Folketinget - Chapter 3 - The Government Previous | Next Chapter 3 - The Government Part three deals with the King and the Ministers. It establishes that the power of the King is restricted. The country is governed by a Government accepted by Parliament. Section 12 Subject to the limitations laid down in this Constitutional Act, the King shall have supreme authority in all the affairs of the Realm, and shall exercise such supreme authority through the Ministers. Section 12 It may almost seem as if the Queen decides everything. However, in reality this is not the case as the Constitutional Act contains major restrictions on which decisions she can make. The Queen exercises power via her Ministers in a Government: she has no independent power. This is described in Sections 13 and 14. Section 13 The King shall not be answerable for his actions; his person shall be sacrosanct. The Ministers shall be responsible for the conduct of government; their responsibility shall be defined by statute. Section 13 The Queen has a very special legal status. She is not answerable for her actions. She must observe the laws of Denmark, but she cannot be indicted and sentenced by the Courts. On the other hand, the Queen has no power.

The Ministers are responsible for what the Government does. Ministers’ responsibility is explicitly established in a special Act called the Danish Ministerial Responsibility Act. It was passed in 1964. Section 14 The King shall appoint and dismiss the Prime Minister and the other Ministers. He shall decide upon the number of Ministers and upon the distribution of the duties of government among them. The signature of the King to resolutions relating to legislation and government shall make such resolutions valid, provided that the signature of the King is accompanied by the signature or signatures of one or more Ministers. A Minister who has signed a resolution shall be responsible for the resolution. Section 14 The Constitutional Act gives the Queen the power to appoint the Prime Minister and the other Ministers. She also decides how many Ministers there are to be and what they are to do. In addition, she can dismiss them again. However, this is no longer how things work. The Queen has no real influence on who will be a Minister or who will be dismissed. The Queen appoints the Ministers recommended by the Prime Minister. When a new Prime Minister is to be appointed, the current Prime Minister and the Queen decide which politician will be able to put together a majority of the Members of Parliament.

The person in question may never have a majority against him or her. The Queen then appoints that person to be the new Prime Minister. The Queen must sign all Acts and important resolutions passed by the Government. However, the Acts and resolutions are valid only when one or more Ministers have also signed them. The Queen is not responsible for the Acts and resolutions she signs. It is the Ministers who are responsible for them. Section 15 Subsection 1. A Minister shall not remain in office after the Folketing has passed a vote of no confidence in him. Subsection 2. When the Folketing passes a vote of no confidence in the Prime Minister, he shall ask for the dismissal of the Ministry unless writs are to be issued for a general election. When a vote of no confidence has been passed on a Ministry, or it has asked for its dismissal, it shall continue in office until a new Cabinet has been appointed. Ministers who remain in office as aforesaid shall perform only what may be necessary to ensure the uninterrupted conduct of official business. Section 15 Subsection 1. If a majority in Parliament no longer has confidence in a Minister, the Minister must resign.

This is done by the Members of Parliament voting on a what is known as a no-confidence motion. Subsection 2. If Parliament expresses a lack of confidence in the Prime Minister, the Government must resign or call an election. The "old" Government remains as the acting Government until a new one has been elected. However, during this period, the Ministers may only carry out practical measures that are required to ensure that the Ministries and public administration can continue. Nothing else. Section 16 Ministers may be impeached by the King or the Folketing for maladministration of office. The Court of Impeachment shall try cases of impeachment brought against Ministers for maladministration of office. Section 16 A Minister is responsible for the manner in which he or she manages his or her Ministry. If, for example, he or she neglects his or her work or is suspected of doing something illegal, Parliament can demand that he or she be brought before a special Court.This is called the Court of Impeachment and is described in Section 59. The Court of Impeachment decides whether the Minister is guilty. According to the wording of the Constitutional Act, the Queen can also demand that Ministers be impeached and brought before the Court of Impeachment.

However, in practice, the Government has this right. Since the Court of Impeachment was instituted in 1849, five cases have been brought before the Court, but only two Ministers have been found guilty. In 1910, the former Minister for the Interior, Sigurd Berg, was ordered to pay a fine for negligence in his supervision of Den Sjællandske Bondestands Sparekasse (The Zealand Farmers’ Savings Bank) (the Alberti case). In 1995, the former Minister for Justice, Erik Ninn-Hansen, was given a suspended sentence of four months’ imprisonment for having prevented Tamil refugees from bringing their families to Denmark (the Tamil case). Section 17 Subsection 1. The body of Ministers shall form the Council of State, in which the Heir to the Throne shall have a seat when of age. The Council of State shall be presided over by the King except in the instance mentioned in Section 8, and in instances in which the legislature in pursuance of Section 9 may have delegated the conduct of government to the Council of State. Subsection 2. All Bills and important government measures shall be discussed in the Council of State.

Section 17 Subsection 1. The Council of State consists of all the Ministers, the Queen and the successor to the throne, if he or she is legally competent. The Queen chairs the meetings of the Council of State. If, for example, she is travelling, the meetings are chairedby her deputy, who is known as a Regent. These rules can be seen in Section 9. Subsection 2. All Acts and important resolutions passed by the Government must be discussed in the Council of State. However, in practice, the resolutions are passed by the Government, not by the Council of State. Section 18 Should the King be prevented from holding a Council of State he may entrust the discussion of any matter to a Council of Ministers. Such a Council of Ministers shall consist of all the Ministers, and shall be presided over by the Prime Minister. The vote of each Minister shall be entered in a minute book, and any question shall be decided by a majority of votes. The Prime Minister shall submit the minutes, signed by the Ministers present, to the King, who shall decide whether he will immediately consent to the recommendations of the Council of Ministers, or have the matter brought before him in a Council of State.

Section 18 If the Queen is prevented from attending a Council of State, she can demand that the Ministers hold a meeting without her. This is called a Council of Ministers and consists of all Ministers. The Prime Minister chairs the meeting. The Queen can subsequently sign the Council of Ministers’ resolutions. This Section is no longer of any great importance. In fact, no monarch has made use of this opportunity since 1869. On the other hand, the Government holds meetings of Ministers once a week. The meetings are of great practical importance, but are not mentioned in the Constitutional Act. Section 19 Subsection 1. The King shall act on behalf of the Realm in international affairs, but, except with the consent of the Folketing, the King shall not undertake any act whereby the territory of the Realm shall be increased or reduced, nor shall he enter into any obligation the fulfilment of which requires the concurrence of the Folketing or which is otherwise of major importance; nor shall the King,except with the consent of the Folketing, denounce any international treaty entered into with the consent of the Folketing. Subsection 2.

Except for purposes of defence against an armed attack upon the Realm or Danish forces the King shall not use military force against any foreign state without the consent of the Folketing. Any measure which the King may take in pursuance of this provision shall forthwith be submitted to the Folketing. If the Folketing is not in session it shall be convened immediately. Subsection 3. The Folketing shall appoint from among its Members a Foreign Policy Committee, which the government shall consult before making any decision of major importance to foreign policy. Rules applying to the Foreign Policy Committee shall be laid down by statute. Section 19 The Queen exercises her power via her Ministers. She cannot be held responsible for what the Government does (Sections 12, 13 and 14). Therefore, the word "King" must be read as "the Government". Subsection 1. Parliament establishes the main direction of Denmark’s foreign policy. By far the majority of foreign policy decisions regarding agreements with other countries must be approved by Parliament. The Government cannot simply make a decision on its own initiative. This applies when Denmark enters into agreements with other countries on cooperation in NATO and the UN, for instance. Subsection 2.

Nor can the Government simply decide that Danish military forces must attack other countries. Parliament must be consulted first. However, there is one exception. The Government can use Danish forces for defence if Denmark is attacked by another country. However, the military measure must be submitted to Parliament immediately afterwards. If Parliament is not sitting because of a holiday, for instance, a sitting must be convened immediately. Subsection 3. Parliament must appoint a committee with which the Government must discuss major foreign policy decisions before the decisions are made. This committee is called the Foreign Policy Committee. The members of the Committee have a duty of confidentiality. They must not talk publicly about what they learn at the meetings. Section 20 Subsection 1. Powers vested in the authorities of the Realm under this Constitutional Act may, to such an extent as shall be provided by statute, be delegated to international authorities set up by mutual agreement with other states for the promotion of international rules of law and cooperation. Subsection 2. For the enactment of a Bill dealing with the above, a majority of five sixths of the Members of the Folketing shall be required.

If this majority is not obtained, whereas the majority required for the passing of ordinary Bills is obtained, and if the Government maintains it, the Bill shall be submitted to the electorate for approval or rejection in accordance with the rules for referenda laid down in Section 42. Section 20 Subsection 1. Denmark cooperates with other countries in organisations such as the EU. Situations may arise in which it is necessary for the international organisation to make decisions that the citizens of all Member States must observe.This Section of the Constitutional Act makes this possible. It is called "surrendering sovereignty". However, a number of conditions must be met. First and foremost, an Act must be passed. This must state how much power Denmark is surrendering. Subsection 2. It is not sufficient for the Act to be passed by a simple majority in Parliament. At least 150 of the 179 members of Parliament must vote for the Bill. This is equivalent to five-sixths of the Members of Parliament. When normal Bills are to be passed, it is sufficient that there are more votes in favour than against.

However, if the majority for a Bill on the surrender of sovereignty is less than five-sixths, the Bill must be submitted to a referendum before it can become an Act. The rules for referendums are stated in Section 42. It was necessary to hold a referendum in accordance with Section 20 before Denmark became a member of the EC/EU in 1973. A large majority in Parliament was in favour of membership; 141 Members voted for and 34 voted against. But this was not a five-sixths majority. The referendum was held on 2 October 1972. Since then, there have been several referendums on amendments to the EC/EU Treaties in accordance with the rule in Section 20. An Act passed under Section 20 does not remain in force for ever. If a majority of Parliament so wishes, a treaty adopted in accordance with Section 20 can be revoked. This means that a majority in Parliament can decide that Danish membership of the EU should be terminated. Section 21 The King may take the initiative to introduce Bills and other measures in the Folketing. Section 21 The Government can have Bills and proposals for other resolutions submitted to Parliament.

In fact, all Members of Parliament are entitled to submit Bills and make proposals. These are called private member’s Bills and are discussed in Section 41 (1). But in practice, the procedure is slightly different. By far the majority of Bills originate with the Government. The Government also submits almost all of the Bills that are passed. This is because the Government is often supported by a majority in Parliament. The Government can also obtain assistance from the various Ministries, where there are experts to prepare the individual Bills. Section 22 A Bill passed by the Folketing shall become law if it receives the Royal Assent no later than thirty days after it was finally passed. The King shall order the promulgation of statutes and shall ensure that they are carried into effect. Section 22 The Queen affirms an Act by signing it. This means that the Act does not come into force until she has signed it. A Sovereign has not refused to sign a Bill since 1865. The Constitutional Act is interpreted today in such a way that the Sovereign is not entitled to refuse to sign.The Government must also sign the Bill. This is done by the Minister responsible for the area in question signing it.

A Bill does not become an Act if the Government refuses to sign it for one reason or another, or if the Bill is not signed within 30 days. Acts must be published before they take effect for citizens. This is done by publishing them on . Section 23 In an emergency the King may, when the Folketing cannot assemble, issue provisional laws, provided that they shall not be at variance with the Constitutional Act, and that they shall always, immediately on the assembling of the Folketing, be submitted to it for approval or rejection. Section 23 This Section concerns provisional Acts. If it is not possible to convene Parliament, the Government can issue a provisional Act on its own initiative. However, the Act must not contravene the Constitutional Act. And it must be debated in Parliament as soon as Parliament can be convened. A majority of Members can adopt or reject the Act. This provision can only be used in very special cases. And only when it is impossible to convene Parliament.This could be due to war or natural disasters, for instance. However, it could also be due to a general election. After an election, it takes a few days until the new Members of Parliament can be convened.

The Finance Act, however, cannot be passed as a provisional Act. This is stated in Section 46. Section 24 The King shall have the prerogative of mercy and of granting amnesty. The King may grant Ministers a pardon for sentences passed upon them by the Court of Impeachment, subject to the consent of the Folketing. Section 24 Originally, the King had the right to exempt people from a sentence or parts of a sentence. This is called a pardon. Today, the Minister for Justice has this right. The Minister only pardons people if there are special personal circumstances in favour of a pardon. These could be illness, age or family circumstances, for instance. In practice, most pardons are granted before people have begun to serve their sentences. The Minister for Justice may also pardon a group of people sentenced for a crime. This is called an amnesty. In particular, the latter has been applied in connection with a number of political events. Most recently, at the end of the German occupation of Denmark in 1945.The Government cannot pardon a Minister sentenced by the Court of Impeachment on its own initiative. The Government must propose a motion in Parliament and try to gain a majority for it.

Section 25 The King may, either directly or through the relevant government authorities, make such grants and grant such exemptions from the statutes as are either warranted under the rules which existed before June 5th 1849, or have been warranted by a statute passed since that date. Section 25 The provision in Section 25 has a very special historical background. Before 1849, the King was an autocrat. He decided which Acts would be passed and he could also make exemptions from them. During the period up to the time the Constitutional Act was passed, normal legislative work had virtually come to a standstill. Instead, the King often made exemptions from Acts, with regard to divorces, for example. At the time it was very difficult to be divorced under the Acts in force. Nevertheless, some married people were granted divorces by the King. When the Constitutional Act was passed in 1849, it was obvious that it would take a long time before all of the exemptions from previous Acts could be incorporated into new Acts. Therefore, Section 25 was created. The provision was primarily intended to facilitate the transition from autocracy. Today, the provision has virtually no significance.

Most areas are now covered by an Act. Section 26 The King is entitled to have money minted as provided by statute. Section 26 The State issues Danish coins. While the State and thus the Government are also entitled to issue banknotes, this is not mentioned in the Constitutional Act. In practice, the Danish Central Bank (Danmarks Nationalbank) has the exclusive right to issue banknotes. This is stated in the Act on the Danish Central Bank. Section 27 Subsection 1. Rules governing the appointment of civil servants shall be laid down by statute. No person shall be appointed a civil servant unless he be a Danish subject. Civil servants who are appointed by the King shall make a solemn declaration of loyalty to the Constitutional Act. Subsection 2. Rules governing the dismissal, transfer, and pensioning of civil servants shall be laid down by statute – cf. Section 64. Subsection 3. Civil servants appointed by the King shall be transferred without their consent provided that they do not suffer loss of income in respect of their posts or offices, and that they have been offered the choice of such transfer or retirement on pension under the general rules and regulations.

Section 27 The State needs reliable, loyal civil servants who do not take bribes. Therefore, some of the most senior civil servants are employed according to special rules that protect them. They cannot be dismissed without a very good reason, for example. And they are entitled to a pension even if they are dismissed. Subsection 1. The rules are established in an Act called the Danish Civil Servants’ Act. The State’s civil servants must be Danish subjects. This means that they must be Danish citizens. This requirement does not apply to municipal civil servants. Citizens of the EU and the Nordic countries can work as civil servants in Denmark without first becoming Danish citizens. Instead they are employed on terms similar to those of civil servants. Subsection 2. An Act also establishes rules for the dismissal, transfer and retirement of civil servants.The rules are in the Danish Civil Servants’ Act and the Danish Civil Servants’ Pension Act. However, judges may not be transferred against their will. This is stated in Section 64. Subsection 3. Other civil servants can be transferred to new positions, for example. But this must not result in their pay decreasing.

If they are transferred, they must have the opportunity to choose between the new job or retirement. Folketing | Article about Folketing by The Free Dictionary Folketing | Article about Folketing by The Free Dictionary Also found in: Dictionary , Wikipedia . Folketing (fôl`kətĭng), national parliament of Denmark. Formerly the lower house of the bicameral Rigsdag, it became the sole parliamentary body in 1953. It shares legislative power with the monarch, who can dissolve the body but cannot assume major international obligations without its consent. It is elected by universal suffrage, and its term is four years. Ministers can vote in the Folketing only if they are members. Folketing the name of the unicameral parliament of Denmark. Elections for the Folketing are held every four years; citizens more than 20 years of age are eligible to vote. The Folketing is composed of 179 members and is directed by a president and vice presidents. Its primary responsibilities are the enactment of the laws, the approval of the budget, the direction of the administrative apparatus, and the resolution of foreign policy questions.

IPU PARLINE database: DENMARK (Folketinget), Full text 10 multi-member constituencies corresponding to counties, subdivided into 92 nomination districts. Voting system Proportional: Proportional representation system according to a modified version of the St. Laguë method and Hare quota and using the method of greatest remainders. Each elector can cast either a "personal vote" for one of the candidates or a vote for one of the party lists. They can vote for any of the candidates or parties of their constituency, not being limited to those of their nomination district. Of the 175 seats reserved for Denmark proper, 135 seats are distributed among the constituencies. In order to distribute these constituency seats among the political groups in contention, the total vote of each party in a constituency is divided by 1, 3, 5 and so on by odd numbers in order to arrive at the quotients on the basis of which seats are allocated). Utilization of this method ensures representation for smaller parties.

The 40 remaining, or compensatory, seats are then distributed among the parties which either have won at least one constituency seat; have obtained, in two electoral regions, at least as many votes as the average number of valid votes cast in the region, per constituency seat; or have obtained at least 2% of all valid votes cast in the country as a whole. Such distribution, based on votes obtained on the national scale, is aimed at redressing the imbalance caused through the distribution of the constituency seats. When it has been decided which parties are entitled to a share of the compensatory seats, the number of seats which each party is proportionately entitled to of the 175 seats is calculated on the basis of the total number of votes cast for these parties in all parts of the country. From the number of seats thus arrived at for each party, the number of constituency seats already obtained by the party is deducted. The resulting figure is the number of compensatory seats due to the party. The end result of this system is a distribution of seats in the Folketing that faithfully reflects the share of the popular votes received by the parties.

Candidates who have been nominated but not elected figure on a list of substitute members drawn up by the Ministry of Interior after each general election. These substitute members fill the seats which become vacant between general elections. Voting is not compulsory. Dates of election / renewal (from/to) 18 June 2015 Timing and scope of renewal The Blue bloc, a four-party centre-right alliance, led by former Prime Minister Lars Løkke Rasmussen, won 90 of the 175 seats at stake in these earlier-than-scheduled elections. Eighty-five seats were won by the Red bloc, a five-party centre-left alliance (see note 1) led by Prime Minister Helle Thorning-Schmidt (see note 2). Although her Social Democratic Party remained the largest party with 47 seats, the Prime Minister conceded defeat and resigned as party leader after ten years in charge. The Danish People's Party led by Kristian Thulesen Dahl, became the second largest party, winning 37 seats compared to 22 in 2011. On 28 June, Mr. Rasmussen formed a minority government, comprising only the members of his Liberal Party (Venstre).

As Venstre won 34 out of 179 seats, it has formed the second smallest administration ever, after the one formed in 1973 by Poul Hartling (Venstre), which had 22 seats. The elections were called four months early. Ms. Thorning-Schmidt said that the timing for an election was right and pointed to positive growth forecasts for the Danish economy. The major electoral issues included immigration, welfare spending, job creation and economic growth. In the run-up to polling day, the country's cradle-to-grave welfare system took centre-stage, with major parties debating the scope of unemployment benefits. Note 1: - The Blue bloc comprised the Liberal Party (Venstre), the Danish People's Party, the Liberal Alliance and the Conservative People's Party. - The Red bloc comprised the Social Democratic Party, the Social Liberal Party (RV), the Socialist People's Party, the Unity List-Red-Green Alliance and the Alternative (A). Note 2: Ms. Thorning-Schmidt's minority government, formed in October 2011, initially comprised her Social Democratic Party, the Social Liberal Party and the Socialist People's Party.

The Socialist People's Party left the government in January 2014. Date of previous elections: 15 September 2011 Date of dissolution of the outgoing legislature: 18 June 2015* *The outgoing legislature was dissolved at 20:00 on 18 June 2015 in accordance with section 32 (4) of the Constitution which stipulates No seats shall be vacated until a new election has been held.

Timing of election: Early elections Expected date of next elections: June 2019 Number of seats at stake: 179 (full renewal) Number of candidates: 799 (549 men, 250 women) Percentage of women candidates: 31.3% Number of parties contesting the election: 10 Number of parties winning seats: 9 Alternation of power: Yes Number of parties in government: 1 Names of parties in government: Liberal Party (Venstre) Date of the first session of the new parliament: 2 July 2015 * *In accordance with Section 35 (1) of the Constitution, the newly elected Folketing shall assemble at twelve oclock noon on the twelfth weekday after the day of election, unless the King has previously summoned a meeting of its members. Name of the new Speaker: Ms.

Pia Kjaersgaard (Danish People's Party) STATISTICS APPOINTMENT AND TERM OF OFFICE Title President of the Danish Parliament Term - duration: 1 year at the beginning of every sessional year (October), may be re-elected; - reasons for interruption of the term: resignation, death Appointment - elected by the Members of the Folketing, at the opening of every session and when the Folketing meets for the first time after a general election - after the approval of the validity of the general election Eligibility all Members are eligible, notified by parties Voting system - vote may be omitted if there is only one candidate and there are no objections to this candidate - vote by public ballot, usually (may be secret if the Folketing so decides) - if one of the Members nominated gets more than half of the votes cast, he/she is elected - if not, another free vote is held - if this does not result in the said majority of votes either, a third vote is held - the third vote is confined to the two candidates who received the largest number of votes during the second vote, and lots will be drawn in the event of a parity of votes.

Procedures / results - the most senior Member presides over the Assembly during the voting, at the opening of a sessional year - the tellers count the votes and notify the Speaker of the result - the most senior Member announces the results without any delay - 60 Members can request in writing and with at least 3 days' notice a new election for the Speakership STATUS Status - ranks third in the hierarchy of State, after the Head of State and the Leader of the Government - represents the Assembly with the public authorities - is ex officio chairman of the Folketing committees - in the absence of the Speaker, one of the Deputy-Speakers (and in their absence, one of the tellers) can assume his/her role and functions Board - the Presidium consists of the Speaker and the 4 Deputy Speakers: - the Standing Orders Committee (SOC) consists 21 Members who are ex officio Members and whose chairman is the Speaker); the other 16 Members are elected on a pro rata basis, every year at Membersthe opening of the session and after a general election - meets when necessary when convened by the Speaker - the Speaker has the final say in most matters - in some matters, the SOC must be consulted Material facilities -

 special allowance equivalent to that for a Minister (DKK 380 703 per annum) - right to a pension as a former Speaker - official residence in the parliamentary building - official car with a driver - secretariat - establishes and modifies the agenda - organizes the debates and sets speaking time - examines the admissibility of bills and amendments - refers texts to a committee for study - the Folketing can, if it so desires, refers bills to other committees than those recommended by the Speaker (this very rarely occurs) Chairing of public sittings - can open, adjourn and close sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Assembly - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak - establishes the order in which amendments are taken up - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities - checks the quorum after the vote - authenticates the adopted texts and the records of debates - interprets the rules or other regulations governing the life of the Assembly, according to precedents Special powers - the Presidium discusses proposals

 for the Folketing's budget and submits a recommendation to the SOC - employs and dismisses civil servants and other employees in the administration - employs and dismisses senior civil servants (including the Clerk) after discussion with the 4 Deputy Speakers and following approval by the SOC - manages the organization of the internal affairs in consultation with the 4 Deputy Speakers - is responsible for relations with foreign Parliaments - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber Speaking and voting rights, other functions - can take the floor in legislative debates - can cut off a debate which goes too far in relation to the bill which is being debated - takes part in voting - normally does not propose bills or amendments except in special cases such as bills which concerns parliamentary conditions - intervenes in the parliamentary oversight procedure - signs the laws together with one of the tellers and transmits them to the appropriate Ministry · Free representation (S.

56 of the Constitution Act of 05.06.1953) Start of the mandate · On the election day, when the election has ended. Certain rights only accrue to MPs when their election has been approved and they have made the declaration of adherence to the Constitution Act (S. 32 (7) of the Constitution Act, SO 1 (8) and (9) of the Standing Orders of the Folketing) · Procedure Validation of mandates · Validation by the Folketing on recommendation of a committee (S. 33 of the Constitution Act, SO 1 (2) to (7), and 7 (1) (2.) of the Standing Orders of the Folketing, S. 86 and 87 of the Parliamentary Election Act) · Procedure End of the mandate · On the day of new elections (S. 32 (4) of the Constitution Act; the same applies in case of early dissolution, see S. 32 (2) and (3) of the Constitution Act) Can MPs resign? Yes · Yes, of their own free will · Procedure (SO 40 of the Standing Orders of the Folketing, S.

92 of the Parliamentary Election Act) Can MPs lose their mandate ? Yes Definitive exclusion from Parliament by the latter: - Loss of mandate for loss of eligibility (S. 29, 30, 32 (6), and 33 of the Constitution Act, and SO 7 (1) (2.) of the Standing Orders of the Folketing) - Invalidation of election after approval by the Folketing (S. 33 of the Constitution Act, SO 1 (5) to (7), and SO 7 (1) (2.) of the Standing Orders of the Folketing) STATUS OF MEMBERS Indemnities, facilities and services · Official passport. Certain MPs may apply for diplomatic passports. · Basic salary (see also S. 58 of the Constitution Act): DKK 586,525 per year (as of 1 Oct. 2009) + Cost allowance: in accordance with residence · Exemption from tax for the cost allowance. The basic salary is not exempted from tax. · Pension scheme (Law on Election to the Danish Parliament, Lb. no.

271 of 13.05.1987, as amended by the laws no. 744 of 07.12.1988 and no. 245 of 19.04.1989) · Other facilities: (c) Free housing for the 5 Members of the Presidium in Christiansborg (d) Postal and telephone services (e) Travel and transport Obligation to declare personal assets No Parliamentary immunity - parliamentary non-accountability · The concept does exist (S. 57 of the Constitution Act). · Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, provided that they are pronounced in the exercise of the mandate. · Derogations: consent of the Folketing; improper statements or offence (SO 29 (2) to (4) of the Standing Orders of the Folketing; see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept does exist (S. 57 of the Constitution Act).

· It applies to criminal and civil proceedings, covers all offences with the exception of minor offences (i.e. ticket fines), and protects MPs from arrest, from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched. · Derogations: in the case of flagrante delicto, the consent of the Folketing is not necessary. · Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. · Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election. · Parliamentary immunity (inviolability) can be lifted (S. 57 of the Constitution Act): - Competent authority: the Folketing In this case, MPs need not be heard. They do not have means of appeal. · Parliament cannot subject the prosecution and/or detention to certain conditions. · Parliament cannot suspend the prosecution and/or detention of one of its members. · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs.

It consists of introduction lectures and courses. · It is provided by officials of Parliament. · Handbooks of parliamentary procedure: - The Standing Orders of the Folketing - Guide for Members of Parliament Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings, committee meetings, or other meetings (for leave of absence, see S. 41 of the Constitution Act). · There are no penalties foreseen. Discipline · The rules governing discipline within Parliament are contained in SO 29 to 31 of the Standing Orders of the Folketing.

· Disciplinary measures foreseen : - Order to sit down (SO 29 (1) of the Standing Orders of the Folketing) - Call to order (SO 29 (2) and (3) of the Standing Orders of the Folketing) - Order to discontinue the speech (SO 29 (2) and (3) of the Standing Orders of the Folketing) - Declining to call upon the Member to speak again (SO 29 (2) and (3) of the Standing Orders of the Folketing) - Suspension from Parliament (SO 29 (2) and (3) of the Standing Orders of the Folketing) - Adjournment or close of the sitting (SO 29 (4), and 30 of the Standing Orders of the Folketing) - Closure of the debate (SO 31 of the Standing Orders of the Folketing) · Specific cases: - Improper statements or offence (SO 29 (2) to (4) of the Standing Orders of the Folketing) · Competent body to judge such cases/to apply penalties: - Order to sit down, call to order, order to discontinue the speech, declining to call upon the Member to speak

 again, adjournment or close of the sitting, improper statements or offence: the President - Suspension from Parliament: the Standing Orders Committee - Closure of the debate: the Folketing · Procedure: - Order to sit down (SO 29 (1) of the Standing Orders of the Folketing) - Call to order, order to discontinue the speech, declining to call upon the Member to speak again, suspension from Parliament (SO 29 (2) and (3) of the Standing Orders of the Folketing) - Adjournment or close of the sitting (SO 29 (4), and 30 of the Standing Orders of the Folketing) - Closure of the debate (SO 31 of the Standing Orders of the Folketing) - Improper statements or offence (SO 29 (2) to (4) of the Standing Orders of the Folketing) Code (rules) of conduct Folketing - definition of Folketing by The Free Dictionary Folketing - definition of Folketing by The Free Dictionary Also found in: Encyclopedia , Wikipedia .

Folketing (Government, Politics & Diplomacy) the unicameral Danish parliament [Danish, from folk the people, folk + Old Norse thing assembly] Want to thank TFD for its existence? Tell a friend about us , add a link to this page, or visit the webmaster's page for free fun content . Link to this page: Write what you mean clearly and correctly. References in periodicals archive ? In the Folketing administration, a number of employees who must wear specific clothing or uniform in accordance with specific rules. QUIZ OF THE DAY A letter was addressed to all Members of the Folketing (Danish Parliament) and signed by 660 Israeli public figures calling upon them to vote in favor of Denmark recognizing the State of Palestine, not for the sake of Palestine, but for the sake of Israeli future and security. Copyright © 2003-2017 Farlex, Inc Disclaimer All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only.

This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Folketinget - Chapter 4 - Elections to Parliament Chapter 4 - Elections to Parliament Part four primarily deals with the rules for election to Parliament. Section 28 The Folketing shall consist of one assembly of not more than one hundred and seventy-nine Members, of whom two Members shall be elected in the Faroe Islands and two Members in Greenland. Section 28 Parliament may not consist of more than 179 Members. Two Members are elected in the Faeroe Islands and two in Greenland. Section 29 Subsection 1. Any Danish subject who is permanently domiciled in the Realm, and who has the age qualification for suffrage as provided for in Sub-section (2) of this section shall have the right to vote at Folketing elections, provided that he has not been declared incapable of conducting his own affairs. It shall be laid down by statute to what extent conviction and public assistance amounting to poor relief within the meaning of the law shall entail disenfranchisement. Subsection 2.

The age qualification for suffrage shall be as determined by the referendum held under the Act dated March 25th 1953. Such age qualification for suffrage may be altered at any time by statute. A Bill passed by the Folketing for the purpose of such enactment shall receive the Royal Assent only when the provision for altering the age qualification for suffrage has been submitted to a referendum in accordance with Sub-section (5) of Section 42, and which has not resulted in the rejection of the provision. Section 29 Subsection 1. It is necessary to be a Danish citizen to be eligible to vote in a general election. Permanent residence in Denmark is also a requirement. This makes it necessary to be registered with the national register in Denmark. However, there are exceptions for some Danes residing abroad. For example, people who work for the Danish Ministry of Foreign Affairs or have been posted abroad by a Danish authority, company or society are entitled to vote. This also applies to people who are living abroad for educational or health-related reasons. Furthermore, it is possible to retain the right to vote by signing a document stating an intention to return to Denmark within two years of leaving the country.

The rules are laid down in Section 2 of the Danish Election Act. People who have been declared legally incompetent are not entitled to vote. This could be due to mental illness or mental disability, for instance. However, people who receive financial assistance from a municipality or have been convicted of a crime no longer lose the right to vote. Neither the Constitutional Act nor any other Act mentions anything about the Queen’s or her family’s right to vote. However, in practice the Queen and her family do not vote. Nor are they listed in the electoral registers. Subsection 2. In 1953, electoral age was 23 years. Since then, the electoral age has been reduced three times and it is 18 years today. Two things are required to change the electoral age. First, Parliament must pass an Act to change it. The Bill must then be submitted to a referendum, in which a majority must not vote against it. However, this majority must consist of at least 30 per cent of all voters. Things do not always go as politicians wish. In 1969, politicians wanted to reduce the electoral age from 21 to 18 years of age.

However, the Danish population did not want this – it voted against the proposal. It was only in a referendum in 1978 that Danes voted in favour of reducing the electoral age to 18. Section 30 Subsection 1. Any person who is entitled to vote at Folketing elections shall be eligible for membership of the Folketing, unless he has been convicted of an act which in the eyes of the public makes him unworthy to be a Member of the Folketing. Subsection 2. Civil servants who are elected Members of the Folketing shall not require permission from the Government to accept election. Section 30 Subsection 1. Anybody who has the right to vote can also become a Member of Parliament. However, they must not have been convicted of anything that, in public opinion, makes them unworthy to sit in Parliament. Parliament decides whether a convicted Member is also unworthy. In practice, the conviction is used as a guideline. If a Member of Parliament receives a custodial sentence, he or she must usually resign from Parliament. For instance, this happened to the former leader of the Progress Party (Fremskridtspartiet), Mogens Glistrup.

He was found guilty of tax fraud and went to prison. Parliament therefore considered him to be unworthy to sit in Parliament and voted him out in 1983. When he had served his sentence, he stood for election and was re-elected to Parliament in 1987 and Parliament now found him worthy. Subsection 2. Civil servants, who work in ministries for instance, can be elected to Parliament. They do not need the Government’s permission first. This provision differs from provisions on this in the constitutions of many other countries, where civil servants may not be Members of Parliament. Section 31 Subsection 1. The Members of the Folketing shall be elected by general and direct ballot. Subsection 2. ules for the exercise of the suffrage shall be laid down by the Parliamentary Election Act of Denmark, which, to secure equal representation of the various opinions of the electorate, shall prescribe the manner of election and decide whether proportional representation shall be adopted with or without elections in single-member constituencies. Subsection 3. n determining the number of seats to be allotted to each area account shall be taken of the number of inhabitants, the number of electors, and the density of population. Subsection 4.

The Parliamentary Election Act of Denmark shall provide rules governing the election of substitutes and their admission to the Folketing, as well as rules for the procedure to be adopted where a new election is required. Subsection 5. Special rules for the representation of Greenland in the Folketing may be laid down by statute. Section 31 Subsection 1. All voters must have the opportunity to vote in general elections. Voters must be able to vote direct for the candidates who are standing for election to Parliament. And nobody must be able to see where they place their crosses. People can obtain help to vote if they have problems with seeing or reading the ballot paper, for instance. The ballot is still regarded as secret even if the helper sees where the cross is placed. Subsection 2. The Danish Election Act states how elections are to be held. The Danish Election Act is passed by Parliament, but the Constitutional Act makes various demands on it. The Danish Election Act must ensure that all political opinions are represented equally. This is done by using a special method of counting votes that is called proportional representation. With this method, parties are allocated seats in relation to how many votes they receive.

If a party receives ten per cent of all of the votes cast, for instance, it will also get about ten per cent of the seats in Parliament. Subsection 3. The number of inhabitants, the number of voters and population density must be taken into consideration when working out how the seats are to be distributed. This provision makes allowances for thinly-populated areas of the country. It means that fewer votes are required to be elected in Northern Jutland, for instance, than in Copenhagen. Subsection 4. If a Member of Parliament is ill or is on leave for a period of time, a deputy is summoned. These rules are in Parliament’s Standing Orders. If a Member resigns from Parliament or dies, his or her seat is transferred to a deputy. These rules are in the Danish Election Act. The Members of Parliament do not have personal deputies. Under the Danish Election Act, the deputy must be taken from among the candidates in the party who were not elected to Parliament. The person at the top of the list is normally chosen. The Danish Election Act also contains a few provisions on second ballots. However, they are of no great practical significance. There has not been a second ballot since 1918. Subsection 5.

In Greenland, the two members of Parliament are elected by direct election. However, the provision gives Greenlanders the opportunity to use indirect elections instead. Section 32 Subsection 1. The Members of the Folketing shall be elected for a period of four years. Subsection 2. The King may at any time issue writs for a new election, to the effect that the existing seats shall be vacated upon a new election, except that writs for an election shall not be issued after the appointment of a new Cabinet until the Prime Minister has appeared before the Folketing. Subsection 3. The Prime Minister shall cause a general election to be held before the expiration of the period for which the Folketing has been elected. Subsection 4. No seats shall be vacated until a new election has been held. Subsection 5. Special rules may be provided by statute for the commencement and termination of Faroese and Greenland representation in the Folketing. Subsection 6. If a Member of the Folketing becomes ineligible his seat in the Folketing shall become vacant. Subsection 7. On approval of his election each new Member shall make a solemn declaration that he will observe the Constitutional Act. Section 32 Subsection 1.

There must be a general election at least every four years. Subsection 2. The Prime Minister can call an election before the four years have passed. This is a great advantage for the Government. It means that the Prime Minister can call an election at the time that is best for his or her party. The Prime Minister cannot call an election immediately after he or she has formed a Government. He or she must first "present himself or herself" to Parliament. This means that he or she must attend a debate and outline his or her plans in Parliament. Subsection 3. The Prime Minister must ensure that an election is held before the four years have passed. Subsection 4. When an election is called, the Members of Parliament retain their seats. Their seats are valid until the election is over. This also applies to Members of Parliament who are not standing for re-election. Subsection 5. There are special Election Acts for the Faeroe Islands and Greenland. Subsection 6. If a Member of Folketing is declared unworthy to sit in Parliament, he or she loses his or her seat. This also occurs if he or she moves abroad permanently or is declared legally incompetent. Read more about eligibility in Section 33.

Subsection 7. A Member of Parliament must solemnly promise that he or she will abide by the Constitutional Act. This is done by signing a declaration. Failure to do so means he or she cannot participate in debates or vote in Parliament. Nor may he or she be a member of a parliamentary committee. These rules are in Parliament’s Standing Orders. Section 33 The Folketing shall itself determine the validity of the election of any Member and decide whether a Member has lost his eligibility or not. Section 33 Parliament itself decides whether an election has taken place correctly. It is almost always the case that a few people complain about mistakes in connection with an election. Such complaints could be about mistakes in lists of candidates or mistakes in counting ballot papers. If there is a complaint about an election, Parliament must investigate the matter. A temporary committee is set up to assess what happened. This is called the Scrutineers’ Committee. If a mistake has been made, Parliament must decide what the consequences of this will be. First and foremost, Parliament must decide whether the mistake is so serious that the election should be declared invalid. However, in most cases, agreement can be reached that the mistake has no significance for the final election result.

Parliament also deals with issues regarding Members’ eligibility. A permanent committee has been set up to investigate Members’ affairs during the time between elections. It is called the Scrutineers’ Committee. Members who lose their eligibility cannot retain their seats in Parliament. The current practice is that they are "unworthy" to sit in Parliament if they have received a custodial sentence. Read more about this in Section 30. If the Scrutineers’ Committee decides that a Member has lost his or her eligibility, it tables a motion that he or she should lose his or her seat. This motion is put to the vote in Parliament. Section 34 The Folketing shall be inviolable. Any person who infringes its security or freedom, or any person who issues or obeys any command aimed thereat, shall be deemed guilty of high treason. Section 34 Parliament is the country’s supreme authority. Any act that threatens Parliament’s security or freedm to make decisions is regarded as high treason. Under the Danish Penal Code, this may be punished with imprisonment for up to 16 years or life. Even in cases where people have been ordered to attack Parliament, they are not exempt from liability.

If, for example, a soldier or a police officer receives such an order, he must refuse to obey it. Nor is it permitted to disturb the work of Parliament by demonstrating in the Chamber, for instance. However, those who do so will not be indicted for high treason. But it is illegal and usually results in the imposition of a fine. Is Greenland a country or an integral part of Denmark? - Quora Quora Written Feb 15, 2016 Both. Greenland is one of the constituent countries of the Kingdom of Denmark, which also contains Denmark and the Faroe Islands. The kingdom is governed by the queen of Denmark and by the Folketing, the parliament that also governs Denmark proper. Greenland also has its ovn parliament. In practice, Greenland have control over most of their internal politics, but Denmark controls foreign policy and defence. Denmark also have some control over the monetary policy of Greenland, but I don't know how much. Of course, since Denmark is controlled by the Folketing and Greenland gets 2 seats, they have some say in the matter. All in all, it's a pretty odd arrangement.

Question: The Folketing is which country’s parliament?
Answer: Denmark