Courts of Denmark
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TheCourts of Denmark(Danish:Danmarks Domstole,Faroese:Danmarks Dómstólar,Greenlandic:Danmarkimi Eqqartuussiviit) is the ordinary court system of theKingdom of Denmark.The Courts of Denmark as an organizational entity was created with the Police and Judiciary Reform Act (Politi- og Domstolsreformen) taking effect 1 January 2007 which also significantly reformed the court system e.g. by removing original jurisdiction from the High Courts and by introducing a new jury system.
The Courts of Denmark is composed of theordinary courtsconsisting of theSupreme Court(Højesteret), the three high courts: the Western High Court (Vestre Landsret) the Eastern High Court (Østre Landsret), theHigh Court of Greenland(Greenlandic:Kalaallit Nunaanni Eqqartuussisuuneqarfik,Danish:Grønlands Landsret), theMaritime and Commercial Court(Sø- og Handelsretten), the Court of Judicial Registration (Tinglysningsretten), the Special Court of Indictment and Revision (Den Særlige Klageret), the 24district courts,the Court of the Faroe Islands, The Court in Greenland and the four Greenlandic Circuit Courts. Part of the Courts of Denmark are also three boards: the Appeals Permission Board (Processbevillingsnævnet), the Sideline Employment Board and the Judicial Appointment Council. Finally the Danish Court Administration is vested with the joint administration of the whole organization.[1]
The courts of Greenland and the Faroe Islands constitute semi-autonomous parts of the Courts of Denmark and are governed by separate but largely similar procedural codes.
Outside theordinary courtsystem and the joint administration framework of the Courts of Denmark, a separate collective labour dispute court system exists and a number of quasi-judicial bodies exist, some of which are exempt from judicial oversight.
The Courts of Justice[edit]
In accordance with Article 3 of theDanish Constitution,all judicial authority is vested in the courts of justice. The constitution also provides that only judges of the court may pass judgements, whereas parliamentary commissions may only investigate.
The Danish system of courts is based on a unified structure, in which there are no special or constitutional courts of law, as well as no formal division within the courts. As a rule, all courts of law mayadjudicatedisputes in legal areas such ascivil,labour,administrative,andconstitutional law,as well ascriminal justice.[2]
Judicial action againstministersand/or former ministers, in cases surrounding their dealings as minister, are however handled by aCourt of Impeachment of the Realm(Rigsretten), composed of Supreme Court judges and members of parliament.
The Court of Indictment and Revision (Den Særlige Klageret) handles complaints regarding procedure, disqualification of judges, etc. brought by the users of the courts, against the courts.
Proceedings are oral in general and open to the public in the lower courts, and always oral in theSupreme Court.Media transmissions from within the court are prohibited, unless allowed by the presiding judge.
The general structure of the judicial system is inspired by the traditions ofcontinental Europe.
The Administration of Justice Act of 1916 (Lov om Rettens Pleje – Retsplejeloven), the only Danishlegal code,contains almost 1,000 articles, defining the administration and organisation of the courts, covering fields of bothcivilandcriminal procedure.[2]The Act has undergone substantial changes since its enactment in 1916.
Structure[edit]
From 1 January 2007, the Danish courts are composed of the Supreme Court (Højesteret), the two high courts (Landsretten), the CopenhagenMaritime and Commercial Court(Sø- og Handelsretten i København(national jurisdiction)), the Land Registration Court, 24district courts(Byretten), the courts of the Faroe Islands and Greenland, the Appeals Permission Board, the Danish Judicial Appointments Council, and the Danish Court Administration.[2]
Furthermore, the Danish Constitution provides for theCourt of Impeachment of the Realm(Rigsretten) to hear cases brought against ministers concerning their administration. In addition, the Special Court of Final Appeal (Den særlige Klageret) deals with cases concerning disciplinary sanctions against judges and petitions for retrial of criminal cases under Article 86 of the Administration of Justice Act.
The Danish courts exercise the judicial powers of government and resolve related issues, including probate, bankruptcy, enforcement, land registration, and administrative issues.[2]
All judges arejurists.Lay judges may be of any profession, except they may not be attorneys, members of the clergy, or acting civil servants, and it is considered of good practice for none to be jurists.
As of late 2005 a gradual reform of the lower courts is underway.[needs update]When passed, the reform will transform the role of the county and high courts, as well as ensuring that the Supreme Court only handles cases which are principal in nature.
County courts and the role of county court judges[edit]
The composition of the county courts varies but is regulated by law. TheCopenhagenCounty Court has 49 judges and a president, whilstAarhus,Odense,Aalborg,andRoskildecounty courts have a president and fifteen, ten, ten, and seven other judges, respectively. 29jurisdictionshave two to four judges, whilst the last 50 jurisdictions have only one judge.
At the preparatory andtrialstages of civil cases only one judge presides. In criminal cases where thedefendantpleadsguiltyto all charges presented against him or her, or when theprosecutiondoes not ask for a sentence in excess of a fine, the case is also presided by a single judge. In criminal cases where this is not the case, the judge sits with twolay judges.Special rules regarding appointment of lay judges apply to maritime cases.
In cases where lay judges sit with the judge, decisions are adopted by simple majority.
In addition to their normal duties, county court judges act asnotary publicandbailiffs(in particular, thefogedretsees to the enforcement of judgments and legal claims), as well as administrators of bankruptcy proceedings andprobatematters. Furthermore, they administer the localland registry.In regard to the administrative tasks, these functions may be assigned to anassessor,which is a deputy judge. An electronic reform of the land registry system is being implemented, making the system entirely electronic.
Allnuptialagreements and the car-ownership registry are controlled and administered by Aarhus County Court.
High courts[edit]
The high courts function asappellate courtsfor cases from the subordinate courts.[3]A county court decision can be appealed to a high court if the disputed claim exceedsDKK20,000. If the matter has an economic value of less than DKK 20,000 an appeal require permission from theProcesbevillingsnævnet.A high court may dismiss an appeal if the appealed case does not relate to a question of principle or if for other reasons the High Court deems that the appeal should not be brought for a high court.[4]
Denmark has three high courts. The High Court of Western Denmark (Vestre Landsret) sits inViborgbut has chambers in larger western cities. It has jurisdiction over all county courts inJutland.It has one President and 38 judges. The High Court of Eastern Denmark (Østre Landsret) sits inCopenhagenbut has chambers in larger eastern cities. It has jurisdiction over all county courts outside the Jutland peninsula, as well as the County Court for the Faroe Islands. It has one president and 63 judges. The high courts are only set in chambers outside Viborg and Copenhagen in criminal cases. All civil cases are brought before the high courts in either Viborg or Copenhagen.
TheHigh Court of Greenland(Greenlandic:Kalaallit Nunaanni Eqqartuussisuuneqarfik,Danish:Grønlands Landsret) sitting inNuukhas appellate jurisdiction over the inferior courts of Greenland consisting of the four circuit courts and the Court in Greenland. It consists of a single judge, the High Court Judge in Greenland (Greenlandic:Kalaallit Nunaanni Eqqartuussisuuneq,Danish:Landsdommeren i Grønland) but is joined by two high court judges from the other high courts in cases appealed from Court in Greenland.
The high courts are split into chambers, each consisting of three high court judges (landsdommere), one of which may be a high court judge pro tempore (konstitueret landsdommer). Every case is assigned a chamber and a panel of three judges is constituted to hear the case, usually composed of the three judges of the chamber but it may also be composed of judges across the chambers or of more than three judges. Though the President of the High Court appoints a presiding judge for each chamber, all decisions are reached by a simple majority except in jury trials where a qualified majority is necessary for a guilty verdict.
As a criminal appellate court in appealed cases where lay judges have taken part in the county court trial, the high court is composed of three high court judges and three lay judges. In cases where special knowledge is needed, i.e. cases regarding removal of children from their parents, specialists may appear as judges. In jury trials appealed to the high court the court is composed of three judges and nine jurors.
Supreme Court[edit]
The Supreme Court functions as a civil and criminal appellate court for cases from the subordinate courts. Since a decision cannot normally be appealed more than once, county court cases rarely reach Supreme Court-level, though this may be the case if the independent Board of Appeals grants a leave of appeal.[5]
The Supreme Court was founded on 14 February 1661 by King Frederik III, yet can trace its roots back even further to the now-defunct King's Court of King Christian IV (Kongens Retterting). As its name indicates, the Supreme Court is the highest court in the Kingdom of Denmark and its judgments cannot be appealed to another Danish court. It is split into two chambers which both hear all types of cases. A case is heard by at least five judges. In all, the court consists of normally fifteen judges and a president.
Unlike criminal cases in the lower courts, the Supreme Court does not deal with the issue of guilt. However, the basis on which the lower court reached its verdict may be brought into consideration and edited. In criminal trials by jury in the first instance, the defence may appeal on grounds of judicial error regarding the judges' direction to the jury (the summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate).
Independent administration[edit]
Articles 62 and 64 of theDanish Constitutionensurejudicial independencefrom the government and Parliament by providing that judges shall only be guided by the law, including acts, statutes, and practice.
Administration of the courts[edit]
With more than 2,600 employees (including approximately 1,850 clerks), theDanish Court Administrationwas formed on 1 July 1999 following the Court AdministrationAct,1998.[2]As a result, the responsibility of administering the justice system and courts was removed from theMinistry of Justiceand given to a newly formed, independentCourt Administration(Domstolsstyrelsen), thereby securing separation of the judicial and executive branches of government.[6]
Appointment of judges[edit]
As of 2011, there are approximately 380 judges.[2]All judges except for the President of the Supreme Court are appointed by the reigning monarch, following recommendations (orders) from the Minister of Justice on the advice of the Judicial Appointments Council.[2]To date, the advice of the council has always been followed.
The Judicial Appointments Council, like the Court Administration, was formed in 1999, and facilitates the recruitment of judges from all branches of the legal profession. Before 1999, it was felt that too many judges had a career background within the Ministry of Justice.
Likewise, the council was set up to ensure independence from the other branches of government. Even though it is funded via the annual Budget Act, the council enjoys full independence from all three branches of government.
Removal of judges[edit]
Article 64 of theDanish Constitutionguarantees thepersonal independenceof judges by protecting them from removal and transfer by the administration by vesting the power to remove judges in the courts themselves. Removal may only take place in instances of gross misconduct or lasting physical or psychological illnesses. Such dismissals are decided by The Special Court of Indictment and Revision, which consists of one judge each from the Supreme Court, a high court, and a county court. The verdict may be appealed to the Supreme Court.
See also[edit]
References[edit]
- ^Domstolsstyrelsen (2009-03-20)."The Danish judicial system".domstol.dk.Retrieved2012-01-13.
- ^abcdefgDanmarks Domstole (2010).A Closer Look at the Courts of Denmark(PDF).Copenhagen: The Danish Court Administration.ISBN978-87-92551-14-6.Archived fromthe original(PDF)on 2012-11-19.Retrieved2012-01-13.
- ^Description of the High Courts' function, The Danish Judiciary
- ^Description of appeal system, The Danish Judiciary(in Danish)
- ^"domstol.dk - The Supreme Court".Retrieved2012-01-13.
- ^Domstolsstyrelsen (2009-03-20)."The Danish Court Administration".domstol.dk.Retrieved2012-01-13.