reduce case processing times to a reasonable level

by 2030. Copenhagen Economics (2022), Judiciary at breaking point: What will it cost to reduce case

processing times?.

Copenhagen Economics (2022), Judiciary at breaking point: What will it cost to reduce case processing times?,

p. 11-12.

Danish Government (2022), Responsibility for Denmark, p. 49 and input from Denmark for the 2023 Rule of

Law Report, p. 43-44.

See also information in the 'Efficiency’ section and National Court Administration (2023), Long processing

times continued in 2022.

The situation of the Copenhagen district court was not expected to improve even once the financial bill for

2023 was passed in Parliament. Information received from the Ministry of Justice and the Judges’ Association

in the context of the country visit to Denmark.

Copenhagen district court (2023), Case processing times at Copenhagen City Court increase and information

received from the Ministry of Justice in the context of the country visit to Denmark.

Jyllands Posten (2022), Commentary: Waiting times at courts must be brought down significantly.

Information received from the Ministry of Justice in the context of the country visit to Denmark and 2022 Rule

of Law Report, Country Chapter on the rule of law situation in Denmark, p. 6. In terms of facilitating access

to justice and based on the 2023 EU Justice Scoreboard, further specific arrangements related to access to

justice could be introduced for persons at risk of discrimination and elderly persons, and for victims of violence

against women/domestic violence. Figures 27 and 28, 2023 EU Justice Scoreboard.

2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 4-5.

See also statement of committee chairman in Advokatwatch (2023) Long-awaited legal aid and free legal aid

committee is idle: “It's a scandal”. In Justitia's view, it is urgent to proceed with the reform work on the Danish

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

confirmed after the election held in November 2022

, in March 2023, its work was put on hold

by the Ministry of Justice

, which was seen critically by some stakeholders

. According to

the Danish authorities, once an agreement on the multiannual financial framework for the

judiciary has been finalised, it is expected that the framework for the pre-legislative committee

will be reviewed and the work continued

Efficiency

The average case handling times for district courts, notably on civil and criminal cases,

continues to increase.

The number of incoming civil, commercial, administrative and other

cases at first instance in 2021 remained very high (46.3 cases per 100 000 inhabitants compared

to 47.5 cases in 2020)

with Denmark simultaneously having the second-lowest number of

judges as compared to other Member States (6.6 judges per 100 000 inhabitants)

Furthermore, the estimated time needed to resolve litigious civil and commercial cases at first

instance has significantly increased from 190 days in 2020 to 238 days in 2021

. In addition,

the rate of resolving litigious civil and commercial cases has noticeably dropped from 111% in

2020 to 97.6% in 2021

. According to the National Courts Administration, the average case

processing times in 2022 increased in the district courts for criminal cases, notably in the most

serious criminal cases

. The increasing case processing times in criminal cases were deemed

to have had a knock-on effect on case processing times in civil cases

. In February 2023, the

Judges’ Association and the Bar and Law Society called attention to the increasingly longer

processing times by noting that for several courts the hearings calendar was booked for more

than two years in advance

legal aid model, which was already significantly delayed. Justitia (2023), Status Report: Legal Certainty 2022,

p. 17.

Written contribution and information received from the Ministry of Justice in the context of the country visit

to Denmark.

According to the Ministry of Justice, no meeting activity in the pre-legislative committee on legal aid was

expected until the adoption of a new multiannual framework on resources for the judiciary, which was due to

a spike in the workload caused by the ongoing negotiations of that multiannual framework. Written

contribution received from the Ministry of Justice in the context of the country visit to Denmark.

Advokatwatch (2023) Minister overhears protests and puts legal aid committee on hold and Justitia (2023)

Timeline: Pre-legislative committee on legal aid and free trial has been postponed again.

Written contribution received from the Ministry of Justice in the context of the country visit to Denmark.

Figure 2, 2023 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 35, 2023 EU Justice Scoreboard.

Figure 6, 2023 EU Justice Scoreboard.

Figure 11, 2023 EU Justice Scoreboard.

The processing times of the courts have increased significantly in recent years, and the processing times were

still long in 2022. In serious criminal cases, the processing times have almost doubled since 2018. While the

processing times in jury cases decreased marginally, the processing time for cases with lay judges, which are

among the most serious criminal cases, increased from 7.3 months in 2021 to 8.4 months in 2022. National

Court Administration (2023), Long processing times continued in 2022.

In ordinary civil cases with main hearing, the average length of proceedings in the district courts increased

from 20.6 months in 2021 to 22 months in 2022. In 2018, those types of cases took an average of 16.8 months.

National Court Administration (2023), Long processing times continued in 2022.

In Aarhus District Court, an average civil case was suggested to take 28 months to be dealt with and that there

are several courts that will be dealing with criminal cases in 2024. Berlingske Tidende (2023), Commentary:

You can't come before a judge. The calendar system can't set a date that far in the future.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

The Government has introduced a new prioritisation model of criminal cases, aimed at a

more uniform prioritisation.

Until February 2023, a prioritisation of certain criminal cases in

Danish courts applied to cases related to violence, weapons, and rape (“VVV cases”)

. The

Parliament agreed to replace the former prioritising of VVV-cases with cases focused on harm

to individuals (“PFK cases”), which include more cases than the VVV-definition e.g. homicide,

arson, or robbery

. In that context, a contemporary priority model for 2023 has been agreed

with the Courts of Denmark, which implies that the courts will prioritise the most serious PFK-

cases

. The VVV-cases prioritisation was considered by the Danish Bar and Law Society as

being to the detriment of other – notably civil – cases

. In addition, as reported in the 2022

Rule of Law Report, legislative initiatives to streamline and avoid delays in the handling of

criminal cases had been proposed and adopted

. However the Danish Institute for Human

Rights and Justitia voiced the concern that initiatives aimed at reducing courts’ case processing

times should not lead to deterioration of rule of law in the justice system

II.

NTI

-C

ORRUPTION

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

cooperation between national authorities in elaborating anti-corruption measures. The National

Special Crime Unit (SCU), functional since January 2022, has both investigative and

prosecution competences and the State Prosecutor for Special Crime (SPSCU), among others,

supervises SCU’s complex criminal proceedings, and conducts legality control and appeals

before the high courts.

The perception among experts and the business community is that Denmark is one of the

least corrupt countries in the world.

In the 2022 Corruption Perceptions Index by

Transparency International, Denmark scores 90/100 and ranks 1

in the European Union and

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. Information received from the Judges Association and Justitia in the context

of the country visit to Denmark.

With the political agreement regarding the financing of the Police and the Prosecution Service for the years

2021-2023 the Parliament agreed to replace the former prioritising of VVV-cases. The PFK-definition does

not include weapon felonies. To ensure a joint prioritising of PFK-cases across the criminal chain, the Prisons

and Probation Service has been prioritising PFK-cases instead of VVV-cases since 2022. Written contribution

by the Ministry of Justice in the context of the country visit to Denmark.

Ibid.

Danish judges deal both with civil and criminal cases and thus the prioritisation of specific criminal cases

imposed by law had an impact on the handling of civil cases.

For example, by limiting the defendants’ free choice of attorney in criminal cases related to certain types of

offences, if their request of attorney would result in a delay of the proceedings. 2022 Rule of Law Report,

Country Chapter on the rule of law situation in Denmark, p. 6-7 and input from Denmark for the 2023 Rule of

Law Report, p. 12.

Contribution from the Danish Human Rights Institute via ENNHRI for the 2023 Rule of Law Report, p. 191

and Justitia (2023), Status Report: Legal Certainty 2022, p. 16.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

globally

. This perception has been relatively stable over the past five years

. The 2023

Special Eurobarometer on Corruption shows that 21% of respondents consider corruption

widespread in their country (EU average 70%) and 5% of respondents feel personally affected

by corruption in their daily lives (EU average 24%)

. As regards businesses, 19% of

companies consider that corruption is widespread (EU average 65%) and 7% consider that

corruption is a problem when doing business (EU average 35%)

. Furthermore, 27% of

respondents find that there are enough successful prosecutions to deter people from corrupt

practices (EU average 32%)

, while 51% of companies believe that people and businesses

caught for bribing a senior official are appropriately punished (EU average 30%)

The strategic and institutional framework in the fight against corruption in Denmark

remains based mainly on general rules on ethics and integrity.

The Danish authorities

consider that the existing anti-corruption system, based on general rules on ethics and integrity,

social norms and public scrutiny works well, and does not require a dedicated anti-corruption

strategy

. Therefore, Denmark still does not have such strategy

, nor a specialised agency

dealing with anti-corruption issues. Coordination of anti-corruption-related activities is carried

out through

ad-hoc

written consultations

. While the new Government that took up its duties

Transparency International, Corruption Perceptions Index 2022, 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 2018 the score was 88, while, in 2022, the score is 90. 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 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022).

Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer

data on business attitudes towards corruption as is updated every year. The previous data set is the Flash

Eurobarometer 507 (2022).

Special Eurobarometer 534 on Corruption (2023).

Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).

Information received in the context of the country visit to Denmark from the Ministry of Justice. As a result,

according to the OECD public integrity indicators on the quality of the strategic framework, Denmark is below

the OECD average scoring ‘0’ for evidence based, quality of strategy, adequacy of implementation plan,

implementation rates, financial sustainability, evaluation practices reaching the OECD average only on

consultation in practice. At the same time, the trust in Parliament is above the OECD average (51 out of 100),

legislative stability 59 out of 100 and consultation of draft law scores 100 out of 100. OECD (2023),

OECD –

Public Integrity Indicators.

While the existence of a national strategy is not an international legal requirement, specifically in the context

of foreign bribery Denmark was recommended to develop a comprehensive national strategy on combating

foreign bribery encompassing prevention, detection, awareness-raising, and enforcement, in order to ensure

foreign bribery is given appropriate priority. The strategy should incorporate the activities of the public, private

and NGO sectors, be based on an assessment of the foreign-bribery risks faced by Danish companies. OECD

(2023), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Denmark, p. 11.

Information received in the context of the country visit to Denmark from the Ministry of Justice. The Ministry

of Justice is responsible for legislation on corruption, guidelines on good behaviour for civil servants and is

responsible to answer questions from Parliament in relation to corruption. Also, the Ministry of Justice is to

be a focal point in contact with foreign authorities and in general responsible for the enforcement of criminal

law legislation, for example bribery and fraud, since the Minister of Justice has the general oversight of the

police and prosecutors.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

on 15 December 2022 made a political commitment to transparency

, no specific new steps in

this regard has been taken so far

The new national investigative unit responsible for serious crimes is tasked with complex

corruption-related cases.

The 2022 reform creating the National Special Crime Unit (SCU)

as well as the State Prosecutor for Special Crime Unit (SPSCU) is perceived as being

implemented successfully

. The law enforcement authorities welcome placing the fight

against financial and economic crime structurally closer to services competent to fight

organised crime due to tight links between them

. Resources available and training for officials

are adequate to fulfil the tasks assigned to them

General reporting on the handling of corruption-related offences is still lacking.

The

authorities underline that the corruption-related cases have remained rare over time

. The

collected statistics are limited to cases of bribery. The National Special Crime Unit (SCU) and

the State Prosecutor for Special Crime Unit (SPSCU), focusing mainly on complex cases and

those demanding international co-operation, received one report on bribery in 2022, which is

currently being investigated

. At the same time, the available data indicate that in 2022 there

were 68 judgments on active and passive bribery (a significant increase compared to 8

judgements in 2021)

. Concerns were raised on the lack of overall statistics on corruption as,

due to the lack of a reporting mechanism, the efficacy of the repressive system remains difficult

to evaluate

. It is particularly difficult to assess the volume of corruption-related cases handled

at the local level as such data is not specifically collected. The issue of monitoring and reporting

has also been raised in relation to foreign bribery where the OECD recommended that Denmark

put in place proactive media monitoring processes to detect potential cases, as the authorities

reportedly did not address the allegations of foreign bribery reported in the media

. According

to the National Audit Office, risks and challenges related to corruption can potentially derive

from lack of transparency and ineffective systems of control

Danish Government (2022), Responsibility for Denmark.

Information received in the context of the country visit to Denmark from the Ministry of Justice.

Currently the National Special Crime Unit is composed of 5 investigators, 1 superintendent, 4 prosecutors and

1 administrative assistant. Information received in the context of the country visit to Denmark from SCU and

SPSCU.

Information received from Ministry of Justice, SCU and SPSCU in the context of the country visit in Denmark.

Information received in the context of the country visit to Denmark from SCU and SPSCU.

Information received in the context of the country visit to Denmark from the Ministry of Justice.

Information received from the Prosecution Service in the context of the country visit to Denmark.

Information received from the SCU as well as the SPSCU in the context of the country visit to Denmark.

The figures are available only for final judgments regarding bribery cases gathered for complex cases dealt

with at the central level. More specifically, there were 33 judgments passed in 2022 (compared to six in 2021)

based on the Criminal Code section 122 (active bribery), 35 judgments passed in 2022 (compared to two in

2021) based on Criminal Code section 144 (passive bribery), one judgment passed in 2022 (compared to five

in 2021) based on the Criminal Code section 299 (private sector bribery). Input from Denmark for the 2023

Rule of Law Report, p. 16 and written contribution from the Prosecution Service in the context of the country

visit to Denmark.

Information received in the context of the country visit to Denmark from Transparency International.

OECD (2023), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Denmark, p. 13.

Written contribution received from the National Audit Office in the context of the country visit to Denmark.

The Flash Eurobarometer on Businesses’ attitudes towards corruption in the EU shows that 15% of companies

in Denmark (EU average 26%) think that corruption has prevented them from winning a public tender or a

public procurement contract in practice in the last three years. Flash Eurobarometer 524 on Businesses’

attitudes towards corruption in the EU (2023).

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Foreign bribery cases are insufficiently investigated and prosecuted.

There are currently

two ongoing cases concerning foreign bribery in relation to Danish companies

. Overall, the

OECD raised concerns about Denmark’s overall efforts to enforce the foreign bribery offence.

In particular, it points to a lack of proactive assessment of foreign bribery allegations brought

by other sources which are said to be underexploited

. According to the OECD, law

enforcement authorities are not using the full range of investigative techniques available or

routinely seeking evidence from foreign authorities, and several investigations were terminated

prematurely

. The corporate liability framework is not being applied comprehensively, in

particular in relation to foreign subsidiaries of Danish companies. As no financial

investigations are conducted in bribery cases, Denmark’s capacity to confiscate bribes or

proceeds of foreign bribery or pursue foreign bribery-related money laundering is negatively

impacted

. Both Transparency International and OECD raise concerns that enforcement

bodies do not have sufficient resources to investigate foreign bribery cases

, which is

especially problematic in view of Danish companies being vulnerable to foreign bribery

Furthermore, recommendations of the Group of States against Corruption (GRECO) in relation

to the legislative framework remain unaddressed

and, according to OECD, it is unclear if

foreign bribery sanctions are effective, proportionate, and dissuasive

Some progress has been achieved on political party financing.

The 2022 Rule of Law

Report recommended to Denmark to “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”

. The new law concerning public

financing of political parties was adopted on 30 May and it will enter into force on 1 January

The first foreign bribery conviction in Denmark was in 2019, which was imposed against a Danish company

through a non-trial resolution. At the time, the fine sought was the largest ever by the State Prosecutor for

Serious Economic and International Crimes (SØIK) for economic crimes. Two foreign bribery cases are

ongoing. In one case, Denmark is jointly investigating with the passive-side country. OECD (2023) Working

Group on Bribery, Phase 4 evaluation of Denmark, p. 4, 86.

According to OECD, the main sources of detection are the media monitoring, self-reports, foreign authorities,

and international organisations which remain beyond the radar of the Danish authorities. Since the Convention

entered into force in Denmark on 4 November 2000, there have been approximately 30 allegations of bribery

of foreign public officials implicating Danish companies or citizens. Danish companies have been sanctioned

in only two cases. A natural person has never been sanctioned for foreign bribery, and Denmark has never

taken a foreign bribery case to trial. Most foreign bribery allegations (23) were either not investigated (8) or

Danish authorities terminated the investigation without prosecution (15). Denmark discontinued prosecutions

in three cases. OECD (2023) Working Group on Bribery, Phase 4 evaluation of Denmark, p. 9, 11-12.

OECD (2023) Working Group on Bribery, Phase 4 evaluation of Denmark, p. 4.

OECD (2023) Working Group on Bribery, Phase 4 evaluation of Denmark, p. 4-5.

Also, Denmark is classified as ‘limited or no enforcement’ for investigations and cases 2018-2021 which is a

decrease in relation to the previous classification for years 2016-2019 when referred to as ‘limited’;

Transparency International (2022), Exporting Corruption 2022 Report. OECD (2023), Implementing the

OECD Anti-Bribery Convention Phase 4 Report: Denmark, p. 11.

According to OECD, Danish companies are internationally active having exports or investments abroad and

may be prone to foreign bribery. OECD (2023), Implementing the OECD Anti-Bribery Convention Phase 4

Report: Denmark, p. 8, 9, 11.

As regards foreign bribery, GRECO reiterates its concern that it has not been made clear beyond any doubt

that all forms of “undue advantages” are covered by the relevant bribery offences concerning foreign and

international public officials. GRECO Third Evaluation Round – Addendum to the second compliance report

on Denmark, p. 4.

OECD (2023), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Denmark, p. 11.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 10-11.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

2024

. The main aims of this reform are to ensure that only political parties that were elected

or almost elected receive public party funding and to introduce criminal sanctions for political

parties that omit to submit their annual accounts

. Following the adoption of that law, the

authorities plan to progress also on private party financing, highlighted as a priority area by

GRECO

, the 2022 Rule of Law Report

and the Organisation for Security and Co-operation

in Europe (OSCE)

. Private party financing was discussed in the Parliament and an initial

negotiation meeting between the political parties took place in the beginning of June

. The

exact scope and content of this initiative is not yet determined

. As new legislation on public

political party financing has been adopted and the preparations of new legislation on private

financing of political parties have started, there has been some progress on the implementation

of the recommendation made in the 2022 Rule of Law Report.

There has been no progress achieved to introduce rules on revolving doors for ministers,

on lobbying and on asset declarations submitted by persons entrusted with top executive

functions.

In the 2022 Rule of Law Report, Denmark was recommended to “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”

. In the previous

years, GRECO issued various recommendations to Denmark to enhance the integrity for

ministers and top executive functions

as well as to address the lack of regulation regarding

lobbying

and revolving doors

. While the Danish authorities consider that the system works

Written contribution received from the Ministry of Interior in the context of the country visit to Denmark.

Input received from Denmark to the 2023 Rule of Law Report, p. 14.

GRECO remains concerned by the lack of progress in response to a number of recommendations aimed at

enhancing the overall transparency of political financing in Denmark, in particular to introduce a ban on

anonymous donations to individual election candidates, to require more transparency as to the value of certain

donations and to improve the supervision of political financing (which goes beyond the pure auditing of their

accounts). GRECO also recommended to ensure independent and substantial monitoring in respect of the

funding of political parties and electoral campaigns. GRECO recommended that yet-to-be-established rules

on financing of political parties and electoral campaigns be accompanied by flexible sanctions, for example

of an administrative nature, which are effective, proportionate and dissuasive. GRECO, Third Evaluation

Round, Second Addendum to the Second Compliance Report on Denmark. According to GRECO the

Parliament plays a passive role in this regard and the State Audit body which is responsible to Parliament has

never checked party accounts, and where the Ministry for Economic Affairs and the Interior (which is not

independent as such) only checks the accounts with respect to state funding matters. GRECO Third Evaluation

Round – Addendum to the second compliance report on Denmark.

This part of the current rules concern issues raised both by GRECO and 2022 Rule of Law Report

recommendation as mentioned above.

OSCE observers monitored the Danish general election that took place on 1 November 2022. The

recommendations of the report concern, among others, regulating anonymous donations and the sanctioning

mechanisms. Office for Democratic Institutions and Human Rights (2023), Denmark Early General Elections,

1 November 2022, ODIHR Election Expert Team Final Report, p. 17.

Input received from Denmark to the 2023 Rule of Law Report.

Information received from the Ministry of Interior in the context of the country visit to Denmark.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 9-10.

According to GRECO declarations on assets submitted by persons entrusted with top executive functions need

to be subject to substantive control

GRECO Fifth Evaluation Round – Compliance Report, recommendation

vii, pp. 9-10.

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. GRECO Fifth Evaluation Round on Denmark – Compliance Report, pp. 7-8.

GRECO Fifth Evaluation Round – Evaluation Report, p. 8.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

well and further strengthening of the rules in question is not necessary

, there is no verification

and monitoring system in place for integrity risks. GRECO’s view that the current framework

inadequately addresses integrity risks is shared by a stakeholder

and the OECD indicators of

accountability of public policy making remain very low

100

. As no specific action has been taken

in the areas of revolving doors for ministers, lobbying and asset declarations for persons

entrusted with top executives functions, it can be concluded that there has been no progress on

the implementation of the recommendation made in the 2022 Rule of Law Report.

The new system on the protection of whistleblowers is in force and guidelines support the

implementation of the legal framework .

The Whistleblower Act

101

entered into force on 17

December 2021 and the general external reporting channel was established in the Danish Data

Protection Agency

102

. In 2021, three sets of guidelines were issued and addressed to

whistleblowers, public autorities and companies

103

. The authorities report that the number of

complaints is not high and regular guidance is provided as regards the functioning of the

system

104

, even if a need for awareness-raising has been noted

105

III.

EDIA

LURALISM AND

EDIA

REEDOM

The Danish 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 enshrined in law

106

Secondary legislation also provides safeguards for the independence of the public service

broadcasters

107

. There are no specific laws pertaining to media concentration, 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

108

The ethical rules for the press are being reviewed and the existing media self-regulatory

system continues to be assessed in view of possible future updates.

In Denmark, legislation

provides that the content and conduct of mass media shall be in accordance with sound press

100

101

102

103

104

105

106

107

108

Input received from Denmark for the 2023 Rule of Law Report. According to the Ministry of Justice it is

sufficient that 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.

Contribution from Transparency International for the 2023 Rule of Law Report.

According to the OECD accountability of public policy making indicators, Denmark remains under the OECD

average as regards conflict of interest safeguards in practice, lobbying safeguards in practice (score 1 out of

9) while post-employment integrity for ministers and top officials is not tracked.

Law Nr 1436 from 29 June 2021 on the protection of whistleblowers.

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.

Contribution received from Transparency International in the context of the country visit to Denmark.

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 and further regulation in connection with the Act; According to

European Parliament’s Flash Eurobarometer: News & Media Survey 2022, Denmark is among top 6 Member

States where citizens demonstrate the highest trust in public TV and radio stations (incl. online).

Denmark ranks 3

in the 2023 Reporters without Borders World Press Freedom Index compared to 2

in the

previous year.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

ethics and that relevant complaints can be addressed to the independent Press Council

established by law

109

. Since June 2022, a working group composed of representatives of the

media industry has been working

110

to update the advisory rules of sound press ethics, which

were last revised in 2013

111

. The revision should, among other things, take into account

technological developments and create more openness about the working methods of editorial

media. In line with the political Media Agreement for 2022-2025

112

, a committee has also been

set up under the Ministry of Culture and the Ministry of Justice to examine the future role of

the Danish Press Council and a possible creation of a new media ombudsperson to support it,

as explained in the 2022 Rule of Law Report

113

. The same committee will look at the

possibilities to update the current framework for media liability to fit the digital media reality,

including liabilities of influencers over the content that they upload online

114

The independence of the national regulatory authority and public service media have

remained stable.

Since the 2022 Rule of Law Report, no regulatory changes have been

reported regarding the media regulator - the Danish Radio and Television Board - or the two

Danish public service broadcasters, Danmarks Radio (DR), TV 2 DANMARK A/S and the

eight regional broadcasters

115

. Committee-level work has, however, been initiated with a view

to proposing a new composition of the DR’s board of directors, ensuring their professional

competences and independence

116

. 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

117

. The MPM 2023 regards the

independence of both the media authority and the public service media to carry low risk

scores

118

. Since the 2022 Rule of Law Report, no regulatory changes regarding transparency

of media ownership or restrictions to media ownership and concentration have been reported.

The MPM 2023 considers the plurality of media providers to constitute a high risk due to a

lack of media specific rules to prevent or limit concentration in the media sector

119

No further progress has been made regarding the revision of the Access to Public

Administrative Documents Act.

The 2022 Rule of Law Report recommended to Denmark to

“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

109

110

111

112

113

114

115

116

117

118

119

Section 34 of the Media Liability Act – Consolidating Act 2018-12-27 no. 1719.

Danske Medier (2022) Media industry sets up working group on updating press ethics rules following the

media agreement.

Pressenaevnet, the Press Ethical Rules.

Ministry of Culture (2022), Media Agreement for 2022-2025; following the formation of the new Government,

the committee’s work has been re-confirmed in the subsequent Media agreement for 2023-2026. Ministry of

Culture (2023) Media Agreement for 2023-2026, p. 15.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 12.

Ministry of Culture (2022) Minister for Culture appoints Media Responsibility Committee.

Written contribution from the Radio and Television Board for the 2023 Rule of Law Report; Input from

Denmark for the 2023 Rule of Law Report, pp. 17-18.

Ministry of Culture (2023) Media Agreement for 2023-2026, p. 8.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 13.

2023 Media Pluralism Monitor, country report for Denmark, p. 12 and 22.

2023 Media Pluralism Monitor, country report for Denmark, p. 16.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

documents”. As noted in the 2020, 2021 and 2022 Rule of Law Reports

120

, the Access to Public

Administrative Documents Act, which establishes a set of 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

exchanged at a time when a minister needs the advice and council of his staff

121

. Early elections

delayed progress with regard to negotiations that were mandated by a Parliament resolution in

2021

122

. A public consultation was held in summer 2022 and the newly formed Government

has announced its intention to establish an expert committee to prepare a proposal

123

, but there

is not yet any mandate or timeline publicly available. Heads of associations representing

Danish media companies and journalists have called upon politicians to ensure more

transparency, as access to information continues to be restricted in relation to the operation of

the administration

124

. As no concrete steps have been taken at this stage to reform the Access

to Public Administrative Documents Act, no progress can be reported on the implementation

of the recommendation made in the 2022 Rule of Law Report. The Parliamentary

Ombudsperson notes that there have been a number of complaints from journalists regarding

the long processing time of requests for acces to documents held particularly by the Ministry

of Health

125

The framework for the protection of journalists remains strong.

Stakeholders consider the

publication of the Danish national action plan on the safety of journalists mentioned in the 2022

Rule of Law Report

126

to be an important commitment from the state

127

. Since the 2022 Rule

of Law Report, the Council of Europe’s Platform to promote the protection of journalism and

safety of journalism did not publish any alerts concerning Denmark

128

. No strategic lawsuits

against public participation cases have been reported either

129

. Challenges for journalists are

particularly linked to budgetary cuts in local and regional papers

130

. To address this, journalists

have called for greater support from the Government in the renegotiated Media Agreement

131

120

121

122

123

124

125

126

127

128

129

130

131

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; 2022 Rule of Law Report, Country

Chapter on the rule of law situation in Denmark, p. 13-14.

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.

Input from Denmark for the 2023 Rule of Law Report, p. 19.

SN (2022) Openness is your only option to keep those in power at bay; Information received from the Danish

Media Association and the Danish Union of Journalists in the context of the country visit to Denmark.

Parliamentary Ombudsman (2023), Annual Report 2022, p. 5-6.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 14.

Only a few reports of harassment and threats were registered since the publication of the action plan.

Information received from the Danish Media Association and the Danish Union of Journalists in the context

of the country visit to Denmark.

Council of Europe, Platform to promote the protection of journalism and safety of journalists.

Input from The European Federation of Journalists for the 2023 Rule of Law Report, p. 23; Information

received from the Ministry of Justice, the Danish Union of Journalists, the Danish Press Council and the

Danish Media Association in the context of the 2023 country visit to Denmark.

Information received from the Danish Media Association and the Danish Union of Journalists in the context

of the country visit to Denmark.

Danish Union of Journalists (2022) Cuts cost many DJ members their jobs.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

At the same time, the MPM 2023 notes that journalists benefit from the protection of strong

unions and social security net

132

IV.

THER

NSTITUTIONAL

SSUES RELATED TO

HECKS AND

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

133

. The Parliamentary

Ombudsperson provides oversight on decisions by public authorities and the Danish Institute

for Human Rights monitors the respect of fundamental rights.

The working procedures of the Parliament continue to be underpinned by a strong

consensual culture and the current Government has committed to follow-up on a political

agreement to strengthen Parliament's scrutiny of the Government.

While Denmark has a

tradition of minority Governments, safeguards exist also for the opposition minority

134

. The

Danish political tradition has been based on seeking broad political consensus and the

governing coalition has committed to continue doing so and to strengthen Parliament's control

of the Government

135

. As noted in the 2021 Rule of Law Report, a report by the Standing

Orders Committee from March 2021

136

proposed a number of guidelines for the use of fast-

track proceedings and highlighted that draft legislation should contain a sunset clause

137

. For

the period from October 2021 until October 2022

138

, 228 proposals were submitted to

Parliament, 26 of which were fast-tracked. During the ongoing Parliamentary session 2022-

2023, 12 legislative proposals passed through fast-track proceedings, with four of these having

a sunset clause and a further three being temporary by their very nature

139

. The Government

132

133

134

135

136

137

138

139

2023 Media Pluralism Monitor, country report for Denmark, p. 12.

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.

The Danish parliamentary system provides the minority with specific safeguards, such as: a) one third of the

members of Parliament (i.e. 60 members) can demand a referendum on a passed bill before it can become law,

b) 72 members of Parliament can demand the postponement of the third reading of a bill until at least 12

weekdays after the second reading, c) one third of the Parliament’s Scrutiny Committee can demand a pre-

investigation in that committee, or d) 72 members of Parliament may demand that the Speaker summons

Parliament for a sitting. Written contribution from the Danish Parliament Standing Orders Committee in the

context of the country visit.

Danish Government (2022), Responsibility for Denmark, p. 48.

Standing Orders Committee (2021), Report concerning urgent consideration of government draft laws.

Fast-track procedures are defined as legislative proposals whose processing time from the day after submission

to the third reading in Parliament is less than 30 days. 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. Input from

Denmark for the 2023 Rule of Law Report, p. 21 and the 2022 Rule of Law Report, Country Chapter on the

rule of law situation in Denmark, p. 15.

The sessional year of the Parliament runs from the first Tuesday of October until the first Tuesday of October

the following year.

Situation as on 20 April 2023. According to the Ministry of Justice, the large number of legislative proposals

being fast-tracked during the Parliamentary session 2022-2023 was due to the parliamentary situation

following the general election of 1 November 2022 and the formation of the new Government on 15 December

2022. Written contribution from the Ministry of Justice in the context of the country visit.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

coalition announced in December 2022 that it will provide for fast-track legislative proposals

to come with a sunset clause of six months, if it would serve a legitimate aim, so that such

proposals would be re-examined under normal conditions if the law was to remain in force

140

In addition, in October 2022, the previous Government announced an Agreement to strengthen

Parliament's scrutiny of the Government and focus on trust in the political system

141

, which

also included the setting up of a Democracy Committee

142

. The Democracy Committee should

examine the division of responsibilities between ministers, the relationship between ministers

and civil servants, the role of special advisers and the framework for the work of the

Government and the civil service

143

. Following the elections in November 2022, the new

Government coalition committed to follow-up on the Agreement to strengthen Parliament's

scrutiny of the Government

144

The Parliamentary Ombudsman and the Danish Institute for Human Rights have

continued to carry out their mission independently and with adequate resources.

The

Parliamentary Ombudsman and the Institute for Human Rights, accredited with an A-Status

145

continue to have adequate resources and have not experienced any challenges to their

independence

146

. In terms of complaints received by the Parliamentary Ombudsman in 2022

147

140

141

142

143

144

145

146

147

Danish Government (2022), Responsibility for Denmark, p. 49 and input from Denmark for the 2023 Rule of

Law Report, p. 21.

The agreement foresaw the setting up of a Democracy committee, an obligation for the Government to consult

the Parliament on decisions of an extraordinary nature in crisis situations, and a new dialogue with the citizens

to restore confidence in the political system. The background have been public debates relating to a ruling by

the Court of Impeachment relating to the accountability of a former minister in December 2021, the second

report of the so-called Tibet Commission in March 2022 and the findings of the commission of scrutiny on the

culling of mink in June 2022. The agreement was concluded between the Government, the Socialist People’s

Party (Socialistisk Folkeparti), the Unity List party (Enhedslisten), Danish Social Liberal Party (Radikale

Venstre), and the Alternative (Alternativet). Ministry of Justice (2022), Agreement on reviewing the political

system and strengthening Parliament's scrutiny of the government and the 2022 Rule of Law Report, Country

Chapter on the rule of law situation in Denmark, p. 16 -17.

The Democracy Committee was one of the measures announced already on 1 July 2022 in a press conference

following the findings of the commission of scrutiny on the culling of mink. Prime Minister’s Office (2022),

Press meeting on Friday, 1 July 2022.

According to a mandate adopted in October 2022, the work would notably include: i) the organisation of the

Government and its work in Government committees, ii) organisation and conduct of work across ministries

and authorities in central government, iii) practices and framework for the work of the special advisers, iv)

participation of special advisers in Government committees and related work, v) framework for the civil

service's tasks in advising and assisting ministers, vi) civil service’s duty of obedience, in particular in the light

of its duties of legality, truthfulness and professionalism, including the duty to inform and the right and duty

to speak out, vii) civil service's assistance to ministers' use of social media, or viii) assistance by the civil

service to ministers' appearances in political party activities. Ministry of Justice (2022), Mandate for the

Committee on the organisation and framework for the work of Government and central administration.

Danish Government (2022), Responsibility for Denmark, p. 49.

The Danish Institute for Human Rights is the independent National Human Rights Institution accredited with

A-Status by the Global Alliance of National Human Rights Institutions (GANHRI). Contribution from the

Danish Human Rights Institute via ENNHRI for the 2023 Rule of Law Report, p. 191.

The Parliament allocated approximately EUR 12.8 million (DKK 95.3 million) in annual funding of the

Ombudsman institution in 2022. Input from Denmark for the 2023 Rule of Law report, p. 23. Information

received from the Parliamentary Ombudsman and the Danish Human Rights Institute in the context of the

country visit.

According to the Ombudsman’s data for 2022, the institution handled a total of 5 258 cases of which about

15% led to an investigation (787 cases, of which 217 full investigations and 570 shortened investigations).

Out of the 217 full investigations, 126 have led to criticism or recommendations. In 2022, the Parliamentary

Ombudsman opened 5 072 cases, which is lower by comparison to 5 643 cases in 2021. Parliamentary

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

most complaints concerned measures related to children and family matters, social benefits and

social services, environment and construction, and access to documents held by public

authorities

148

. The Parliamentary Ombudsman’s office and the Danish Institute for Human

Rights operate without experiencing any obstruction or refusal to cooperate by public

authorities and their recommendations are being regularly followed-up on

149

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

150

and provides for robust mechanisms for the involvement of civil society

organisations

151

. As a general rule, the operating space for civil society organisations is

considered safe and threats linked to the activities of civil society organisations are rarely

observed

152

. Nevertheless, the Danish Institute for Human Rights has made numerous

recommendations focused on the risks to the civic space posed by advanced surveillance

technologies used for police investigations or for intelligence services, possibly deterring civil

society actors from fully using their freedom of expression

153

. Some civil society umbrella

organisations have observed administrative obstacles in accessing financial services

154

and, in

September 2022, the Ministry of Culture published a survey report based on a mapping exercise

of bureaucratic burdens on voluntary organisations

155

. While the overall framework for

stakeholder consultation is generally considered as strong, the fact of occassionally having

short consultation periods

156

was raised by some stakeholders

157

. The Government coalition

148

149

150

151

152

153

154

155

156

157

Ombudsman (2023), Annual report 2022, p. 15 and 78, and information received from the Parliamentary

Ombudsman in the context of the country visit.

Parliamentary Ombudsman (2023), Annual report 2022, p. 13-19.

Information received from the Parliamentary Ombudsman and the Danish Human Rights Institute in the

context of the country visit to Denmark.

Rating given by CIVICUS, ratings are on a five-category scale defined as: open, narrowed, obstructed,

repressed and closed.

2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 16.

Information received from the Danish Human Rights Institute, Nyt Europa, Globalt Fokus and Dansk

Ungdoms Faellesraad in the context of the country visit.

Contribution from the Danish Human Rights Institute via ENNHRI for the 2023 Rule of Law Report, p. 193-

195.

This relates to requirements for associations in opening and operating bank accounts due to the fight against

financial crime, money laundering and terrorist financing, which had led to increased and stricter requirements

in recent years. Information received from the Dansk Ungdoms Faellesraad in the context of the country visit.

See also Various Danish umbrella associations (2021), Proposals to facilitate burdens on associations.

The objective of the survey (2 470 respondents replying to the entire questionnaire) was to map how volunteers

and association workers experience regulations, procedures and other types of requirements that taking up

time and effort in the daily life of the association. The survey was designed in cooperation with a number of

main organisations of associations (The Danish Sports Federation, DGI, Danish Corporate Sport, Danish

Youth Council and Danish Folkeoplysnings Samråd). Ministry of Culture (2022), Report - Summary of results

from questionnaire survey on Bureaucratic Burdens of Associations.

In the period 13 July 2022 to 13 April 2023, there were 105 public consultations on bills. Out of those 105

public consultations, 54 were shorter than four weeks. Out of these 54 bills, 40 legislative proposals were

subject to a consultation period shorter than 21 days, and 25 proposals were subject to a consultation period

shorter than 14 days. Written contribution received from the Ministry of Justice in the context of the country

visit to Denmark.

The frequency of shorter consultation periods experienced by stakeholders may also vary depending on the

specific area in which they are active. Information received from the Danish Human Rights Institute, Nyt

Europa, Globalt Fokus and Dansk Ungdoms Faellesraad in the context of the country visit.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

announced that they will focus on ensuring the observance of the indicative consultation period

of four weeks

158

On 1 January 2023, Denmark had three leading judgments of the European Court of

Human Rights pending implementation, the same number as the previous year

159

At that

time, Denmark’s rate of leading judgments from the past 10 years that remained pending was

at 60% (the same as the previous year) and the average time that the judgments had been

pending implementation was 1 year and 6 months (compared to 6 months in 2022)

160

. On 15

June 2023, the number of leading judgments pending implementation remains three

161

The awareness of a rule of law culture is actively being promoted.

The Danish Court

Administration operates a

learning website with digital teaching courses

162

. The website features

a mixture of interactive content aimed to be of relevance to young people's everyday life

163

While it is primarily aimed at pupils, students, and teachers, it is available for all citizens to

explore and learn more about the court system

164

. In addition, the rule of law is regularly

debated at the annual Democratic Festival of Denmark, a platform for democratic dialogue

between civil society, politicians, business, media, universities, and citizens

165

. At that festival,

the National Court Administration prepared a broad debate and interaction between members

of the public, decision makers and judges, including a mock trial and debates on data ethics

and the protection of the citizens’ data

166

158

159

160

161

162

163

164

165

166

Danish Government (2022), Responsibility for Denmark, p. 48.

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 2023. See the Contribution from the European

Implementation Network for the 2023 Rule of Law Report, p. 3.

Data according to the online database of the Council of Europe (HUDOC-EXEC).

www.kenddinret.dk.

Input from Denmark for the 2023 Rule of Law Report, p. 28.

The

Folkemødet

festival features more than 2 000 political events by 650 different organisations. It is

considered an important democratic event in Denmark for informal meetings and dialogue between decision

makers and citizens. More than 50 000 citizens, parliamentarians, NGOs, business representatives and

grassroot organisations met up and exchanged view on the Danish society during the four-day festival in June

2022. At that festival, the National Court Administration prepared a broad debate and interaction between

members of the public, decision makers and judges, including a mock trial and debates on data ethics and the

protection of the citizens’ data. Input from Denmark for the 2023 Rule of Law Report, p. 28-29.

Input from Denmark for the 2023 Rule of Law Report, p. 28-29.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Annex I: List of sources in alphabetical order*

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report

can be found at

https://commission.europa.eu/publications/2023-rule-law-report-targeted-

stakeholder-consultation_en.

Advokatwatch (2023) Long-awaited legal aid and free legal aid committee is idle: "It's a scandal"

(Længe

ventet udvalg for retshjælp og fri proces ligger brak: "Det er en skandale"),

https://advokatwatch.dk/Advokatnyt/Politik/article15354167.ece.

Advokatwatch (2023) Minister overhears protests and puts legal aid committee on hold (Minister

overhører

protester

lægger

haltende

retshjælpsudvalg

dvale),

https://advokatwatch.dk/Advokatnyt/Politik/article15477206.ece.

Altinget (2023) Justitia: More video conferencing and fewer judges can reduce case processing time in

courts (Justitia:

Flere videomøder og færre domsmænd kan nedbringe sagsbehandlingstiden ved

domstolene),

https://www.altinget.dk/embedsvaerk/artikel/justitia-flere-videomoeder-og-faerre-

domsmaend-kan-nedbringe-sagsbehandlingstiden-ved-

domstolene?toke=8ad8cbd4ac4047fca591f6f8377bdfa6.

Bar and Law Society (2023) Finance law paves the way to reduce court waiting times (Finanslov

baner

vej for at nedbringe ventetiderne ved domstolene),

https://www.advokatsamfundet.dk/nyheder-

medier/nyheder/2023/finanslov-baner-vej-for-at-nedbringe-ventetiderne-ved-domstolene/.

Berlingske Tidende (2023), Commentary: You can't come before a judge. The calendar system can't set

a date that far in the future (Du

kan ikke komme for en dommer. Kalendersystemet kan ikke sætte en

dato så langt ud i fremtiden),

https://www.berlingske.dk/kronikker/du-kan-ikke-komme-for-en-

dommer-kalendersystemet-kan-ikke-saette-en-dato.

Centre for Media Pluralism and Media Freedom (2022),

Media pluralism monitor 2022 – country report

on Denmark.

Copenhagen district court (2023), Case processing times at Copenhagen City Court increase,

https://www.domstol.dk/koebenhavn/aktuelt/2023/1/sagsbehandlingstiderne-ved-koebenhavns-byret-

stiger/

Copenhagen Economics (2022), Judiciary at breaking point: What will it cost to reduce case processing

times?,

https://copenhageneconomics.com/wp-content/uploads/2022/10/Domstole-i-knae-oktober-

2022.pdf

Council of Europe, Platform to promote the protection of journalism and safety of journalists

https://coe.int/en/web/media-freedom.

Danish Government (2022), Responsibility for Denmark

https://www.stm.dk/media/11768/regeringsgrundlag-2022.pdf.

(Ansvar

for

Danmark)

Danish Government (2023), Input from Denmark for the 2023 Rule of Law Report.

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 (2023), Committee on Legal Affairs, Annexes 147, 185 and 212:

https://www.ft.dk/samling/20222/almdel/REU/bilag/147/index.htm

https://www.ft.dk/samling/20222/almdel/REU/bilag/185/index.htm

https://www.ft.dk/samling/20222/almdel/REU/bilag/212/index.htm.

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.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Danish Union of Journalists (2022), Cuts cost many DJ members their jobs (Nedskæringer

koster mange

DJ-medlemmer

jobbet)

https://journalistforbundet.dk/nyhed/nedskaeringer-koster-mange-dj-

medlemmer-jobbet.

Danske Medier (2022), Media industry sets up working group on updating press ethics rules following

the media agreement (Mediebranche

nedsætter arbejdsgruppe om opdatering af presseetiske regler

ovenpå medieaftalen)

https://danskemedier.dk/forside/mediebranche-nedsaetter-arbejdsgruppe-om-

opdatering-af-presseetiske-regler-ovenpaa-medieaftalen/.

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.

ENNHRI (2023), Contribution from the Danish Human Rights Institute via ENNHRI for the 2023 Rule

of Law Report.

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 Rule of Law Report, Country Chapter on the rule of law situation

in Denmark.

European Commission (2022),

2022 EU Justice Scoreboard.

European Federation of Journalists (2023), Input from the European Federation of Journalists for the

2023 Rule of Law Report.

European Parliament (2022),

Flash Eurobarometer: News & Media Survey 2022,

EB-ID

2832/FL011EP

https://europa.eu/eurobarometer/surveys/detail/2832.

GRECO (2022),

Third evaluation round, Addendum to the Second Compliance Report on Denmark

1680a8353f (coe.int).

GRECO (2021),

Fifth evaluation round – Compliance report on Preventing corruption and promoting

integrity in central governments (top executive functions) and law enforcement agencies.

Justitia

(2023),

Status

Report:

Legal

Certainty

content/uploads/2023/01/Statusrapport_retssikkerhed-2022.pdf.

2022,

https://justitia-int.org/wp-

Justitia (2023) Timeline: Pre-legislative committee on legal aid and free trial has been postponed again

(Tidslinje:

Lovforberedende udvalg om retshjælp og fri proces er udsat igen),

https://justitia-

int.org/tidslinje-lovforberedende-udvalg-om-retshjaelp-og-fri-proces-er-udsat-igen/.

Jyllands Posten (2022), Commentary: Waiting times at courts must be brought down significantly

(Ventetider

ved

domstolene

skal

bringes

markant

ned),

https://jyllands-

posten.dk/debat/breve/ECE14531228/ventetider-ved-domstolene-skal-bringes-markant-ned/.

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 Culture (2023), Media Agreement for 2023-2026 (Medieaftale

for 2023-2026: Samling om

frie

medier

stærkt

dansk

indhold)

https://kum.dk/fileadmin/_kum/1_Nyheder_og_presse/2023/Medieaftale_for_2023-

2026__Samling_om_frie_medier_og_staerkt_dansk_indhold_-_TG.pdf.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Ministry of Culture (2022), Minister for Culture appoints Media Responsibility Committee

(Kulturminister nedsætter Medieansvarsudvalg)

https://kum.dk/aktuelt/nyheder/kulturminister-

nedsaetter-medieansvarsudvalg.

Ministry of Culture (2022), Report - Summary of results from questionnaire survey on Bureaucratic

Burdens

Associations

https://kum.dk/fileadmin/_kum/1_Nyheder_og_presse/2022/KUM_Foreningsrapport_SEP_TG.pdf.

Ministry of Justice (2022), Agreement on reviewing the political system and strengthening Parliament's

scrutiny of the government (Aftale

om eftersyn af det politiske system og styrkelse af Folketingets

kontrol med regeringen),

https://www.justitsministeriet.dk/pressemeddelelse/aftale-om-eftersyn-af-

det-politiske-system-og-styrkelse-af-folketingets-kontrol-med-regeringen-2/.

Ministry of Justice (2022), Mandate for the Committee on the organisation and framework for the work

of government and central administration (Kommissorium

for udvalget om organiseringen af og

rammerne for regeringens og cen- traladministrations arbejde (Demokratiudvalget)),

https://www.justitsministeriet.dk/wp-content/uploads/2022/10/Kommissorium-for-

Demokratiudvalget.pdf.

Ministry of Justice (2022), New committee headed by Thomas Rørdam to support political negotiations

on courts (Nyt

udvalg med Thomas Rørdam i spidsen skal understøtte politiske forhandlinger om

domstolene),

https://www.justitsministeriet.dk/pressemeddelelse/nyt-udvalg-med-thomas-roerdam-i-

spidsen-skal-understoette-politiske-forhandlinger-om-domstolene/.

Ministry of Justice (2023) Government: Extraordinary funding to combat the backlog of cases in the

courts in the run-up to new multi-year agreement (Regeringen:

Ekstraordinær bevilling skal bekæmpe

sagsbunkerne

ved

domstolene

frem

mod

flerårsaftale),

https://www.justitsministeriet.dk/pressemeddelelse/regeringen-ekstraordinaer-bevilling-skal-

bekaempe-sagsbunkerne-ved-domstolene-frem-mod-ny-fleraarsaftale/.

National Court Administration (2023), Long processing times continued in 2022 (Fortsat

lange

sagsbehandlingstider

2022),

https://www.domstol.dk/aktuelt/2023/3/fortsat-lange-

sagsbehandlingstider-i-2022/.

National Courts Administration (2023), Revised plan for digitisation of criminal and probate areas

(Revideret

plan

for

digitalisering

straffe-

skifteområderne),

https://www.domstol.dk/aktuelt/2023/1/revideret-plan-for-digitalisering-af-straffe-og-

skifteomraaderne/.

Office for Democratic Institutions and Human Rights (2022),

ODIHR Election Expert Team Final

Report

541356.pdf (osce.org).

OECD (2023),

Public Integrity Indicators

Denmark (oecd-public-integrity-indicators.org).

OECD (2023),

Working Group on Bribery, Phase 4 evaluation of Denmark

denmark-phase-4-report.pdf

(oecd.org).

Parliamentary

Ombudsman

(2023),

Annual

https://www.ombudsmanden.dk/find/nyheder/alle/beretning_2022/.

report

2022,

Prime Minister’s Office (2022), Press meeting on Friday, 1 July 2022 (Pressemøde

fredag den 1. juli

2022),

https://www.stm.dk/presse/pressemoedearkiv/pressemoede-fredag-den-1-juli-2022/.

Pressenaevnet, the Press Ethical Rules:

https://www.pressenaevnet.dk/press-ethical-rules/.

Reporters without Borders – Denmark

https://rsf.org/en/denmark.

SN (2022), Openness is your only option to keep those in power at bay (Åbenhed

er din eneste mulighed

for at holde magthaverne i ørerne)

https://www.sn.dk/sjaelland/aabenhed-er-din-eneste-mulighed-for-

at-holde-magthaverne-i-oererne/.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Transparency

International

(2022),

Exporting

Corruption

2022,

https://images.transparencycdn.org/images/2022_Report-Full_Exporting-Corruption_EN.pdf.

Transparency International Denmark’s (2022),

Announced reform of political party financing,

Brev-til-

Transparency-International-om-partistoette.pdf.

Transparency International (2023),

Corruption Perceptions Index 2022.

Various Danish umbrella associations (2021), Proposals to facilitate burdens on associations (Forslag

til

lette

byrder

for

foreninger),

https://finansdanmark.dk/media/t3jhullt/idekatalogforeninger_2021.pdf.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)

Annex II: Country visit to Denmark

The Commission services held virtual meetings in February 2023 with:



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

Globalt Fokus

Judges Association

Justitia

Ministry of Business

Ministry of Culture

Ministry of Justice

National Audit Office

National Court Administration

Nyt Europa

Parliamentary Ombudsman

Prosecution Service, including the National Special Crime Unit and the State

Prosecutor for Special Crime Unit

Standing Orders Committee of the Parliament

Supreme Court

Transparency International Denmark

* The Commission also met the following organisations in a number of horizontal meetings:



ALDA (European Association for Local Democracy)

Amnesty International

Civil Liberties Union for Europe

Civil Society Europe

Culture Action 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

Front Line Defenders

ILGA Europe

International Commission of Jurists

International Federation for Human Rights (FIDH)

International Planned Parenthood Federation European Network

EUU, Alm.del - 2022-23 (2. samling) - Bilag 624: Kommissionens årlige rapport om retsstatssituationen i EU (engelsk)



International Press Institute

JEF Europe

Osservatorio Balcani e Caucaso Transeuropa

Philea

Reporters Without Borders

SOLIDAR

Transparency International EU