Danish Law - The Courts of Justice

The Courts of Justice

In accordance with article 3 of the Danish 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 may adjudicate disputes in legal areas such as civil, labour, administrative and constitutional law as well as criminal justice.

Judicial action against ministers and/or former ministers, in cases surrounding their dealings as minister, are however handled by a Court 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 the Supreme 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 of continental Europe.

The Administration of Justice Act of 1916 (Lov om Rettens Pleje – Retsplejeloven), the only Danish legal code, contains almost 1000 articles, defining the administration and organisation of the courts, covering fields of both civil and criminal procedure. The Act has undergone substantial changes since its enactment in 1916.