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
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Denmark, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   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 {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

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. 

1 

 
 
 
 
RECOMMENDATIONS 

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. 

2 

 
 
 
 
I. 

JUSTICE SYSTEM  

The  Danish  justice  system  consists  of  24  district  courts,  two  high  courts  (courts  of  appeal) 
and  a  Supreme  Court,  as  well  as  two  specialised  courts1.  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  technology2.  The  independent  Judicial  Appointments 
Council3  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)4. 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 Council5. Disciplinary 
measures for judges can be issued by Court Presidents or the Special Court of Indictment and 
Revision6. The prosecution service is an autonomous institution acting under the supervision 
of  the  Ministry  of  Justice  and  led  by  a  Director  of  Public  Prosecutions7.  The  Bar  and  Law 
Society  is  the  independent  body  governing  the  legal  profession  and  ensuring  its 
independence8. 

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 20249. The level of perceived judicial independence among the general public 

1   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. 
2   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.  

3   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.  

4   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. 

5   For transparency, the Judicial Appointments Council issues a press release when making their proposal. 
6   2020 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 2.  
7   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.  

8   Administration of Justice Act, Chapter 15.  
9   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 

3 

 
 
 
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%)10. 

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 Justice11 and is  currently in  office on a fixed-term 
basis, with the possibility of extension and reappointment12. In March 2024, the Government 
submitted a proposal to Parliament to amend the Civil Servants Act13, so that the Director of 
Public  Prosecutions  would  be  appointed  for  a  fixed-term  period  of  ten  years  without  the 
possibility of extension or reappointment14. In the considerations for the proposal, which also 
took  into  account  European  standards15,  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 independence16. 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%). 

10   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. 

11   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. 

12   Legislative proposal 2023/1 LSF 135 on the Act amending the Act on Civil Servants. 
13   Ibidem.  
14   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. 

15   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. 

16   Ibidem. 

4 

 
 
are fully in place, but some gaps remain for administrative and criminal proceedings17. While 
there  was  some  progress  on  arrangements  for  producing  machine-readable  judicial 
decisions18,  the  digital  solutions  to  conduct  and  follow  court  proceedings  in  criminal  cases 
remain  very  limited19.  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  cases20.  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 202421. 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’22. 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  2024-202723.  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  courts24.  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)25. These new initiatives concern primarily bringing down the case-handling times in 
courts  through  the  appointment  of  more  judges  and  other  staff26,  increasing  courtroom 
capacity27,  and  strengthening  IT  support28.  Towards  the  end  of  the  2024-2027  multi-annual 

17   Figure 43, 2024 EU Justice Scoreboard.  
18   Figure 50, 2024 EU Justice Scoreboard and figure 48, 2023 EU Justice Scoreboard. 
19   Figure 48, 2024 EU Justice Scoreboard.  
20   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.  

21   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.  

22   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. 

23   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. 

24   Input from Denmark for the 2024 Rule of Law Report, p. 6. 
25   Ibidem. 
26   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. 

27   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 

5 

 
 
 
agreement  and  ahead  of  the  next  multi-annual  agreement,  there  will  be  a  follow-up  on  the 
overall  implementation  and  developments  in  case  processing29.  The  significant  increase  in 
financial  allocations  for  the  period  2024-2027  was  welcomed  by  stakeholders30,  although 
some have indicated potential challenges in recruiting judges required for implementing the 
agreement31. 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  committees32,  namely  the  ad  hoc  Rørdam 
Committee33 and the Standing Committee on Procedural Law34. 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  in35.  The  proposals  touched  upon  a 
number of aspects, including raising appeal thresholds in civil procedure cases36, 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. 

28   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. 

29   Ministry of Justice (2023) Agreement on the courts' finances 2024-2027, p. 6. 
30   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. 

31   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.  

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

courts. 

33   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. 

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

courts. 

35   Ministry of Justice (2023) Simplifications to the administration of justice.  
36   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.  

6 

 
 
the  limits  for  small  claims  cases37,  sentencing  when  a  defendant  fails  to  appear  in  court38, 
distinguishing between cases with lay judges and a jury39, and reconsidering appeal limits in 
criminal  cases40.  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  jury41.  On  11  June  2024,  the  law  was 
adopted and entered into force on 15 June 202442. 

The  review  of  the  legal  aid  system,  commenced  in  2020,  is  yet  to  be  completed.  As 
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  system43.  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 

37   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. 

38   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. 

39   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. 
40   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. 

41   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.   

42   In the adopted law, the limit for small claims cases was not increased for housing law cases. 
43   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. 

7 

 
 
on the financing of the judiciary44. As noted in the 2021 Rule of Law Report45, 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 
work46.  

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)47.  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 202248, whereas the rate of resolving 
litigious  civil  and  commercial  cases  continued  to  decrease  (from  98%  in  2021  to  93%  in 
2022)49. 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 courts50. 
In  2023,  the  district  courts  received  a  total  of  almost  278 000  incoming  civil  and  criminal 
cases51, the highest number ever52. 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 courts53. In order to ensure fast case processing while new judges are being 

44   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. 

45   2021 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 5. 
46   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.  

47   Figure 3, 2024 EU Justice Scoreboard.  
48   Figure 6, 2024 EU Justice Scoreboard. 
49   Figure 11, 2024 EU Justice Scoreboard.  
50   National Courts Administration (2024), 2023 Annual Report, p. 6. 
51   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. 

52   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. 

53   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.  

8 

 
 
recruited and trained, the age limit for how long a retired judge may be called upon has been 
raised from 72 to 74 years54.   

II. 

ANTI-CORRUPTION FRAMEWORK  

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  1st  in  the  European  Union  and  globally55. 
This  perception  has  been  relatively  stable  over  the  past  five  years56.  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%)57. 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%)58. Furthermore, 24% of respondents find 
that  there  are  enough  successful  prosecutions  to  deter  people  from  corrupt  practices  (EU 
average  32%)59,  while  53%  of  companies  believe  that  people  and  businesses  caught  for 
bribing a senior official are appropriately punished (EU average 31%)60.  

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 

54   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. 

55   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). 

56   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. 

57   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). 

58   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). 

59  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).  
60   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  

9 

 
 
overarching  anti-corruption  strategy  or  a  specialised  agency  dealing  with  anti-corruption 
issues61.  Coordination of the anti-corruption matters continues to be carried out on a case-by-
case  basis  by  the  Ministry  of  Justice62.  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  situation63. This  conclusion is  not shared by a civil  society organisation  that 
continues to raise the need for a strategic framework64. 

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 Report65, 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 level66, 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 

61   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. 

62   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. 

63  Information received in the context of the country visit to Denmark from the Ministry of Justice.  
64   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. 

65   2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 10. 
66   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.  

10 

 
 
considered final67. This may explain the large differences between 2022 and 2023 in number 
of registered reports, charges and judgments for bribery offences68 or abuse of office69. There 
are  currently  three  ongoing  cases  on  foreign  bribery70.  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 force71. As 
mentioned in the 2023 Rule of Law Report72, negotiations in relation to private financing of 
political  parties  are  ongoing73,  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  202374.  The  gaps  in  private 
political  party  financing  were  also  subject  of  recommendations  issued  by  GRECO75, 
OECD76, as well as the observation report by the Organisation for Security and Co-operation 
in Europe (OSCE) on the November 2022 elections77.  

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 

67   Ibidem. 
68   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. 

69   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. 

70   Information received in the context of the country visit to Denmark from the SPSCU and SCU. 
71   Political Parties Funding Act No. 7 of 8 January 2024 and the Annual Accounts of Political Parties Act no. 

1188 of 27 September 2023. 

72   2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 11-12. 
73   Information received in the context of the country visit to Denmark from the Ministry of Interior. 
74   Danish Parliament Website. Statement from the Minister.  
75   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. 

76   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. 

77   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.  

11 

 
 
rules  on  “revolving  doors”  for  ministers  and  on  lobbying,  and  ensure  adequate  control  of 
asset declarations submitted by persons entrusted with top executive functions’78. The long-
standing recommendations of GRECO, namely to enhance the integrity for ministers and top 
executive  functions79,  to  address  the  lack  of  regulation  regarding  lobbying80  and  revolving 
doors81,  remain  unaddressed  and  this  continues  to  be  criticised  by  some  member  of  civil 
society and academia82. While the authorities consider that the current rules work well and do 
not  see  the  need  for  any  new  initiatives  in  this  area83,  they  noted  that  no  data  on  the 
implementation  of  rules  on  lobbying,  asset  disclosure  and  gifts  policy  is  available84.  In 
parallel,  as  already  mentioned  in  the  2022  Rule  of  Law  Report85,  also  in  2023  the  media 
reported on cases86 of politicians and officials switching positions between the public and the 
private  sector  (in  the  defence87,  pharmaceutical88  and  energy  sectors89),  which  raised 
concerns  of  public  opinion  on  the  lack  of  the  rules  on  appropriate  ethical  standards90. 
Research  also  shows  that  the  cases  of  potential  conflicts  of  interest  are  high91  and  that  the 

78   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. 

79  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. 

80  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. 

81   GRECO Fifth Evaluation Round – Evaluation Report, p. 8. 
82   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. 

83   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. 

84   Input from Denmark for the 2024 Rule of Law Report, p. 14. 
85   2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 10. 
86   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.  

87   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.  
88   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.  

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

Sector.  

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

to lobbying’, 21 April 2023.  

91   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, 

12 

 
 
 
creation of the lobby register is crucial92. Although certain rules exist in this area with regard 
to  Ministers93,  the  authorities  do  not  monitor  those  cases94.  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 
Parliament95. 

The current rules regarding whistleblowers are being implemented while only few cases 
concern  corruption.  Based  on  the  whistleblowing  framework96,  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  corruption97.  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 
force98.  

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 
years99.  As  reported  in  the  2023  Rule  of  Law  Report100,  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. 

92   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. 

93   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. 

94   Written information received from the Ministry of Justice in the context of the country visit in Denmark. 
95   GRECO Fourth Evaluation Round on Denmark – Third Interim Compliance Report, pp. 3-4.  
96   Law 1436 of 29 June 2021 on the protection of whistleblowers, which entered into force  on 17 December 

2021. 

97   Information received in the context of the country visit to Denmark from the Director of Public Prosecutions. 
98   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.  

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

percentage points below the EU average. 

100  2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 11. 

13 

 
 
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  bribery101  and  many  of  the  OECD  recommendations  remain  to  be 
addressed  by  the  authorities102,  as  well  as  those  of  GRECO103  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 out104. The necessity 
of addressing the foreign bribery concerns is also shared by a civil society organisation105.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

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  law106. 
Secondary  legislation  also  provides  safeguards  for  the  independence  of  the  public  service 
broadcasters107. 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 2014108. 

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 information109. 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 reality110. The committee is expected 

101  OECD (2023), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Denmark. 
102  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. 

103  GRECO Third Evaluation Round – Addendum to the second compliance report on Denmark, p. 4. 
104  OECD Anti-Bribery Convention Phase 4 Report: Denmark, p. 11. 
105  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. 

106  The  Radio  and  Television  Broadcasting Act,  Executive  Order  on  the  Radio  and  Television  Board  and  the 

Danish Public Administration Act. 

107  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). 

108  Denmark ranks 2nd in the 2024 Reporters without Borders World Press Freedom Index compared to 3rd in 

the previous year. 

109  Dansk Journalistforbund and Danske Medier (2024), Guide on the Ethical Guidelines for the Press. 
110  See 2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 14. 

14 

 
 
to  present  its  recommendations  in  2024.  Its  recommendations  will  provide  the  basis  for 
subsequent discussions at political level111. 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 State112. 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 initiatives113. The Press Council is considered to 
be sufficiently funded114. 

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  regulator115  –  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  low116.  As  outlined  in  the  renewed 
Media Agreement 2023-2026117 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 anchoring118. 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  media119,  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 2027120. 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 
DR121. 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  Information received from the Ministry of Culture in the context of the country visit to Denmark. 
112  Information received from the Danish Media Association in the context of the country visit to Denmark. 
113  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. 
114  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. 
115  Contribution from the Radio and Television Board for the 2024 Rule of Law Report.  
116  2024 Media Pluralism Monitor, country report for Denmark, pp. 12, 20. 
117  Ministry of Culture, Media Agreement 2023-2026, p. 8. The Media Agreement has been concluded by the 

Government and the main political parties. 

118  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. 

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

Board of Directors, pp. 2-3. 

120  Written contribution from the Danish Government in the context of the country visit to Denmark. 
121  DR (2023), DR’s Board of Directors. 

15 

 
 
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 providers122. 

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  2022124, 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 media125. It will address one of the 
main  issues  of  the  current  law,  as  it  has  been  identified  by  stakeholders126  and  the  past 
editions  of  the  Rule  of  Law  Report127,  namely  granting  a  wider  access  to  the  political 
decision-making  process128.  The  Committee  is  also  expected  to  consider  whether  media 
representatives  should  be  given  priority  in  the  processing  of  their  access  to  documents 
requests129.  The  parliamentary  groups  will  be  invited  to  take  stock  of  the  committee’s 
progress in the second half of 2024130. 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 journalists131. This has led the Danish Union of Journalists to 
call  for  a  new  push  of  the  action  plan132  which  was  adopted  in  2022  and  was  meant  to 
facilitate  journalists’  reporting  of  any  harassment  or  threats133.  The  action  plan  is  now 

122  2024 Media Pluralism Monitor, country report for Denmark, p. 17. 
123  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. 

124  See 2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 15. 
125  Ministry of Justice (2024), The Minister  for Justice sets up a committee to look into the  Access to  Public 

Administrative Documents Act. 

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

of the country visit to Denmark. 

127  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). 

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

of the Access to Public Administrative Documents Act. 

129  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. 

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

Administrative Documents Act. 

131  Information received from the Danish Union of Journalists in the context of the country visit to Denmark. 
132  Information received from the Danish Union of Journalists in the context of the country visit to Denmark. 
133  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 14. 

16 

 
 
considered to lack a binding element and the necessary commitment from the media sector134. 
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  investigation135.  The  Media  Freedom  Rapid 
Response project cites three further incidents involving threats and vandalism136. On the other 
hand,  no  strategic  lawsuits  against  public  participation  (SLAPPs)  have  been  identified137. 
Answering calls from media stakeholders138, 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  content139.  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 2025140. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

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  cases141.  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 
pandemic142.  As  regards  the  previously  announced  initiatives  on  parliamentary  oversight  of 

134  Information received from the Danish Union of Journalists in the context of the country visit to Denmark. 
135  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. 

136  See European Centre for Press and Media Freedom, Mapping Media Freedom, Denmark country profile. 
137  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. 

138  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. 

139  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. 

140  Information received from the Ministry of Culture in the context of the country visit to Denmark. 
141  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. 

142  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-

17 

 
 
 
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  Report143,  the  Government  coalition 
committed  to  follow-up  on  the  agreement  to  strengthen  Parliament’s  scrutiny  of  the 
Government144.  This  agreement  foresaw  the  setting  up  of  a  Democracy  committee145,  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  2023146.  A  further  Government 
coalition’s  commitment  on  greater  scrutiny147  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 2023148 regarding the decision to “send home” leading employees in the 
Danish  Defence  Intelligence  Service  and  its  mandate  was  expanded  on  13  June  2024149;  in 
parallel,  on  7  December  2023,  a  proposal  to  establish  a  commission  of  scrutiny  within 

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

143  2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, pp. 16 -17. 
144  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. 

145  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. 

146  Written contribution from the Ministry of Justice in the context of the country visit to Denmark. 
147  Danish Government (2022), Responsibility for Denmark, p. 49. 
148  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.  

149  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. 

18 

 
 
Parliament on the same matter did not find sufficient support150. With regard to improving the 
quality  of  legislation,  the  Government,  following  a  public  consultation,  has  updated  and 
expanded its Guidance on Quality of Legislation151, also to reflect some of the commitments 
from its coalition programme, which has been overall welcomed by stakeholders152. 

On  1  January  2024,  Denmark  had  three  leading  judgments  of  the  European  Court  of 
Human  Rights  pending  implementation,  the  same  number  as  the  previous  year153.  At 
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 four156. 

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-Status157, reported that the state authorities continue to sufficiently ensure 
its  independence158.  On  6  October  2023,  the  Institute’s  by-laws  were  amended,  at  the 

150  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.  

151  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. 

152  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. 

153  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. 

154  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. 

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

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 137.  

156  Data according to the online database of the Council of Europe (HUDOC). 
157  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. 

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

19 

 
 
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 Parliament159. The Parliamentary Ombudsman160 and the Institute for Human 
Rights continue to be considered as having adequate resources161. 

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 open162 and civil society organisations can exercise their activities within 
a safe and stable framework for their operation163. As a general rule, the operating space for 
civil society organisations is considered safe164, 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 
campaigns165.  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 stakeholders167 raised concerns about the perception of an accelerated pace 
of  legislative  activity  and  occasional  short  consultation  periods168.  The  2023  Rule  of  Law 

159  Contribution from the Danish Human Rights Institute via ENNHRI for the 2024 Rule of Law Report, p. 5. 
160  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. 

161  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. 

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

repressed and closed.  

163  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. 

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

Ungdoms Fællesråd in the context of the country visit. 

165  Public consultation contribution by Nyt Europa and Globalt Fokus.  
166  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. 

167  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. 

168  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. 

20 

 
 
Report noted that some  civil society organisations had observed administrative obstacles in 
accessing  financial  services,  notably  in  opening  bank  accounts169.  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 laundering170. 

169  2023 Rule of Law Report, Country Chapter on the rule of law situation in Denmark, p. 18. 
170  Public  consultation  contribution  by  Nyt  Europa  and  Globalt  Fokus.  European  Civic  Forum  (2024),  Civic 

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

21 

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

found 

be 

at 

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 
https://www.advokatsamfundet.dk/om-
domstolene 
advokatsamfundet/advokatradet/horingssvar-liste/2024/2023-3972-strafferets-og-procesretsudvalget/. 

2024-27 

m.v.), 

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 
https://jyllands-
den 
(Vores 
posten.dk/debat/kronik/ECE16912873/vores-svageste-borgere-syltes-i-den-noedlidende-retshjaelp/. 

nødlidende 

retshjælp), 

svageste 

borgere 

syltes 

i 

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

(2022),  Responsibility 

for  Denmark 

(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 
lovkvalitet) 
https://menneskeret.dk/files/media/document/Høring%20over%20udkast%20til%20ny%20vejledning
%20om%20lovkvalitet.pdf. 

(Høringssvar  over  udkast 

til  ny  vejledning  om 

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

Parliament 

Statement 

Website, 

from 

Minister, 

the  FE  matter 

Danish Parliament (2023), Proposal for a parliamentary resolution on the launch of a commission of 
iværksættelse  af  en 
scrutiny  on 
granskningskommission 
FE-sagen), 
https://www.ft.dk/samling/20231/beslutningsforslag/B87/BEH2-
31/forhandling.htm#tE938EC74786F4740AEF33CB26067233Btab1. 

folketingsbeslutning  om 

(Forslag 

om 

til 

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 

22 

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

Efterretningstjeneste 

- 

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

(2023),  Flash  Eurobarometer  –  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 
https://politiken.dk/debat/art9310495/Transparency-formand-En-
exitstrategi-for-folkevalgte-bør-blokere-vejen-fra-politik-til-lobbyisme. 

lobbying, 

politics 

to 

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

23 

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

Culture 

(2023), 

of 

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 
to  Documents  Act,  https://www.justitsministeriet.dk/wp-
content/uploads/2024/01/Aftale-om-nedsaettelse-af-et-lovforberedende-udvalg-om-aendring-af-
offentlighedsloven.pdf. 

the  Public  Access 

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

Administration 

Courts 

(2024), 

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/. 

2023, 
(2024), 
Parliamentary 
https://www.ombudsmanden.dk/Media/638482443974399969/FO_Beretning%202023%209.4.23.pdf. 

Ombudsman 

Annual 

report 

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 

24 

 
 
millioner 
https://via.ritzau.dk/pressemeddelelse/13793946/civilsamfundsorganisationer-risikerer-at-miste-
millioner-af-kroner-til-integrationsindsatser?publisherId=13561700&lang=da. 

kroner 

til 

af 

integrationsindsatser) 

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 
Denmark, 
https://transparency.dk/wp-content/uploads/2023/03/Svarbrev-fra-Folketingets-formand-til-
Transparency-International-Danmark-1.-marts-2023.pdf. 

Transparency 

International 

International 

Denmark. 

25 

 
 
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 

26 

 
 
•  JEF Europe 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International EU 

27