The Danish Judicial System
- Denmark
- 05/08/2007
The Danish Courts exercise the judicial powers of government and resolve related issues, including probate, bankruptcy, enforcement, land registration and administrative issues.
From 1 January 2007, the Danish Courts are composed of the Supreme Court, the two high courts, the Copenhagen Maritime and Commercial Court, the Land Registration Court, 24 district courts, the courts of the Faroe Islands and Greenland, the Appeals Permission Board, the Special Court of Indictment and Revision , the Danish Judicial Appointments Council and the Danish Court Administration.
The Supreme Court
The Supreme Court is the final court of appeal in Denmark and is situated in Copenhagen. The Supreme Court reviews judgments and orders delivered by the High Court of Eastern Denmark, the High Court of Western Denmark and the Copenhagen Maritime and Commercial Court.
The Supreme Court reviews both civil and criminal cases and is the final court of appeal (third tier) in probate, bankruptcy, enforcement and land registration cases. In criminal cases, the Supreme Court does not review the question of guilt or innocence. There are no lay judges on the Supreme Court panel. Only in exceptional cases is there a right of appeal (third tier) to the Supreme Court, see below.
High courts
There are two high courts in Denmark – the High Court of Western Denmark and the High Court of Eastern Denmark. Appeals from a district court lies to the high courts. Civil and criminal cases are tried by the districts courts (first tier). In exceptional circumstances, a civil case may be referred to a high court.
The Copenhagen Maritime and Commercial Court
Since its formation in 1862, the Copenhagen Maritime and Commercial Court has heard cases concerning commercial matters.
The Copenhagen Maritime and Commercial Court’s competence has been extended successively, and today the court hears cases concerning maritime and commercial matters in the Greater Copenhagen area.
Parties residing outside this area, including foreign parties, may make an agreement that their case is to be settled by the Copenhagen Maritime and Commercial Court. Cases under the Danish Trade Marks Act and Marketing Practices Act fall within the jurisdiction of the Copenhagen Maritime and Commercial Court irrespective of where in Denmark the parties reside.
In addition, the Bankruptcy Division hears all bankruptcy, suspension of payments and debt rescheduling cases arising in Greater Copenhagen.
The Land Registration Court
The Land Registration Court was established on 1 January 2007. The Land Registration Court will handle registration of titles to land, mortgages and other charges, marriage settlements etc. The Land Registration Court’s jurisdiction extends to all of Denmark.
Disputes arising from registration are settled by the Land Registration Court. There is a right of appeal to the High Court of Western Denmark. The Land Registration Court will take over registration from the district courts successively, but registration will not be totally centralised until 2008.
District courts
District courts hear civil, criminal, enforcement, probate and bankruptcy cases. Notarial acts also fall within the jurisdiction of district courts. Some district courts will continue to handle registration in certain jurisdictional districts until such registration is taken over by the Land Registration Court.
The Court of the Faroe Islands
The court of the Faroe Islands is situated at Tórshavn. Its jurisdiction comprises all the islands. The court at Tórshavn hears the same cases as do district courts in other regions of Denmark. Appeal lies to the High Court of Eastern Denmark.
The courts of Greenland
The courts of Greenland are composed of the High Court of Greenland and 18 magistrates’ courts. Magistrates’ court decisions are made by a magistrate and two lay judges, none of whom holds a law degree.
The magistrates’ courts hear all civil and criminal cases. Under certain circumstances, the High Court of Greenland may take over the hearing of a case if it is found to require special legal insight or other expertise. Appeal against a decision made by a magistrates’ court lies to the High Court of Greenland. Major cases are, however, brought directly before the High Court of Greenland. Appeal lies to the High Court of Eastern Denmark.
The Appeals Permission Board
The Appeals Permission Board was established on 1 January 1996 and has since then considered petitions for leave to appeal in civil and criminal cases (second- and third-tier grants).
Thus the Appeals Permission Board considers petitions for leave to appeal to the Supreme Court although the cases in questions have already been tried and reviewed (third-tier grant). Such cases are test cases, e.g. cases that may have implications for rulings in other cases, or cases of special interest to the public. Certain case types require permission by the Appeals Permission Board in order to be brought before a superior court (second-tier grant).
In terms of grants and administration, the Appeals Permission Board belongs under the Danish Court Administration, but the Appeals Permission Board is otherwise independent of the judiciary and the government services. So there is no appeal from the Board’s decisions to the Minister of Justice or the Parliamentary Commissioner for Civil and Military Administration in Denmark.
From 1 January 2007, the Appeals Permission Board will also act as the board of appeal for decisions on free legal aid made by the Civil Affairs Agency.
The Special Court of Indictment and Revision
The Special Court of Indictment and Revision deals with disciplinary matters concerning judges or other legal staff employed by the courts, including the courts of the Faroe Islands and Greenland, and the Appeals Permission Board. In addition, the Special Court of Indictment and Revision may reopen criminal cases and disqualify counsel for the defence in criminal cases.
The Special Court of Indictment and Revision is composed of a supreme-court judge, and high-court judge, a county-court judge, an attorney and a lawyer with scientific expertise.
The Judicial Appointments Council
The Judicial Appointments Council, established on 1 July 1999, submits recommendations to the Minister of Justice for all judicial appointments except the post of president of the Supreme Court.
The Council may only recommend one applicant for an opening. Recommendations must be reasoned and include any differences of opinion. In practice, the Minister of Justice always follows the Council’s recommendations.
The Danish Judicial Appointments Council is an independent council. The Danish Court Administration acts as secretariat to the Council, and the Minister of Justice appoints the members of the Council based on the comments of a plenary sitting of the Supreme Court, the high courts, the Association of Danish Judges, the General Council of the Danish Bar and Law Society, the National Association of Local Authorities in Denmark and the Danish Adult Education Association.
The Council is composed of a supreme-court judge (chairman), a high-court judge (vice-chairman), a district-court judge, an attorney and two representatives of the public.
The Danish Court Administration
The Danish Court Administration was established as a new independent government institution on 1 July 1999. It ensures proper and adequate administration of the courts’ and the Appeals Permission Board’s funds, staff, buildings and it.
The Danish Court Administration is headed by a board of governors and a director. The Danish Court Administration belongs under the Ministry of Justice, but the Minister of Justice has no jurisdiction over it and may not change decisions made by the Danish Court Administration.
The board of governors is the chief executive and generally liable for the activities of the Danish Court Administration. The director, who is appointed and may be discharged by the board of governors, is in charge of the day-to-day management. The director is not required to hold a law degree.
The composition of the Danish Court Administration’s board of governors is provided by the Danish Court Administration Act. The board of governors has 11 members, eight of whom are court representatives, one is an attorney and two have special management and social insights.
Source: Domstol
