Denmark

   

Horizontal Accountability

#3
Key Findings
In the category of horizonal accountability, Denmark falls into the top group (rank 3).

The ombudsman and the National Audit Office are both independent and respected. The Danish Data Protection Agency enforces data protection rules, and can issue fines or demand that specific programs be terminated.

The judiciary is independent of the executive, and has the power to review government actions. There is no dedicated constitutional court; instead, the Supreme Court handles civil and criminal appellate cases. Civil rights are broadly protected. The country has been at the forefront of protecting sexual minorities’ rights. Immigration policies have been tightened in recent years.

Denmark ranks among the least corrupt countries, thanks to strong norms against corruption and the threat of media exposure help maintain this standing. The parliament has sufficient resources and powers to monitor the executive and help shape policy.

Independent Supervisory Bodies

#3

Is there an independent audit office? To what extent is it capable of exercising effective oversight?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is somewhat limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There is no independent and effective audit office.
Effective Public Auditing
10
There are two main independent audit functions in Denmark: the institution of the ombudsman and the National Audit Office (Rigsrevisionen).

In 1955, Denmark became the third country in the world, after Sweden and Finland, to introduce the institution of the ombudsman. The ombudsman is appointed by parliament, and the office operates as an independent institution. Distinguished law professors have often held the position, especially in the early years. The ombudsman office audits bureaucracies to ensure they follow the law and defends citizens’ rights vis-à-vis the bureaucracy. The ombudsman can decide to take up a case on its own or, more commonly, based on a complaint from a citizen. In 2021, the ombudsman handled 5,272 cases, of which 148 were initiated by the office (Ombudsman 2022). Criticisms from the ombudsman normally lead to a change in practice or policy.

The National Audit Office is an independent institution under the authority of parliament and employs approximately 300 academically trained staff. The National Audit Office assists the parliamentary Public Accounts Committee in processing public accounts and supports Danish parliament members in their assessment of these accounts. The office issues independent audit opinions at the ministry level and provides opinions on the overall Danish public accounts. Additionally, the National Audit Office undertakes major studies of specific policy areas, with the results reported to the Public Accounts Committee.

The National Audit Office’s work is highly respected and can lead to policy action. This was seen recently, for instance, in the case of a report on the security surrounding critical IT infrastructure. The National Audit Office found that seven out of 12 systems were insufficiently secure (Rigsrevisionen 2023), which led the government to propose increased funding to enhance the security of these systems.

Citations:
Ombudman. 2022. Folketingets Ombudsmands beretning 2022. https://www.ombudsmanden.dk/findviden/fob/fob2022/

Rigsrevisionen. 2023. “Beretning om statens it-beredskab II.” https://rigsrevisionen.dk/revisionssager-arkiv/2023/dec/beretning-om-statens-it-beredskab-ii

Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is somewhat limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are considerably limited.
 2
 1

There is no effective and independent data protection office.
Effective Data Protection
9
Denmark has an independent authority, the Danish Data Protection Agency (Datatilsynet), which monitors the implementation and enforcement of data protection rules. The agency is led by a chairman and six other members appointed by the minister of justice, and its task is to supervise compliance with personal data protection rules. It also provides guidance and advice, handles complaints, and conducts inspections.

The agency primarily addresses cases of principal importance concerning personal data and the laws governing public institutions’ treatment of personal information. It can sanction companies and bureaucracies with fines or demand the cessation of specific programs. For instance, it intervened when a municipality provided insufficiently secure Chromebooks to primary school students (Datatilsynet 2022).

Major recent issues concern the implementation of General Data Protection Regulation (GDPR).

The agency participates in international cooperative efforts, including within the European Union, and oversees data handling in relation to Schengen and Europol cooperation. Since 25 May 2018, when the European Union’s GDPR went into effect, the agency’s director has represented Denmark on the new European Data Protection Board (EDPB).

Citations:
Datatilsynet. 2022. “Datatilsynet nedlægger behandlingsforbud i Chromebook-sag.” https://www.datatilsynet.dk/afgoerelser/afgoerelser?categorizations=22717

Rule of Law

#2

To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?

10
 9

The judiciary effectively ensures that the government and legislature act in accordance with the law.
 8
 7
 6


The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
 5
 4
 3


The judiciary fails to ensure effective legal compliance in some crucial cases.
 2
 1

The judiciary fails to ensure effective legal control.
Effective Judicial Oversight
10
The Danish constitution (articles 3, 62 and 64) states that “judicial authority shall be vested in the courts of justice … the administration of justice shall always remain independent of executive authority … [and] judges shall be governed solely by the law. Judges shall not be dismissed except by judgment, nor shall they be transferred against their will, except in such cases where a rearrangement of the courts of justice is made.”

Formally, the monarch appoints judges, following a recommendation from the minister of justice on the advice of the Judicial Appointments Council (since 1999), with the goal being to broaden the recruitment of judges, enhance transparency and safeguard organizational independence (Courts of Denmark (2020)). In the case of the Supreme Court, a nominated judge first has to take part in four trial votes in which all Supreme Court judges take part, before he or she can be confirmed as a judge.

The judicial system is organized around a three-tier court system: 24 district courts, two high courts and the Supreme Court. Lower-level judgments can be appealed to high courts and eventually to the Supreme Court. Administrative decisions can normally be appealed to higher administrative bodies first, and after exhaustion of these possibilities, to the courts (Danish Court Administration, 2021).

Denmark does not have a dedicated constitutional court. The Supreme Court functions as a civil and criminal appellate court for cases from subordinate courts.

There is judicial review in Denmark. The courts can review executive action. According to the constitution, “The courts of justice shall be empowered to decide on any question relating to the scope of the executive’s authority.” The judiciary is independent even though the government appoints judges

Governments have always complied with Supreme Court rulings. Even though the Supreme Court has the right to initiate cases on its own initiative against the state, it exercises this power very rarely.

Citations:
Danish Court Administration. 2021. “A Closer Look at the Courts of Denmark.” https://domstol.dk/media/mmxnidch/a-closer-look-at-the-courts-of-denmark.pdf

Courts of Denmark. 2020. “Historic outline.” https://domstol.dk/om-os/english/historic-outline/

How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?

10
 9

There are no limits or constraints on the realization of civil rights.
 8
 7
 6


There are no significant limits or constraints on the realization of civil rights.
 5
 4
 3


There are some significant limits or constraints on the realization of civil rights.
 2
 1

There are multiple significant limits or constraints on the realization of civil rights.
Universal Civil Rights
9
According to section 29 of the Danish constitution, “Any Danish subject who is permanently domiciled in the realm and who meets the age qualification for suffrage as provided for in subsection 2 of this section shall have the right to vote in Folketing elections, provided that he has not been declared incapable of conducting his own affairs.”

According to section 31 of the Danish constitution, “The members of the Folketinget shall be elected by general and direct ballot.” More specific rules are laid down in the election act. The election act stipulates that “franchise for the Folketinget is held by every person of Danish nationality who is above 18 years of age and permanently resident in the realm, unless such person has been declared legally incompetent.” The rule on legal competence applies to the Folketing (section 29 of the constitution), but – according to a decision made by parliament in 2016 – not to local, regional or European Parliament elections. Any person above the age of 18 (since 1978) and “permanently resident in the realm” is thus entitled to vote.

Denmark is traditionally an open and liberal society, and has been at the forefront in ensuring the rights of sexual minorities. Basic rights are ensured by the constitution and supplemented with additional laws focused on specific areas, including ethnicity and the labor market. Citizens can file complaints concerning issues of discrimination to the Board of Equal Treatment or bring discrimination cases before the courts.

Discrimination can take various forms and can be perceived differently depending on position, history and social context. Gender-based discrimination in the labor market relates primarily to wages, but also to hiring and career options.

Indirect discrimination can take various forms, notably in rules and regulations. While rules and regulations are general and apply to all citizens, they can effectively target particular groups. For example, Denmark’s requirement of residency for social assistance (which, if not fulfilled, lowers the amount of assistance) is offered to immigrants from outside the European Union. Although it formally treats all immigrants equally, the scheme de facto impacts immigrants from low-income countries with a low employment rate in particular.

Immigration laws have been tightened several times since 2001. While previous parliaments were often split on these changes, recent parliamentary majorities have supported a tightening of immigration policy. Consequently, the recent shift in the position of the Social Democratic Party is significant. The current coalition government has sought to maintain strict immigration policies.

To what extent are public officeholders prevented from abusing their position for private interests?

10
 9

Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
 8
 7
 6


Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 5
 4
 3


Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 2
 1

Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Effective Corruption Prevention
10
Denmark is among the least corrupt countries in the world and ranks first (followed by Finland and New Zealand) on Transparency International’s Corruption Perceptions Index 2023. Norms against corruption are strong and the risk of media exposure is high. In the past, there were occasional cases of a local government official accepting “services” from business in exchange for contracts with the municipality, but such cases are rare. There have also occasionally been cases of criticism against local officials for overspending on hospitality (e.g., meals) and gifts to external contacts. Again, such cases are rare. As an example that corruption can happen in Denmark, Transparency International still refers to a court case in 2017 that led to the conviction of several employees of IT vendor Atea A/S for bribery and embezzlement. The employees had offered electronic devices to government employees, some of whom were convicted for accepting these devices.

Citations:
Transparency International. 2023. “Corruption Perception Index 2023.” www.transparency.org/en/cpi/2023

Legislature

#5

Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?

10
 9

As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
 8
 7
 6


As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
 5
 4
 3


As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
 2
 1

The resources provided to legislative members are not suited for any effective monitoring of the government.
Sufficient Legislative Resources
9
Work in the Danish parliament is organized in committees structured to mirror the line ministries. The Danish legislature is strong compared to other parliaments and is consistently ranked as the most powerful in Western Europe (Binderkrantz 2015). This power partly explains why minority governments are comparatively common, as opposition parties can expect to secure policy concessions even if they are not formally part of the government (Strøm 2022).

There are three readings of a proposal in committees, during which the committee can request information and summon expert opinions to clarify any unclear issues. Furthermore, according to the Standing Orders of the Danish parliament, at least 30 days must pass from the time a law is proposed until it is passed. This measure is intended to give parliament time to scrutinize the proposal. Thus, committees effectively serve as a monitoring mechanism that allows opposition parties to scrutinize government proposals.

The Danish parliamentary groups (parties) are well funded. A parliamentary group, defined as a group containing four or more members, receives DKK 4.1 million per year. Additionally, the group is allocated DKK 1.5 million annually for expert advice. Each member of parliament is provided approximately DKK 850,000 each year to seek individual advice (Danish Parliament 2023). Moreover, members of parliament earn the right to pay for further education that might help them in their parliamentary career or if they are not reelected.

Citations:
Danish Parliament. 2023. https://www.ft.dk/da/partier/om-politiske-partier/gruppestoette-og-regnskaber#180037B74C7A413C877CC45EEA9A1B41

Martin, et al. 2023. Legislative Resources, Corruption, and Incumbency. Oxford: Oxford University Press.

Strøm, K. 2022. A Land of Minority Governments. Oxford: Oxford University Press.

Are legislative committees able to exercise oversight of government activities in practice?

10
 9

The legislature is able to exercise its oversight function.
 8
 7
 6


The legislature is able to exercise its oversight function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its oversight function in a significant number of cases.
 2
 1

The legislature’s oversight function is frequently and severely compromised.
Effective Legislative Oversight
9
Parliament is entitled to access most government documents. However, some internal ministry documents are not made available. This practice is occasionally criticized by some politicians, especially from the opposition. Nevertheless, ministers and ministries understand the political importance of responding to parliamentary requests. While some documents may be stamped confidential, most committee documents are generally publicly available.

Committees regularly summon ministers for meetings called consultations (samråd). These meetings are key elements of the Danish parliamentary system. Consultations play an important role in the legislative process for members of parliament while also allowing them to exercise control over the government.

Most committee meetings occur behind closed doors. However, committees can choose to hold open meetings – including those without the minister present – and invite external experts, civil servants and representatives from interest organizations to explore and discuss issues. These meetings are also open to the press.

Committees may also decide to conduct larger hearings, occasionally in cooperation with other organizations. These hearings usually take place in the room where the former second chamber of the Danish parliament, the Landsting, met until it was abolished by the new constitution in 1953. To learn more about the issues they legislate, members of parliament also go on study trips and participate in conferences.

Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?

10
 9

The legislature is able to exercise its investigation function.
 8
 7
 6


The legislature is able to exercise its investigation function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its investigation function in a significant number of cases.
 2
 1

The legislature’s investigation function is frequently and severely compromised
Effective Legislative Investigations
9
The Danish parliament has several instruments by which to hold individual ministers and the government accountable. First, parliament can give a minister a warning if it finds that the minister has not provided correct or sufficient information to parliament (Ministeransvarsloven). Parliament can also express a vote of no confidence in a minister. If the vote passes, the minister has to resign. It is very rare for a minister to face such a vote, because ministers typically resign if it is clear that there is a majority behind any such motion of distrust. Finally, parliament can express a lack of confidence in the prime minister, and consequently the government. If such a motion passes, the government has to resign, although it does not necessarily mean that an election will be called. In recent history, the small minority government led by the Liberal Party resigned in 1975 because the Social Democratic Party proposed a vote of no confidence. The government resigned before the vote. Parliament can also impeach a minister. Impeachment processes have to be backed by a majority in parliament. The impeachment process is headed by the president of the Supreme Court and can include up to 15 Supreme Court judges and an equal number of members appointed by parties in parliament. Impeachments are very rare, but in 2021, Inger Støjberg was convicted and sentenced to 60 days in prison because she unlawfully separated immigrant couples. These instruments are based in the Danish constitution and the Ministerial Accountability Act (Ministeransvarlighedsloven).

Parliament has other instruments it can use. In 2021, a law was passed giving parliament the right to initiate a “granskningskommision.” This type of commission is chaired by a judge from the High Court and must report its findings within 12 months. The commission is formulated by parliament and is independent of the Ministry of Justice.

This type of investigation was recently used in a case against Prime Minister Mette Frederiksen, investigating whether she knowingly ordered all minks euthanized despite the lack of a clear mandate for such action in the law. Commissions of this type cannot express a verdict; only parliament can do that. This instrument is based on the Act on Commissions of Inquiry Lov om Undersøgelseskommisioner)

Citations:
Grundloven. https://www.ft.dk/da/dokumenter/bestil-publikationer/publikationer/grundloven/danmarks-riges-grundlov

Lov om undersøgelseskommissioner. 1999. https://www.retsinformation.dk/eli/lta/1999/357

Ministeransvarlighedsloven. 1964. https://www.retsinformation.dk/eli/lta/1964/117

To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?

10
 9

The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
 8
 7
 6


The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
 5
 4
 3


The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
 2
 1

The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
Legislative Capacity for Guiding Policy
9
Government policies have traditionally been consensus-driven. This applies both to parliament, as most governments have been minority governments, and to negotiations involving organizations and the political system, most notably concerning labor market issues.

The committee structure largely corresponds to the structure of ministries. The Ministry of Social Affairs, for instance, corresponds to the social affairs committee in the parliament (Folketinget). The Ministry of Taxation corresponds to the fiscal affairs committee in the assembly. Other committees, for instance, deal with the topics of energy, defense, culture, environment, healthcare and education, and have strong ties to the applicable minister.

A few committees, such as the European Affairs Committee, do not have a direct parallel. Although the Ministry of Foreign Affairs is responsible for coordinating EU policy, the European Affairs Committee engages in consultations (samråd) with all ministers who take part in European Council meetings, and seeks a mandate for upcoming negotiations in the council. This may create internal coordination problems in parliament between the European Affairs Committee and the committees handling the substance of EU legislation (fagudvalg).

Committees in the Danish parliament typically have 29 members. The Finance Committee, however, has fewer members, at just 17. Membership of the committees follows a proportional allocation procedure among members of parliament. Traditionally, the parties in parliament form two coalitions across which committee memberships are assigned. Given that Denmark frequently has minority governments, it is not uncommon to have committee chairs who are not members of the governing parties (Green-Pedersen et al. 2022).

Committees meet weekly when the parliament is in session, and meeting dates are published on the website of the Danish parliament.

Citations:
Green-Pedersen et al. 2022. Offentlig politik. Copenhagen: Hans Reitzel.
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