kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

Europaudvalget 2023-24
KOM (2024) 0800 Bilag 1
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EUROPEAN

COMMISSION

Brussels, 24.7.2024

SWD(2024) 804 final

COMMISSION STAFF WORKING DOCUMENT

2024 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

2024 Rule of Law Report

The rule of law situation in the European Union

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kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

BSTRACT

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

Government submitted a proposal to Parliament to strengthen the public’s perception of the

Director of Public Prosecutions’ independence by establishing a mandate period of ten years

without the possibility of extension or reappointment. The courts continue the phased rollout

of the multi-annual judicial digitalisation project. An agreement on a multi-annual financial

framework has provided for notable increases in financial and human resources for the justice

system. As an additional flanking measure for the judiciary’s resources, the Government has

proposed a number of amendments to procedural rules, aimed at improving the efficiency of

court proceedings. The review of the legal aid system, commenced in 2020, is yet to be

completed. However, the trend of increasing average case handling times has so far

continued.

Denmark is perceived as one of the least corrupt countries in the world. A first sectoral anti-

corruption programme was adopted specifically in the framework of the implementation of

the Recovery and Resilience Plan. Significant steps were taken to collect data on

investigations and prosecutions of corruption offences at national and local level. No steps

have been neither taken in view of introducing rules on revolving doors for ministers, on

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

functions. Shortcomings were raised with regard to the integrity rules in the Parliament. The

law on public financing of political parties has entered into force, while the reform on private

financing of political parties has not yet been concluded. Foreign bribery is considered as a

high risk area for corruption.

While discussions regarding the future role of the Press Council and of media liability are

ongoing, the ethical rules for the press have been revised. Even though the independence of

the national regulatory authority and public service media continue to be assured, an

agreement has been reached on how to reduce the potential for political interference in public

service media. A committee has been established tasked with proposing amendments to the

law on access to documents. The Government has put a focus on financial support for local

and regional media, but the situation regarding the safety of journalists lacks transparency.

The follow-up on a political agreement to strengthen scrutiny of the Government is ongoing.

The data on use of fast-track legislative procedures confirms the decreasing trend after the

pandemic. The Danish Institute for Human Rights has amended its internal rules to strengthen

the independence of its Board of Directors. The civic space in Denmark remains open, even

though certain segments of civil society experience difficulties in securing stable financing.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

ECOMMENDATIONS

Overall, concerning the recommendations in the 2023 Rule of Law Report, Denmark has

(made):

•

Fully implemented the recommendation 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.

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.

Significant progress on ensuring the collection of data on investigations and prosecutions

of corruption-related offences at national and local level.

Some 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:

•

Complete the review of the legal aid system, taking into account European standards on

legal aid.

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.

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.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

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 Courts

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 King)

. 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 Director of Public Prosecutions

. 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, 83% of the general population and

88% of companies perceived the level of independence of courts and judges to be ‘fairly or

very good’ in 2024

. The level of perceived judicial independence among the general public

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.

The Board of the National Courts Administration is composed of twelve members: a Supreme Court judge

nominated by the Supreme Court, two high court judges nominated by the Eastern High Court and Western

High Court respectively, a court president nominated by the presidents of the district courts, two district

court judges nominated by the Danish Association of Judges, a representative of the other judicial staff

nominated by the Danish Association of Deputy Judges, two representatives for the administrative staff

nominated by trade unions, a lawyer nominated by the Bar and Law Society, two members with managerial

and societal insight nominated by the Employment Council and the Rectors' College, respectively.

Members are appointed by the Minister for 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 2024 EU Justice

Scoreboard, the percentage of women in the top judicial positions is below 30%. Figure 38, 2024 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 Director of Public Prosecutions is appointed by the executive (formally the King) on recommendation of

the Minister for Justice following approval of the Governments’ Recruitment Board and can be dismissed on

a motivated recommendation of the Minister for Justice (in the latter case the recommendation is submitted

directly to the King). The Minister for 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 51 and 53, 2024 EU Justice Scoreboard and Figures 50 and 52, 2022 EU Justice Scoreboard. The

level of perceived judicial independence is categorised as follows: very low (below 30% of respondents

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

has decreased in comparison with 2023 (86%), as well as with 2020 (86%). The level of

perceived judicial independence among companies has increased in comparison with 2023

(85%), as well as with 2020 (80%)

The Government submitted a proposal to Parliament to strengthen the public’s

perception of the Director of Public Prosecutions’ independence by limiting the

mandate period to ten years, without the possibility of extension or reappointment.

The

Director of Public Prosecutions is appointed by the executive (formally the King). Before the

appointment, the candidate must be approved by Government’s Hiring Committee, based on

a recommendation from the Minister for Justice

and is currently in office on a fixed-term

basis, with the possibility of extension and reappointment

. In March 2024, the Government

submitted a proposal to Parliament to amend the Civil Servants Act

, so that the Director of

Public Prosecutions would be appointed for a fixed-term period of ten years without the

possibility of extension or reappointment

. In the considerations for the proposal, which also

took into account European standards

, the Government noted that a single long-term

mandate ensures the continuous development and renewal necessary for a high-ranking

management position. This would as well limit questions about whether the conduct of the

Director of Public Prosecutions was driven by a desire for extension or reappointment,

thereby strengthening the public perception of his/her independence

. On 11 June 2024, the

law was adopted and entered into force on 1 July 2024.

Quality

The Danish courts continue the phased rollout of the multi-annual judicial digitalisation

project.

Procedural rules allowing digital technology in courts in civil and commercial cases

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%).

81% of the companies in Denmark are either fairly or very confident that their investments are protected by

the law and courts in the Member State. Only 5% of the surveyed companies see the quality, efficiency or

independence of justice as one of the main reasons for concern about investment protection in the country.

Figures 55 and 56, 2024 EU Justice Scoreboard.

The Government’s Hiring Committee consisting of the Prime Minister, the Minister of Defense, the Minister

for Foreign Affairs, the Minister for Finance and the Minister for Economic Affairs. Written contribution

from the Prosecution Service in the framework of the country visit to Denmark and figure 62, 2023 EU

Justice Scoreboard.

Legislative proposal 2023/1 LSF 135 on the Act amending the Act on Civil Servants.

Ibidem.

In determining the length of the period of employment, it has been taken into account that the period will

give the individual Director of Public Prosecutions sufficient time to familiarise him/herself with the

position and make his/her mark on it and ensure the necessary continuity and consolidation. Legislative

proposal 2023/1 LSF 135 on the Act amending the Act on Civil Servants.

According to European standards, the Prosecutor General should not be eligible for reappointment, at least

not by either the legislature or the executive. There is a potential risk that a prosecutor seeking re-

appointment by a political body will act in such a manner as to obtain the favour of that body or, at the very

least, be perceived as such. A Prosecutor General should be appointed either permanently or for a relatively

long period without the option of renewal upon its expiration. The period of office should not coincide with

Parliament’s term in office. This would ensure the greater stability of the prosecutor and make him or her

independent of current political change. Venice Commission, Independence of the Judicial System, Part II:

The Prosecution Service, CDL-AD(2010)040, paragraph 37. See also Opinion No.9 (2014) of the

Consultative Council of European Prosecutors to the Committee of Ministers of the Council of Europe on

European norms and principles concerning prosecutors, paragraph 56.

Ibidem.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

are fully in place, but some gaps remain for administrative and criminal proceedings

. While

there was some progress on arrangements for producing machine-readable judicial

decisions

, the digital solutions to conduct and follow court proceedings in criminal cases

remain very limited

. As noted in the 2023 Rule of Law Report, the National Courts

Administration is successively developing and deploying a new digital platform for

processing criminal and probate cases

. Two of the six releases – a public platform for

probate cases and a system to review fines – have already been deployed and the third release

for compulsory dissolution has been rolled out in June 2024

. The last of the six releases is

planned for 2026.

Following an agreement on a multi-annual financial framework, the recommendation to

ensure adequate human and financial resources for the justice system has been fully

implemented.

The 2023 Rule of Law Reports recommended 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’

. In November

2023, the Danish Government and the political parties represented in Parliament concluded a

multiannual agreement on the financing of the judiciary for the period 2024-2027

. The

agreement provides for approximately EUR 306.8 million (about DKK 2.3 billion) for the

justice system over the period 2024-2027, aimed at supporting the multi-annual efforts to

address the case-handling challenges faced by courts

. The agreement will finance the

continuation of existing grants amounting to approximately EUR 133.4 million (around DKK

1.0 billion) and new initiatives of approximately EUR 173.4 million (about DKK 1.3

billion)

. These new initiatives concern primarily bringing down the case-handling times in

courts through the appointment of more judges and other staff

, increasing courtroom

capacity

, and strengthening IT support

. Towards the end of the 2024-2027 multi-annual

Figure 43, 2024 EU Justice Scoreboard.

Figure 50, 2024 EU Justice Scoreboard and figure 48, 2023 EU Justice Scoreboard.

Figure 48, 2024 EU Justice Scoreboard.

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

of the estate of the deceased was rolled out in November 2022 and the second phase concerning the handling

of uncontested fines was released in June 2023. 2023 Rule of Law Report, Country Chapter on the rule of

law situation in Denmark, p. 4, and input from Denmark for the 2024 Rule of Law Report, p. 11.

The future releases will, among other, include case management systems for the rest of the estate probate

cases and criminal cases. Input from Denmark for the 2024 Rule of Law Report, p. 11 and National Courts

Administration (2024) Updated release plan for the fines and probate programme.

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 2. In 2023 the

Commission concluded that ‘some progress’ had been made on the recommendation addressed in the 2022

Rule of Law Report.

The parties to the agreement highlighted that the finances of the courts have so far been determined in

administrative multi-year agreements. However, they noted further that the challenges in the courts called for

the Parliament to take joint responsibility for the development in a broad political multi-year agreement that

continues to safeguard the independence and special role of the courts in society. Ministry of Justice (2023)

Agreement on the courts' finances 2024-2027, p. 1 and input from Denmark for the 2024 Rule of Law

Report, p. 6.

Input from Denmark for the 2024 Rule of Law Report, p. 6.

Ibidem.

The parties to the agreement expressed the clear goal of putting an end to the long waiting times in courts,

which affects legal certainty, and access to justice for individuals and businesses. Ministry of Justice (2023)

Agreement on the courts' finances 2024-2027, p. 1.

The agreement notes that across the court districts, there are increasing challenges in finding available

courtroom capacity for the organisation of hearings in major cases within the courts' current premises. This

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

agreement and ahead of the next multi-annual agreement, there will be a follow-up on the

overall implementation and developments in case processing

. The significant increase in

financial allocations for the period 2024-2027 was welcomed by stakeholders

, although

some have indicated potential challenges in recruiting judges required for implementing the

agreement

. Against the above background, the recommendation made in the 2023 Rule of

Law Report has been fully implemented.

The Government has proposed a number of amendments to procedural rules, aimed at

improving the efficiency of court proceedings.

In parallel to the multi-annual agreement on

the financing of the judiciary, the Government and all political parties in Parliament have

agreed to simplify several procedural rules to improve the efficiency of court proceedings,

based on recommendations from two expert committees

, namely the

ad hoc

Rørdam

Committee

and the Standing Committee on Procedural Law

. On the basis on the work of

these two committees, the parties to the multiannual agreement decided to endorse targeted

measures aimed at streamlining certain elements of the administration of justice, notably

concerning criminal and civil cases, which are estimated to lead to savings of approximately

EUR 6.7 million (DKK 50 million) once fully phased in

. The proposals touched upon a

number of aspects, including raising appeal thresholds in civil procedure cases

, increasing

is partly due to an increasing number of complex and lengthy criminal cases with many defendants, which

has contributed to trials with long scheduling and case processing times. Ibidem, p. 2.

The initiatives envisaged relate to strengthened cyber and information security, stable IT operations and

modernisation of the system portfolio, and efficient audiovisual support for court hearings. Ibidem, p. 4. In

addition, it is envisaged to allow courts to hire as many qualified judges as possible under the agreement's

budget to reduce the backlog in criminal and civil cases. Similarly, funds will be allocated for the

recruitment of additional deputy judges and clerks, that will also contribute to reduce the courts' case

processing times. The agreement also envisages that, while new judges are recruited and trained, the age

limit for retired judges who can be still called upon to work would be raised from 72 to 74 years. Ministry of

Justice (2023) Agreement on the courts' finances 2024-2027, p. 2.

Ministry of Justice (2023) Agreement on the courts' finances 2024-2027, p. 6.

Information received from the Danish Judges Association, the Bar and Law Society, the National Courts

Administration and Justitia in the context of the country visit to Denmark.

Information received from the Danish Judges Association and the National Courts Administration in the

framework of the country visit to Denmark. The first part of the implementation started already began in

autumn 2023, when the National Courts Administration launched the work to recruit 12 additional judges for

2024. National Courts Administration (2024), 2023 Annual Report, p. 5. Over the next four years of the

multiannual agreement, in total 25-30 new judges would be needed, with more recruited to replace those

retiring during that period. Written contribution received from the National Courts Administration in the

framework of the country visit to Denmark.

Ministry of Justice (2023) New agreement: All parliamentary parties want to change the developments in the

courts.

Ministry of Justice (2023) Report from the committee for the preparation of a new multi-year agreement for

the courts. As part of its work, a committee chaired by a former president of the Supreme Court Thomas

Rørdam has also dealt with more structural issues such as the structure and specialisation of the courts,

which the committee has recommended that an in-depth analysis be carried out. The parties to the agreement

therefore agree to initiate committee work on this in the coming multi-annual agreement period. Ministry of

Justice (2023) Agreement on the courts' finances 2024-2027, p. 2.

Ministry of Justice (2023) Catalogue of recommendations to reduce processing time in civil cases in the

courts.

Ministry of Justice (2023) Simplifications to the administration of justice.

An increase in the threshold for appeals to the High Court in civil cases from (from DKK 20 000 to DKK

50 000). Appeals will continue to be possible in all cases with the permission from the Appeals Permission

Board. Ibidem.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

the limits for small claims cases

, sentencing when a defendant fails to appear in court

distinguishing between cases with lay judges and a jury

, and reconsidering appeal limits in

criminal cases

. While stakeholders have generally welcomed the aim to streamline court

procedures to bring down case-handling times, some of them expressed concerns with regard

to certain proposals, as they touch upon access to justice; in particular, they voiced concerns

about raising thresholds for appeal (referring to the value of the object of dispute) in civil

procedure cases and for small claims cases, sentencing in defendant’s absence or

distinguishing between cases with lay judges and a jury

. On 11 June 2024, the law was

adopted and entered into force on 15 June 2024

The review of the legal aid system, commenced in 2020, is yet to be completed.

already stated in previous Rule of Law Reports, in response to a number of studies conducted

by stakeholders and highlighting certain weaknesses in the functioning of the legal aid

system, in April 2020, the Ministry of Justice set up a pre-legislative committee to review the

existing legal aid system

. The committee was initially expected to present its results by

summer 2022, however, its work had been delayed, firstly due to the pandemic and then

when it was put on hold in March 2023 during the negotiations on the multiannual agreement

This includes increasing the amount limit for small claims cases from approximately EUR 6 700 to about

13 400 (from DKK 50 000 to DKK 100 000). Ibidem.

The proposal provides for the possibility to deliver a sentence of up to one year imprisonment in cases where

the defendant fails to appear in court without a legal reason and the court does not consider the defendant's

presence necessary (while currently, this is possible for imprisonment sentences for up to 6 months) or to

conduct a case without the presence of the defendant when the case extends over several days and the

defendant fails to appear without a legal reason after the first hearing. Ibidem.

The proposals include the possibility to limit the involvement of lay judges for cases with a prison sentence

of more than 30 days. In addition, lay judges, in the same way as jurors, would not participate in other legal

actions or decisions during the case other than the question of guilt and the determination of the penalty.

Furthermore, it would include raising the limit for jury trials from four to six years of imprisonment. Ibidem.

The proposals included raising the amount for appealing fine cases to the High Court without permission

from the Appeal Permissions Board from DKK 6 000 to DKK 20 000, or that fine cases with driving

disqualification require a permission from the Appeal Permissions Board to the same extent as in fine cases

without driving disqualification. Ibidem.

The Bar and Law Society considered that the reforms have a significant negative impact on access to justice

and a very low economic benefit. In particular, it expressed concerns with regard to: i) increased limits for

the small claims process, which will make it more difficult for citizens to get assistance from a lawyer and

coverage from their legal aid insurance, ii) the higher threshold for appeals in civil cases making it difficult

for justified claims to be tried at more than one level, and iii) raising the limit for jury trials from four to six

years of imprisonment, where in the past year there was an increase in jury cases due to political choices to

increase the penalty framework for a number of offenses and changing the limit on jury trials decreases the

access to justice for the defendant. The Danish Institute for Human Rights found that a number of initiatives

considered by Rørdam the committee entailed setbacks in terms of legal certainty, notably expanding the use

of judgments in defendant’s absence and processing certain criminal cases without lay judges. The Institute

is also concerned about raising the current threshold for when a civil case can be appealed to a High Court

without permission from the Appeals Permission Board. Contribution from the Danish Human Rights

Institute via ENNHRI for the 2024 Rule of Law Report, pp. 1-2. The Confederation of Danish Industry also

considered that increasing the appeals threshold in civil cases would have a negative impact on access to

justice. Similar concerns on access to justice, including on small claims cases, were expressed by Justitia.

Information received from the Confederation of Danish Industry and Justitia in the context of the country

visit to Denmark, and Bar and Law Society (2024) Consultation on the draft act implementing the multi-year

agreement for the courts 2024-27.

In the adopted law, the limit for small claims cases was not increased for housing law cases.

2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 4-5, and 2023 Rule

of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 6-7.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

on the financing of the judiciary

. As noted in the 2021 Rule of Law Report

, criticisms of

the current system raised by the Bar and Law Society and Justitia, a think tank working on

judicial issues, relate in particular to the access to legal aid offices (including regional

disparities), legal aid in administrative matters, as well as the need to clarify the legal

insurance scheme. The Ministry of Justice informed that, following the multiannual financing

agreement, it is now re-evaluating the process for the further work regarding the legal aid

system. The conclusions of the re-evaluation are expected to be completed in the third quarter

of 2024, while national stakeholders continue urging the Government to proceed with the

work

Efficiency

The trend of increasing average case handling times has continued.

The number of

incoming civil and commercial litigious cases at first instance increased in 2022 (0.8 cases

per 100 000 inhabitants compared to 0.7 cases in 2021)

. Furthermore, the estimated time

needed to resolve litigious civil and commercial cases at first instance has continued an

increasing trend from 238 days in 2021 to 268 days in 2022

, whereas the rate of resolving

litigious civil and commercial cases continued to decrease (from 98% in 2021 to 93% in

2022)

. According to the National Courts Administration, the trend of recent years continued

in 2023 with growing backlogs and consequently longer case handling times at the courts

In 2023, the district courts received a total of almost 278 000 incoming civil and criminal

cases

, the highest number ever

. The National Courts Administration expects that while in

2024 the case processing times will be at a level comparable to that of 2023 or slightly

increasing, the considerable financial allocations will eventually reduce the case processing

times in Danish courts

. In order to ensure fast case processing while new judges are being

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

judiciary had been finalised, it was expected that the framework for the pre-legislative committee will be

reviewed and the work continued. Ibidem.

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

The Bar and Law Society has recently called upon the Government to resume the work on the legal aid

reform, also in view of the impact that raising the limits for small claims cases will have on individuals and

their access to justice. Bar and Law Society (2024) Our most vulnerable citizens are left to languish in the

legal aid crisis.

Figure 3, 2024 EU Justice Scoreboard.

Figure 6, 2024 EU Justice Scoreboard.

Figure 11, 2024 EU Justice Scoreboard.

National Courts Administration (2024), 2023 Annual Report, p. 6.

The Bar and Law Society emphasised that the prolonged case handling times does in some cases lead to

charged persons being held in pre-trial detention for very long periods of time. Contribution Bar and Law

Society and Bar and Law Society (2024) Denmark holds a near European record for pre-trial detention - and

no one knows why.

Compared to 2022, this is an increase of about 12 000 cases. The largest increase, at close to 16%, occurred

in civil cases. At the same time, there was a marginal decrease in the average case processing time for civil

cases in 2023, with an average case processing time of 7.3 months for all types of civil cases, namely civil

cases with and without a main hearing. The average case processing time continued to increase in the

resource-intensive criminal cases with lay judges and was at around nine months by the end of 2023. The

same applied to the criminal cases without lay judges, where the average processing time was also around

nine months. National Courts Administration (2024), 2023 Annual Report, pp. 6-7.

This is due, among other things, to the fact that the courts must first deal with the older backlogs, and that

the simplifications in the administration of justice that were decided upon together with the multi-year

financing agreement, will only come into force and take effect during 2024. National Courts Administration

(2024) High activity at the courts in 2023.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

recruited and trained, the age limit for how long a retired judge may be called upon has been

raised from 72 to 74 years

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) has both investigative and prosecution competences as

regards corruption offences 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 also for corruption offences.

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

corrupt countries in the world.

In the 2023 Corruption Perceptions Index by Transparency

International, Denmark scores 90/100 and ranks 1

in the European Union and globally

This perception has been relatively stable over the past five years

. The 2024 Special

Eurobarometer on Corruption shows that 26% of respondents consider corruption widespread

in their country (EU average 68%) and 4% of respondents feel personally affected by

corruption in their daily lives (EU average 27%)

. As regards businesses, 17% of companies

consider that corruption is widespread (EU average 65%) and 6% consider that corruption is

a problem when doing business (EU average 36%)

. Furthermore, 24% of respondents find

that there are enough successful prosecutions to deter people from corrupt practices (EU

average 32%)

, while 53% of companies believe that people and businesses caught for

bribing a senior official are appropriately punished (EU average 31%)

A first sectoral anti-corruption programme was adopted specifically in the framework

of the implementation of the Recovery and Resilience Plan.

Denmark does not have an

In order to ensure speedy case processing while new judges are being recruited and trained, a legislative

amendment allowed raised the age limit for how long a retired judge can work as a call-on judge from 72 to

74 years. This measure was implemented by Act No. 1553 of 12 December 2023. Written contribution

received from the National Courts Administration in the framework of the country visit to Denmark.

Transparency International, Corruption Perceptions Index 2023 (2024). The level of perceived corruption is

categorized 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 2019 the score was 87, while, in 2023, the score is 90. The score significantly increases/decreases when it

changes more than five points; improves/deteriorates (changes between 4-5 points); has been relatively

stable (changes from 1-3 points) in the last five years.

Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer

data on citizens’ corruption perception and experience is updated every year. The previous data set is the

Special Eurobarometer 534 (2023).

Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer

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

Eurobarometer 524 (2023).

Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).

Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

overarching anti-corruption strategy or a specialised agency dealing with anti-corruption

issues

. Coordination of the anti-corruption matters continues to be carried out on a case-by-

case basis by the Ministry of Justice

. The Ministry of Finance adopted an anti-corruption

programme limited to the implementation of activities under the national Recovery and

Resilience Plan and a roadmap for effectively introducing internal controls. As a result, the

Ministry of Finance adopted the Recovery and Resilience Facility anti-fraud and anti-

corruption strategy. The implementing bodies then adopted an action plan setting out the

detailed timeline of how the strategy will be effectively introduced into their internal control

systems. According to the authorities, this sectoral national programme stemming from the

audits on Recovery and Resilience Plan projects does not extend beyond those projects. The

authorities continue to consider an absence of an overall anti-corruption strategy appropriate

to the national situation

. This conclusion is not shared by a civil society organisation that

continues to raise the need for a strategic framework

There has been significant progress on collecting data on investigations and

prosecutions of corruption offences at national and local level.

The 2023 Rule of Law

Report recommended Denmark to ‘ensure the collection of data on investigations and

prosecutions of corruption offences at national and local level’. As mentioned in the 2023

Rule of Law Report

, the only reported data covered rare cases of a complex or cross-border

nature handled by the National Special Crime Unit (SCU) and the State Prosecutor for

Special Crime Unit (SPSCU) at the central level

, and on final judgments concerning bribery

handled at the central level. In 2024, the authorities provided data from all 13 police districts

in Denmark on the number of reports, charges and judgments regarding corruption offences.

The data was extracted from the POLSAS system, Denmark's national case processing and

management system, where a case is processed from the time of reporting to the final verdict.

As POLSAS is not a statistics system, the data contained therein are dynamic and cannot be

In accordance with the UN Convention Against Corruption ratified by Denmark in 2006, States shall ‘ensure

the existence of a body or bodies, as appropriate, that prevent corruption’ (Article 6 of UNCAC) and ‘ensure

the existence of a body or bodies or persons specialized in combating corruption through law enforcement’

(Article 36 of UNCAC), as well as ‘develop and implement or maintain effective, coordinated anti-

corruption policies that promote the participation of society and reflect the principles of the rule of law’

(Article 5 of UNCAC). The United Nations Convention Against Corruption (UNCAC) adopted in October

2003 and entered into force in December 2005.

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 for Justice has the

general oversight of the police and prosecutors. Written input from Denmark for the 2024 Rule of Law

Report.

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

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

According to OECD Denmark fulfils 7% of standard OECD criteria on the quality of its strategic framework

and 7% for implementation in practice, compared to the OECD average of 45% and 36%, respectively.

OECD Anti-Corruption and Integrity Outlook 2024 – Country Notes – Denmark.

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 10.

In November 2023 the SCU initiated an evaluation regarding the scope and nature of the cases that are

assessed as medium-sized cases of complex financial crime. The purpose of this exercise is to define and

assign those cases to the appropriate service. The results are expected to be available in the second half of

2024. The evaluation consists of interviews with relevant employees and managers in SCU, as well as the

chief prosecutors and commanders from all the Danish regional police districts. The interview output is

combined with management information on the assessment of cases assigned to SCU. Written contribution

from theDirector of Public Prosecutions, SCU, SPSCU in the context of the country visit to Denmark.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

considered final

. This may explain the large differences between 2022 and 2023 in number

of registered reports, charges and judgments for bribery offences

or abuse of office

. There

are currently three ongoing cases on foreign bribery

. As the POLSAS system, meant

primarily for handling cases, allows also data extraction on investigations, prosecutions and

adjudication in relation to corruption offences both at national and local level, there has been

significant progress on the implementation of the recommendation made in the 2023 Rule of

Law Report.

The law on public financing of political parties has entered into force, while the reform

of the rules on private financing of political parties has not yet been concluded.

On 1

January 2024, the law concerning public financing of political parties entered into force

. As

mentioned in the 2023 Rule of Law Report

, negotiations in relation to private financing of

political parties are ongoing

, in view of addressing the issue of multiple and anonymous

donations, and to introduce sanctions for breaching the rules on the political parties’

framework. No further steps have been reported since June 2023

. The gaps in private

political party financing were also subject of recommendations issued by GRECO

OECD

, as well as the observation report by the Organisation for Security and Co-operation

in Europe (OSCE) on the November 2022 elections

There has been no progress towards introducing rules on revolving doors for ministers,

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

executive functions.

The 2023 Rule of Law Report recommended to Denmark to ‘introduce

Ibidem.

These cover bribery offences in the public sector under sections 122 and 144 of the criminal code and

bribery in the private sector under section 299 of the criminal code. There were in 2023 156 registered

reports compared to 14 in 2022 and 133 charges brought compared to 14 in 2022, while there were 17

judgments in 2023 compared to 280 in 2022. To also note that the amount of recorded judgments in 2022

were very large compared to the 13 in 2021 and 9 until June 2024.

These cover sections 155 to 157 of the criminal code. There were in 2023 835 reports registered compared to

612 in 2022 as well as 907 charges brought compared to 431 in 2022, while the number of judgments

increased to 638 compared from 85 in 2022.

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

Political Parties Funding Act No. 7 of 8 January 2024 and the Annual Accounts of Political Parties Act no.

1188 of 27 September 2023.

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 11-12.

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

Danish Parliament Website. Statement from the Minister.

GRECO remains concerned by the issue of anonymous donations, lack of transparency as to the value of

certain donations, lack of sufficient supervision of political financing, lack of independent and substantial

monitoring in respect of the funding of political parties and electoral campaigns and raise the need to

accompany the yet-to-be-established rules 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 appropriate checks of party accounts.

GRECO Third Evaluation Round – Addendum to the second compliance report on Denmark.

As measured against OECD standards on political finance, Denmark fulfils 40% of criteria for regulations

but only 14% for practice, compared to the OECD average of 73% and 58%, respectively. There are no bans

on anonymous donations below DKK 23 600 (3166 €), contributions from foreign states or enterprises, or

publicly owned enterprises. Additionally, political parties are not required to report their finances during

electoral campaigns. OECD Anti-Corruption and Integrity Outlook 2024 – Country Notes – Denmark.

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.

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rules on “revolving doors” for ministers and on lobbying, and ensure adequate control of

asset declarations submitted by persons entrusted with top executive functions’

. The long-

standing recommendations of GRECO, namely to enhance the integrity for ministers and top

executive functions

, to address the lack of regulation regarding lobbying

and revolving

doors

, remain unaddressed and this continues to be criticised by some member of civil

society and academia

. While the authorities consider that the current rules work well and do

not see the need for any new initiatives in this area

, they noted that no data on the

implementation of rules on lobbying, asset disclosure and gifts policy is available

. In

parallel, as already mentioned in the 2022 Rule of Law Report

, also in 2023 the media

reported on cases

of politicians and officials switching positions between the public and the

private sector (in the defence

, pharmaceutical

and energy sectors

), which raised

concerns of public opinion on the lack of the rules on appropriate ethical standards

Research also shows that the cases of potential conflicts of interest are high

and that the

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 2. In 2023 the

Commission concluded that ‘no progress’ had been made on the recommendation addressed in the 2022 Rule

of Law Report.

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.

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

the Ministry of Justice. As measured against OECD standards on lobbying, Denmark fulfils 0% of the

criteria for regulations and 11% for practice, compared to the OECD average of 38% and 35%, respectively.

As measured against OECD standards on conflict of interest, Denmark fulfils 33% of criteria for regulations

and 11% for practice, compared to the OECD average of 76% and 40%, respectively. OECD Anti-

Corruption and Integrity Outlook 2024 – Country Notes – Denmark.

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

to the President of the Parliament there are also issues linked to constitutional constraints and the belief that

informal self-regulation may be more effective than formalised rules and procedures. Letter from the

President of the Danish Parliament to Transparency International Denmark. Transparency International

Denmark. Altinget, ‘Professor: Never has the need for insight into the lobbying world been greater’, 29

September 2023.

Input from Denmark for the 2024 Rule of Law Report, p. 14.

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

In June 2023, the permanent secretary of the Ministry of Finance took a new position as CEO in the Danish

Pension Funds. This fund works closely with the Ministry of Finance to finance public infrastructure.

Politiken, Permanent Secretary moves to private business, 15 May 2023.

At least 17 former top officers from the Danish Armed Forces took jobs as lobbyists, advisers or board

members for the arms and defense industry directly after their retirement. Politiken, ‘The work of former top

officers is worrying: ‘Right now, the Armed Forces may be exposed to the perfect storm’, 16 June 2023.

The special advisor to the Minister of Health comes directly from a position in public affairs from NOVO

which has a strong position in the pharmaceutical industry. Politiken, ‘12 top officials take golden revolving

door between state and Novo Nordisk – ‘worrying’, says expert’, 28 August 2023.

The minister for energy and climate is a former director of one of the industry organisations from the Energy

Sector.

Politiken, ‘Transparency President: An exit strategy for elected officials should block the path from politics

to lobbying’, 21 April 2023.

The survey shows that 47 percent of the ministers were in a potential conflict of interest when they switched

to the private sector, this applied to 71 and 67 percent for department heads and agency directors,

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creation of the lobby register is crucial

. Although certain rules exist in this area with regard

to Ministers

, the authorities do not monitor those cases

. As no specific action has been

taken or is planned on revolving doors for ministers, lobbying and asset declarations for

persons entrusted with top executive functions, it is considered that there is no progress on

the implementation of the recommendations made in the previous years.

Shortcomings were raised with regard to the integrity rules in the Parliament.

In a

report published in August 2023, GRECO underlined that the implementation of

recommendations with regard to Members of Parliament is still outstanding. These relate, in

particular, to the non-existence of ethical standards in the form of a code of conduct,

especially since in the absence of a code, no practical implementation measures have been

taken and no supervision system is in place. GRECO also recalled the need to develop the

public registration system of occupations and financial interests of the Members of

Parliament

The current rules regarding whistleblowers are being implemented while only few cases

concern corruption.

Based on the whistleblowing framework

, the Director of Public

Prosecutions reported that out of 147 whistleblower reports processed in 2023 by the external

whistleblower channel in the Danish Data Protection Agency, only two cases were forwarded

to the police and neither of these concerned corruption

. Transparency International

Denmark has taken up the task, foreseen in the future as an annual exercise, of evaluating the

functioning in practice of the whistleblowing framework after the first year of its entry into

force

Foreign bribery is considered as a high risk area for corruption.

The Flash

Eurobarometer on Businesses’ attitudes towards corruption in the EU shows that 13% of

companies in Member States (EU average 27%) think that corruption has prevented them

from winning a public tender or a public procurement contract in practice in the last three

years

. As reported in the 2023 Rule of Law Report

100

, foreign bribery cases are

respectively. Altinget, ‘Permanent secretaries and ministers in a bind? So many have made a job change with

a possible conflict of interest’, 14 May 2024.

Currently, it is difficult to gain insight into who is actually seeking political influence and how successful the

various actors are. This is reinforced by the fact that lobbying takes place in far more arenas than before and

by the fact that the alliances are more diverse. Altinget, ‘Professor: Never has the need for insight into the

lobbying world been greater’, 29 September 2023.

According to the rules, ministers are required to resign any occupations in private or public companies,

undertakings or institutions upon taking office. In addition, all new ministers receive a ministerial handbook,

which is updated regularly and contains the relevant regulation regarding governmental work, including

rules on conflicts of interest, secondary employment, gifts and other benefits. 2021 Rule of Law Report,

Country Chapter on the rule of law situation in Denmark, pp. 6-7.

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

GRECO Fourth Evaluation Round on Denmark – Third Interim Compliance Report, pp. 3-4.

Law 1436 of 29 June 2021 on the protection of whistleblowers, which entered into force on 17 December

2021.

Information received in the context of the country visit to Denmark from the Director of Public Prosecutions.

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

Transparency International Denmark. Whisteblowing in the wind. The report is foreseen as an annual

exercise.

Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). This is 14

percentage points below the EU average.

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 11.

100

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insufficiently investigated and prosecuted in Denmark. According to the OECD Working

Group on Bribery, Denmark does not give sufficient priority to preventing, detecting and

sanctioning foreign bribery

101

and many of the OECD recommendations remain to be

addressed by the authorities

102

, as well as those of GRECO

103

relating mainly to the legal

framework. While the authorities do not report any new areas with high risks of corruption,

the OECD assessment of March 2023 emphasises the need for an assessment of the foreign-

bribery risks faced by Danish companies, which has not yet been carried out

104

. The necessity

of addressing the foreign bribery concerns is also shared by a civil society organisation

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

While the discussions regarding the future role of the Press Council and of media

liability are ongoing, the ethical rules for the press have been revised.

As of 1 January

2024, the revised ‘Guidelines for good press practice’ apply. They were published jointly by

the Danish Union of Journalists and the Danish Media Association and address, among

others, the issue of content created by artificial intelligence or real-time dissemination of

sensitive information

109

. As noted in the 2023 Rule of Law Report, a committee has been set

up to examine the future role of the Press Council and the possibilities to update the current

framework for media liability towards the digital media reality

110

. The committee is expected

101

102

103

104

105

106

107

108

109

110

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

Those recommendation concern mainly enforcing the foreign bribery offence, in particular lack of proactive

assessment of foreign bribery allegations brought by other sources, not using the full range of investigative

techniques available, lack of a comprehensive application of the corporate liability framework, lack of

conducting financial investigations as well as lack of sufficient resources to handle foreign bribery cases.

OECD Anti-Bribery Convention Phase 4 Report: Denmark.

GRECO Third Evaluation Round – Addendum to the second compliance report on Denmark, p. 4.

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

According to Transparency International, countries ranking high on the CPI are not doing enough to combat

transnational corruption in which they are deeply complicit. Pending anti-money laundering reforms have

the potential to extend regulation to professionals, such as accountants, real estate agents and lawyers whose

services are in high demand by foreign corrupt officials. According to Transparency International, key

solutions are close supervision of rules and ensuring appropriate enforcement of the anti-bribery rules.

Transparency International, CPI 2023: Trouble at the top, 30 January 2024.

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

the European Parliament’s Flash Eurobarometer: News & Media Survey 2023, p. 44, Denmark is among the

top 4 Member States where citizens demonstrate the highest trust in public TV and radio stations (incl.

online).

Denmark ranks 2

in the 2024 Reporters without Borders World Press Freedom Index compared to 3rd in

the previous year.

Dansk Journalistforbund and Danske Medier (2024), Guide on the Ethical Guidelines for the Press.

See 2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 14.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

to present its recommendations in 2024. Its recommendations will provide the basis for

subsequent discussions at political level

111

. According to stakeholders one of the main issues

concerns the possible setting up of a media Ombudsperson and whether this institution should

be appointed by the media sector or by the State

112

. The future media Ombudsperson could

support the work of the Press Council, for instance by submitting complaints to the Press

Council on its own initiative and by contributing to good journalistic practice through

opinion-forming, media ethics debates and initiatives

113

. The Press Council is considered to

be sufficiently funded

114

Even though the independence of the national regulatory authority and public service

media continue to be assured, an agreement has been reached on how to reduce any

possible political interference into public service media.

Since the 2023 Rule of Law

Report, no regulatory changes have been reported regarding the media regulator

115

– the

Radio and Television Board – or the two Danish public service broadcasters, Danmarks

Radio (DR) and TV 2 Danmark, which would have an impact on their independence. The

Media Pluralism Monitor (MPM) 2024 considers the risk regarding the independence of both

the media authority and the public service media to be low

116

. As outlined in the renewed

Media Agreement 2023-2026

117

adopted in June 2023, the Ministry of Culture established a

committee in August 2023 to explore a potential revision to the composition of the DR’s

board of directors. The aim was to reduce any possible political interference and strengthen

its professional competence, as well as its civic anchoring

118

. The committee, which consisted

of seven members, with five of them being selected for their professional experience,

including regarding work on a board of directors or regarding media

119

, issued its

recommendations in April 2024. Subsequently a political agreement was reached which,

among others, lay out new competence-based criteria, which must be the basis for the

appointments by the Minister of Culture and by the Parliament; the new criteria are expected

to enter into force by 2027

120

. The board presently counts eleven members, three of which are

appointed by the Ministry of Culture, six by the Parliament and two by the employees of

121

. Since the 2023 Rule of Law Report, no regulatory changes regarding transparency of

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

The concentration level among audiovisual media owners is very high, which in combination

111

112

113

114

115

116

117

118

119

120

121

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

Information received from the Danish Media Association in the context of the country visit to Denmark.

Written contribution from the Ministry of Culture in the context of the country visit to Denmark, p. 13;

information received from the Danish Union of Journalists and the Press Council in the context of the

country visit to Denmark. While the Danish Union of Journalists welcomes the idea because it could give the

Press Council more visibility, the latter is more sceptical about the added value of an Ombudsperson. See

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

Information received from the Press Council in the context of the country visit to Denmark. The Press

Council is funded by contributions from public service and private media providers.

Contribution from the Radio and Television Board for the 2024 Rule of Law Report.

2024 Media Pluralism Monitor, country report for Denmark, pp. 12, 20.

Ministry of Culture, Media Agreement 2023-2026, p. 8. The Media Agreement has been concluded by the

Government and the main political parties.

Information received from the Ministry of Culture in the context of the country visit to Denmark; see already

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 14.

Ministry of Culture (2023), Terms of Reference for the committee on a new appointment model for DR’s

Board of Directors, pp. 2-3.

Written contribution from the Danish Government in the context of the country visit to Denmark.

DR (2023), DR’s Board of Directors.

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

leads the MPM 2024 to a high-risk assessment regarding the plurality of media providers

122

Some progress has been made regarding the reform of access to documents, with the

establishment of a committee tasked with proposing amendments to the relevant law.

The 2023 Rule of Law Report recommended to Denmark to ‘[a]dvance 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’

123

. Following

calls from the media sector and an announcement made already in 2022

124

, the Ministry of

Justice, in February 2024, set up a committee on amending the Access to Public

Administrative Documents Act. The committee consists of 17 members chosen from among

government officials, academia, and representatives of the media

125

. It will address one of the

main issues of the current law, as it has been identified by stakeholders

126

and the past

editions of the Rule of Law Report

127

, namely granting a wider access to the political

decision-making process

128

. The Committee is also expected to consider whether media

representatives should be given priority in the processing of their access to documents

requests

129

. The parliamentary groups will be invited to take stock of the committee’s

progress in the second half of 2024

130

. In light of the above, some progress has been made on

the recommendation made in the 2023 Rule of Law Report.

The Government has put a focus on the financial support for local and regional media,

but the situation concerning the safety of journalists lacks transparency.

As incidents

affecting journalists tend not to be reported, it is difficult to have a clear picture of the

situation regarding the safety of journalists

131

. This has led the Danish Union of Journalists to

call for a new push of the action plan

132

which was adopted in 2022 and was meant to

facilitate journalists’ reporting of any harassment or threats

133

. The action plan is now

122

123

124

125

126

127

128

129

130

131

132

133

2024 Media Pluralism Monitor, country report for Denmark, p. 17.

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 2, 14-15. In the

2023 Rule of Law Report, the Commission concluded that no further progress had been made on the

recommendation.

See 2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 15.

Ministry of Justice (2024), The Minister for Justice sets up a committee to look into the Access to Public

Administrative Documents Act.

Information received from the Danish Union of Journalists, the Press Council and Nyt Europa in the context

of the country visit to Denmark.

2020, 2021, 2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark,

p. 10 (for 2020); p. 10 (for 2021), pp. 13-14 (for 2022), p. 15 (for 2023).

Ministry of Justice (2024), Agreement on the establishment of a Preparatory Committee on the amendment

of the Access to Public Administrative Documents Act.

Ministry of Justice (2024), The Minister for Justice sets up a committee to look into the Access to Public

Administrative Documents Act. This question is supposed to address the issue of processing times (written

contribution from the Government in the context of the country visit to Denmark, p. 15), which has been

complained about as well by the Danish Media Association in the context of the country visit to Denmark.

By law there is a delay of seven working days in ordinary cases, with a complaint possible after 14 working

days, § 39 of the Access to Public Administrative Documents Act.

Ministry of Justice (2024), The Minister for Justice sets up a committee to look into the Access to Public

Administrative Documents Act.

Information received from the Danish Union of Journalists in the context of the country visit to Denmark.

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

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

considered to lack a binding element and the necessary commitment from the media sector

134

An incident was reported on the Council of Europe Platform to promote the protection of

journalism and safety of journalists, and it consists of a call for attacks against the President

of the Union of Journalists including revealing her private address on the X platform in

September 2023; the police has opened an investigation

135

. The Media Freedom Rapid

Response project cites three further incidents involving threats and vandalism

136

. On the other

hand, no strategic lawsuits against public participation (SLAPPs) have been identified

137

Answering calls from media stakeholders

138

, the renewed Media Agreement 2023-2026 put a

focus on greater financial support of local and regional (print and online) media as well as of

magazines with journalistic content

139

. Furthermore, the Media Agreement provides for the

establishment of a committee to discuss media support mechanisms that are neutral regarding

the distribution technology. The committee is expected to issue recommendations in the first

half of 2025

140

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

141

. The

Parliamentary Ombudsperson provides oversight on decisions by public authorities and the

Danish Institute for Human Rights monitors the respect of fundamental rights and is also the

national equality body.

The follow-up on a political agreement to strengthen scrutiny of the Government is

ongoing.

In the 2023-2024 parliamentary year, there have been no fast track legislative

procedures, which confirms the decreasing trend in the use of such procedures after the

pandemic

142

. As regards the previously announced initiatives on parliamentary oversight of

134

135

136

137

138

139

140

141

142

Information received from the Danish Union of Journalists in the context of the country visit to Denmark.

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

no. 221/2023. The only other alert published since the last Rule of Law Report concerns campaigns telling

lies about several journalists in articles and ads on the Meta platforms.

See European Centre for Press and Media Freedom, Mapping Media Freedom, Denmark country profile.

Information received from the Danish Union of Journalists, the Press Council and the Danish Media

Association in the context of the country visit to Denmark. According to the Press Council, one effect

contributing to this could be the request by the Bar Association not to represent plaintiffs in SLAPPs.

See 2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 15. Stakeholders

reiterated that the financial situation of local and regional media would be particularly dire: information

received from the Danish Union of Journalists and the Press Council in the context of the country visit to

Denmark.

Ministry of Culture (2023), Media Agreement 2023-2026; information received from the Danish Union of

Journalists and the Ministry of Culture in the context of the country visit to Denmark.

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

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.

Situation up until 15 March 2024. The parliamentary year starts on the first Tuesday in October and

concludes on the day preceding the first Tuesday of October in the following year. 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. Information received from the Ministry of Justice in the context of the

country visit to Denmark and input from Denmark for the 2024 Rule of Law Report, p. 22. In Denmark, only

6% of the surveyed companies perceive the frequent changes in legislation or concerns about quality of law-

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

the executive, there has not yet been any follow-up on the measures committed to by the

Government. As noted in the 2023 Rule of Law Report

143

, the Government coalition

committed to follow-up on the agreement to strengthen Parliament’s scrutiny of the

Government

144

. This agreement foresaw the setting up of a Democracy committee

145

, an

obligation for the Government to consult the Parliament on decisions of an extraordinary

nature in crisis situations, and a new dialogue with citizens to strengthen confidence in the

political system. According to the Ministry of Justice, political discussions on how to follow-

up on these initiatives were initiated in the summer of 2023

146

. A further Government

coalition’s commitment on greater scrutiny

147

was to set up a commission of inquiry to

investigate the decision to “send home” leading employees in the Danish Defence

Intelligence Service in August 2020. The Ministry of Justice established the commission of

inquiry on 1 October 2023

148

regarding the decision to “send home” leading employees in the

Danish Defence Intelligence Service and its mandate was expanded on 13 June 2024

149

; in

parallel, on 7 December 2023, a proposal to establish a commission of scrutiny within

143

144

145

146

147

148

149

making process as a reason for the lack of confidence in investment protection. Figure 56, 2024 EU Justice

Scoreboard.

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 16 -17.

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. The new Government took that commitment over

in its programme. The background were 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. Danish Government (2022), Responsibility for Denmark, p. 49, Ministry of Justice (2022), Agreement

on reviewing the political system and strengthening Parliament's scrutiny of the government, and 2023 Rule

of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 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. 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. Prime Minister’s Office (2022), Press meeting on Friday, 1 July 2022 and Ministry of

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

and central administration.

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

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

The law establishing the commission of inquiry was adopted by Parliament on 30 May 2023 and in October

2023, the Minister for Justice established the commission composed of three High Court judges. Subsequent

developments related to the expansion of the commission of inquiry’s mandate, notably on 1 November

2023, the Minister for Justice accepted the recommendations of the Director of Public Prosecutions not to

pursue criminal cases against two individuals concerned. This followed after the Danish Defence

Intelligence Service had informed the prosecution that, in view of the Supreme Court's rulings on 12 October

2023, it was not justifiable from a security perspective to present the classified information in court cases.

Danish Parliament (2023) Proposal for an act to amend the act on the investigation of the decision to

repatriate senior employees of the Danish Defence Intelligence Service.

The Government’s coalition parties (Social Democrats, Liberals and Moderates) and the Socialist People’s

Party entered into an agreement on 6 December 2023 to expand the mandate of that commission of inquiry

to investigate whether improper considerations were taken into account in connection with the intelligence

services' and the Prosecution Service’s initiation and organisation of the investigation and prosecution in two

criminal cases against former Head of the Danish Defence Intelligence Service, Lars Findsen, and former

Minister of Defence, Claus Hjort Frederiksen. The agreement states that, in the light of the considerable

public debate and speculation about the handling of the cases against two individuals and those cases not

being pursued, the handling of the cases will be investigated by expanding the mandate of the commission of

inquiry. Ibidem and Danish Parliament (2024) Adopted proposal for an act to amend the act on the

investigation of the decision to repatriate senior employees of the Danish Defence Intelligence Service.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

Parliament on the same matter did not find sufficient support

150

. With regard to improving the

quality of legislation, the Government, following a public consultation, has updated and

expanded its Guidance on Quality of Legislation

151

, also to reflect some of the commitments

from its coalition programme, which has been overall welcomed by stakeholders

152

On 1 January 2024, Denmark had three leading judgments of the European Court of

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

153

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

decreased to 50% (compared to 60% in 2023) and the average time that the judgments had

been pending implementation was 2 years (compared to 1 year and 6 months in 2023)

154

. As

regards the respect of payment deadlines, on 31 December 2023 there were no cases awaiting

confirmation of payments (the same as in 2022)

155

. On 1 July 2024, the number of leading

judgments pending implementation had increased to four

156

The Danish Institute for Human Rights has amended its internal rules to strengthen the

independence of its Board of Directors.

The Danish Institute for Human Rights,

accreddited with A-Status

157

, reported that the state authorities continue to sufficiently ensure

its independence

158

. On 6 October 2023, the Institute’s by-laws were amended, at the

150

151

152

153

154

155

156

157

158

The motion on a commission of scrutiny received 66 votes in favour and 102 votes against. A commission of

scrutiny can carry out focused investigations on specific matters of general importance. In comparison with

the commissions of inquiry, their scope is more narrowly defined, and their results are expected to be

delivered within a year of their establishment. Furthermore, the commissions are set up under the control of

Parliament, instead of under a Ministry as in the case of commissions of inquiry. 2021 Rule of Law Report,

Country Chapter on the rule of law situation in Denmark, p. 13. Danish Parliament (2023) Proposal for a

parliamentary resolution on the launch of a commission of scrutiny on the FE matter.

The guidance covers the entire work on a legislative proposal. This encompasses the stages from assessing

the necessity of passing legislation to following up on the adopted law. The guidance thus covers the

preparation of contributions to the legislative programme, the drafting of the proposal, the assessment of the

proposal in relation to the legislative powers and general principles of law, the submission to other

ministries, public consultation, the proceeding of the proposal in the Government and in the Danish

Parliament, the confirmation of the adopted proposal and the promulgation of the law as well as the

preparation of executive orders. Ministry of Justice (2023) Guidance on Quality of Legislation.

Information at meeting with Nyt Europa and Globalt Fokus. See also public consultation replies by the

Danish Institute for Human Rights, Justitia, and the Bar and Law Society: Danish Institute for Human Rights

(2023), Response to consultation on draft new Guidance on Quality of Legislation, Justitia (2023), Response

to consultation on draft new Guidance on Quality of Legislation, Bar and Law Society (2023), Response to

consultation on draft new Guidance on Quality of Legislation.

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 2024. See the Contribution from the

European Implementation Network for the 2024 Rule of Law Report, p. 3.

Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court of

Human Rights – 17

Annual Report of the Committee of Ministers – 2023, p. 137.

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

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). The last re-accreditation

took place in October 2018. Contribution from the Danish Human Rights Institute via ENNHRI for the 2024

Rule of Law Report, p. 4.

Contribution from the Danish Human Rights Institute via ENNHRI for the 2024 Rule of Law Report, p. 5.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

initiative of the its Board of Directors, to strengthen the independence of the Institute’s

governance structure by providing that a Board member has to resign if elected to the Danish

or Greenlandic Parliament

159

. The Parliamentary Ombudsman

160

and the Institute for Human

Rights continue to be considered as having adequate resources

161

The civic space in Denmark remains open, even though certain segments of civil society

experience difficulties in securing stable financing.

The civic space in Denmark continues

to be considered as open

162

and civil society organisations can exercise their activities within

a safe and stable framework for their operation

163

. As a general rule, the operating space for

civil society organisations is considered safe

164

, though organisations dealing with LGBTIQ

topics are more likely to experience physical, verbal or online harassment, and organisations

representing ethnic or religious minorities may face negative narratives and smear

campaigns

165

. In terms of financial support for civil society organisations, in March 2024,

eleven organisations called attention to their uncertain operation after learning that their

funding may be subject to retroactive cuts of approximately EUR 3.5 million (DKK 26

million)

166

. While the overall framework for stakeholder consultation is generally considered

as strong, certain stakeholders

167

raised concerns about the perception of an accelerated pace

of legislative activity and occasional short consultation periods

168

. The 2023 Rule of Law

159

160

161

162

163

164

165

166

167

168

Contribution from the Danish Human Rights Institute via ENNHRI for the 2024 Rule of Law Report, p. 5.

According to the Ombudsman’s data for 2023, the institution handled a total of 6 064 cases of which about

13.6% led to an investigation (824 cases, of which 199 full investigations and 625 shortened investigations).

Out of the 199 full investigations, 92 have led to criticism or recommendations. In 2023, the Parliamentary

Ombudsman received 6 167 cases, the highest number of cases ever received; this did not have an impact on

the processing times. Parliamentary Ombudsman (2024), Annual report 2023, pp. 5 and 72.

In view of the growing number of complaints, the budget of the Parliamentary Ombudsman had been

increased. Information received from the Parliamentary Ombudsman and the Danish Human Rights Institute

in the context of the country visit.

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

repressed and closed.

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

contribution received from Dansk Ungdoms Fællesråd and European Civic Forum (2024), Civic Space

Report 2024 – Denmark (Nyt Europa), pp. 142-143.

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

Ungdoms Fællesråd in the context of the country visit.

Public consultation contribution by Nyt Europa and Globalt Fokus.

The organisations concerned pointed out that if effected, the cuts would have major consequences, such as

the closure of efforts that help immigrants, refugees in employment, minority ethnic children and young

people, as well as LGBT+ people with a minority background. It could also affect efforts helping fathers

with a minority background, women, men and children exposed to violence and negative social control, as

well as efforts supporting people who have left sectarian and radicalised environments. Via Ritzau (2024)

Press release by 11 civil society organisations ‘Civil society organisations risk losing millions of kroner for

integration efforts’. Nyt Europa and Globalt Fokus also referred to examples of cuts in public funding for

civil society organisations working for fundamental rights and freedom from discrimination and the cutting

of funding for an LGBTIQ organisation in the 2023 Financial Bill. Public consultation contributions by Nyt

Europa and Globalt Fokus.

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 Nyt Europa, Globalt Fokus and Dansk

Industri in the context of the country visit.

Between 3 October 2023 (beginning of the current parliamentary year) and up until 5 March 2024, 122 out

of 127 proposals submitted to Parliament have been in public consultations. The public consultations on 14

of the 122 legislative proposals were shorter than four weeks; in its programme, the Government has

committed, in general, to observe a four-week consultation period. The average public consultation time for

those 14 proposals was 16.5 days. Written contribution received from the Ministry of Justice in the context

of the country visit to Denmark.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

Report noted that some civil society organisations had observed administrative obstacles in

accessing financial services, notably in opening bank accounts

169

. To address this issue,

legislation was proposed to ensure easier access to opening a bank account for associations

and providing that financial service providers can deny opening their accounts only in very

specific cases, such as suspected money laundering

170

169

170

2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 18.

Public consultation contribution by Nyt Europa and Globalt Fokus. European Civic Forum (2024), Civic

Space Report 2024 – Denmark (Nyt Europa), p. 138.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

Annex I: List of sources in alphabetical order*

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report

can be found at

https://commission.europa.eu/publications/2024-rule-law-report-targeted-

stakeholder-consultation_en.

Bar and Law Society (2024) Consultation on the draft act implementing the multi-year agreement for

the courts 2024-27 (Høring

over udkast til lov om ændring af retsplejeloven, straffeloven, lov om

fuldbyrdelse af straf mv., færdselsloven og flere andre love (Gennemførelse af flerårsaftale for

domstolene

2024-27

m.v.),

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

advokatsamfundet/advokatradet/horingssvar-liste/2024/2023-3972-strafferets-og-procesretsudvalget/.

Bar and Law Society (2024) Denmark holds a near European record for pre-trial detention – and no

one knows why (Danmark

har næsten europarekord I at varetægtsfængsle – og ingen ved hvorfor),

https://www.advokatsamfundet.dk/nyheder-medier/nyheder/2024/danmark-har-naesten-europarekord-

i-at-varetaegtsfaengsle-og-ingen-ved-hvorfor/.

Bar and Law Society (2023), Response to consultation on draft new Guidance on Quality of

Legislation (Høring

over udkast til vejledning om lovkvalitet),

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

advokatsamfundet/advokatradet/horingssvar-liste/2023/2023-2466-grundrettighedsudvalget/.

Bar and Law Society (2024) Our most vulnerable citizens are left to languish in the legal aid crisis

(Vores

svageste

borgere

syltes

den

nødlidende

retshjælp),

https://jyllands-

posten.dk/debat/kronik/ECE16912873/vores-svageste-borgere-syltes-i-den-noedlidende-retshjaelp/.

Centre for Media Pluralism and Media Freedom (2024),

Media pluralism monitor 2024, Country

report for Denmark.

Council of Europe,

Platform to promote the protection of journalism and safety of journalists –

Denmark,

https://fom.coe.int/en/pays/detail/11709504.

Danish Government (2022), Responsibility for Denmark

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

(Ansvar

for

Danmark),

Danish Government (2024),

Input from Denmark for the 2024 Rule of Law Report.

Danish Government (2024),

Written contribution in the context of the country visit to Denmark.

Danish Institute for Human Rights (2023), Response to consultation on draft new Guidance on

Quality of Legislation (Høringssvar

over udkast til ny vejledning om lovkvalitet)

https://menneskeret.dk/files/media/document/Høring%20over%20udkast%20til%20ny%20vejledning

%20om%20lovkvalitet.pdf.

Danish

Parliament

Website,

Statement

from

the

https://www.ft.dk/samling/20222/beslutningsforslag/B28/BEH1-36/forhandling.htm.

Minister,

Danish Parliament (2023), Proposal for a parliamentary resolution on the launch of a commission of

scrutiny on the FE matter (Forslag

til folketingsbeslutning om iværksættelse af en

granskningskommission

FE-sagen),

https://www.ft.dk/samling/20231/beslutningsforslag/B87/BEH2-

31/forhandling.htm#tE938EC74786F4740AEF33CB26067233Btab1.

Danish Parliament (2023), Proposal for an act to amend the act on the investigation of the decision to

repatriate senior employees of the Danish Defence Intelligence Service (Forslag

til lov om ændring af

lov om undersøgelse af beslutningen om hjemsendelse af ledende medarbejdere i Forsvarets

Efterretningstjeneste),

https://www.ft.dk/ripdf/samling/20231/lovforslag/l133/20231_l133_som_fremsat.pdf.

Danish Parliament (2024), Adopted proposal for an act to amend the act on the investigation of the

decision to repatriate senior employees of the Danish Defence Intelligence Service (Forslag

til lov om

ændring af lov om undersøgelse af beslutningen om hjemsendelse af ledende medarbejdere i

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

Forsvarets

Efterretningstjeneste

Lovforslag

https://www.ft.dk/samling/20231/lovforslag/L133/som_vedtaget.htm.

som

vedtaget),

Dansk Journalistforbund and Danske Medier (2024),

Guide on the Ethical Guidelines for the Press

(Guide Presse Etiske Retningslinjer),

https://presseetiskeretningslinjer.dk/.

DR (2023),

DR’s Board of Directors,

https://www.dr.dk/om-dr/organisationen/drs-bestyrelse.

European Centre for Press and Media Freedom,

Mapping Media Freedom, Denmark country profile,

https://www.mappingmediafreedom.org/.

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 (2023),

2023 Rule of Law Report, Country Chapter on the rule of situation in

Denmark.

European Commission (2022),

2022 EU Justice Scoreboard.

European Commission (2023),

2023 EU Justice Scoreboard.

European Commission (2024),

2024 EU Justice Scoreboard.

European Parliament (2023),

Flash Eurobarometer

https://europa.eu/eurobarometer/surveys/detail/3153.

–

News

Media

Survey

2023,

GRECO (2021),

Fifth evaluation round, Compliance report on Preventing corruption and promoting

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

GRECO (2022),

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

GRECO (2023),

Fourth Evaluation Round on Denmark, Third Interim Compliance Report.

Office for Democratic Institutions and Human Rights (2022),

ODIHR Election Expert Team Final

Report.

OECD (2023),

Working Group on Bribery, Phase 4 evaluation of Denmark.

OECD (2024),

Anti-Corruption and Integrity Outlook 2024 – Country Notes – Denmark,

https://www.oecd.org/publication/anti-corruption-and-integrity-outlook/2024/country-notes/denmark-

84a628ae/#chapter-d1e22.

Politiken (2023),

Permanent Secretary moves to private business

Departementschef skifter til det

private erhvervsliv - politiken.dk.

Politiken (2023),

The work of former top officers is worrying: ‘Right now, the Armed Forces may be

exposed to the perfect storm’,

https://politiken.dk/indland/art9372358/»Forsvaret-kan-lige-nu-risikere-

at-blive-udsat-for-den-perfekte-storm«.

Politiken (2023),

12 top officials take golden revolving door between state and Novo Nordisk –

‘worrying’, says expert

https://frihedsbrevet.dk/12-topembedsmaend-tager-den-gyldne-svingdoer-

mellem-staten-og-novo-nordisk-bekymrende-mener-ekspert/.

Politiken (2023),

Transparency President: An exit strategy for elected officials should block the path

from politics to lobbying,

https://politiken.dk/debat/art9310495/Transparency-formand-En-

exitstrategi-for-folkevalgte-bør-blokere-vejen-fra-politik-til-lobbyisme.

Radio and Television Board (2024),

Contribution from the Radio and Television Board for the 2024

Rule of Law Report.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

Justitia (2023), Response to consultation on draft new Guidance on Quality of Legislation

(Høringssvar

til udkast til ny vejledning om lovkvalitet),

https://justitia-int.org/hoeringssvar-til-udkast-

til-ny-vejledning-om-lovkvalitet/.

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

Legislative proposal 2023/1 LSF 135 on the Act amending the Act on Civil Servants (Lov

om ændring

af lov om tjenestemænd)

https://www.retsinformation.dk/eli/ft/202312L00135.

Ministry

Culture

(2023),

https://kum.dk/kulturomraader/medier/medieaftaler.

Media

Agreement

2023-2026,

Ministry of Culture (2023),

Terms of Reference for the committee on a new appointment model for

DR’s Board of Directors,

https://kum.dk/aktuelt/nyheder/udvalg-om-drs-bestyrelse-er-nedsat.

Ministry of Justice (2024),

Agreement on the establishment of a Preparatory Committee on the

amendment of the Public Access to Documents Act,

https://www.justitsministeriet.dk/wp-

content/uploads/2024/01/Aftale-om-nedsaettelse-af-et-lovforberedende-udvalg-om-aendring-af-

offentlighedsloven.pdf.

Ministry of Justice (2024),

The Minister for Justice appoints a committee to look into the Public

Information Act,

https://www.justitsministeriet.dk/pressemeddelelse/justitsministeren-nedsaetter-

udvalg-der-skal-se-paa-offentlighedsloven/.

Ministry of Justice (2023), Agreement on the courts’ finances 2024-2027 (Aftale

om domstolenes

økonomi 2024-2027),

https://www.justitsministeriet.dk/wp-content/uploads/2024/01/aftaletekst-om-

ny-fleraarsaftale-for-domstolene-2024-2027.pdf.

Ministry of Justice (2023), Catalogue of recommendations to reduce processing time in civil cases in

the courts (Katalog

med anbefalinger til nedbringelse af sagsbehandlingstiden I civile sager ved

domstolene),

https://www.justitsministeriet.dk/wp-content/uploads/2023/04/Retsplejeraadets-katalog-

med-anbefalinger-til-nedbringelse-af-sagsbehandlingstiden-i-civile-sager-ved-domstolene-2.pdf.

Ministry of Justice (2023) Report from the committee for the preparation of a new multi-year

agreement for the courts (Rapport

fra udvalget for forberedelse af ny flerårsaftale for domstolene)

https://www.ft.dk/samling/20222/almdel/reu/bilag/222/2728590.pdf.

Ministry of Justice (2023), New agreement: All parliamentary parties want to change the

developments in the courts (Ny

aftale: Alle Folketingets partier vil vende udviklingen ved

domstolene),

https://www.justitsministeriet.dk/pressemeddelelse/ny-aftale-alle-folketingets-partier-

vil-vende-udviklingen-ved-domstolene/.

Ministry of Justice (2023), Simplifications to the administration of justice (Forenklinger

af retsplejen)

https://www.justitsministeriet.dk/wp-content/uploads/2023/11/Bilag-1-Forenklinger-af-retsplejen.pdf.

National Courts Administration (2024), High activity at the courts in 2023 (Høj

aktivitet ved retterne i

2023)

https://domstol.dk/aktuelt/2024/3/hoej-aktivitet-ved-retterne-i-2023/.

National

Courts

Administration

(2024),

https://domstol.dk/media/sftbovgb/aarsberetning-2023.pdf.

2023

Annual

Report,

National Courts Administration (2024), Updated release plan for the fines and probate programme

(Opdateret

releaseplan for Straffe- og skifteprogrammet),

https://domstol.dk/aktuelt/2024/1/opdateret-

releaseplan-for-straffe-og-skifteprogrammet/.

Parliamentary

Ombudsman

(2024),

Annual

report

2023,

https://www.ombudsmanden.dk/Media/638482443974399969/FO_Beretning%202023%209.4.23.pdf.

Reporters Without Borders (2023),

2023 World Press Freedom Index.

Via Ritzau (2024), Press release by 11 civil society organisations ‘Civil society organisations risk

losing millions of kroner for integration efforts’ (Civilsamfundsorganisationer

risikerer at miste

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

millioner

kroner

til

integrationsindsatser)

https://via.ritzau.dk/pressemeddelelse/13793946/civilsamfundsorganisationer-risikerer-at-miste-

millioner-af-kroner-til-integrationsindsatser?publisherId=13561700&lang=da.

Transparency International (2024),

Corruption Perceptions Index 2023.

Transparency International (2004),

CPI 2023: Trouble at the top,

CPI 2023: Trouble at the top - News

- Transparency.org.

Transparency International Denmark (2024),

Whisteblowing in the wind

https://transparency.dk/wp-

content/uploads/2023/06/Whistleblower-Rapport-2023-V1.0.pdf.

Transparency International Denmark (2023),

Letter from the President of the Danish Parliament to

Transparency

International

Denmark.

Transparency

International

Denmark,

https://transparency.dk/wp-content/uploads/2023/03/Svarbrev-fra-Folketingets-formand-til-

Transparency-International-Danmark-1.-marts-2023.pdf.

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

Annex II: Country visit to Denmark

The Commission services held virtual meetings in March 2024 with:

•

Danish Bar and Law Society

Danish Media Association

Danish Union of Journalists

Danish Press Council

Danish Institute for Human Rights

Globalt Fokus

Danish Judges Association

Justitia

Ministry of Business

Ministry of Culture

Ministry of Justice

National Audit Office

National Courts Administration

Nyt Europa

Parliamentary Ombudsman

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

Prosecutor for Special Crime Unit

Secretariat of the Standing Orders Committee of the Parliament

Supreme Court

Transparency International Denmark

The Confederation of Danish Industry

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

•

Amnesty International EU

Centre for Democracy and Technology Europe

Centre for European Volunteering

Civil Liberties Union for Europe

Civil Rights Defenders

Civil Society Europe

Culture Action Europe

Democracy Reporting International

European Centre for Non-Profit Law

European Civic Forum

European Federation of Journalists

European Partnership for Democracy

European Youth Forum

Free Press Unlimited

International Federation for Human Rights

International Planned Parenthood Federation

International Press Institute

Irish Council for Civil Liberties

kom (2024) 0800 - Bilag 1: Kommissionens årlige rapport om retsstatssituationen i EU

•

JEF Europe

Open Society Foundations

Philanthropy Europe Association

PICUM

Reporters Without Borders

SOLIDAR

Transparency International EU