Judicial court system of Denmark
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The Kingdom of Denmark, consisting of Denmark, Greenland and the Faroe Islands, does not have a single unified judicial system. This article describes only the judicial court system of Denmark. Decisions by the highest courts in Greenland and the Faroe Islands can, however, be appealed to the Danish High Courts.
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The Courts of Justice
In accordence with the Danish Constitution article 3, all judicial authority is vested in the courts of justice.
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. Court actions against ministers and/or former ministers, in cases surrounding their dealings as minister, are however handled by a special Court of Impeachment (Rigsretten), comprised of justices from the ordinary courts and members of parliament. A Special Court of Indictment and Revision (Den Særlige Klageret) handles complaints regarding procedure, disqualification of judges etc. brought fort by the users of the courts, against the courts.
In accordance with the constitution, only judges of the court can pass judgements, whereas parliamentry commissions may only investigate.
Proceedings are oral in general and open to the public. TV and radio transmissions from within the court are prohibited.
The system as a whole, is inspired by the traditions of continental Europe, and mainly the German.
The Administration of Justice Act of 1916 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.
Structure
Image:Danish courts (en).svg The court system consists of:
- 82 County Courts (Byretten)
- 2 High Courts (Landsretten)
- The Maritime and Commercial Court (Sø- og Handelsretten)
- The Supreme Court (Højesteret)
- The Court of Impeachment (Rigsretten)
Furthermore, the Special Court of Indictment and Revision (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.
All judges are jurists. Lay judges may be of any profession, it is however considered good practice, that none may be a jurist.
County Courts and the role of County Court judges
The composition of the county courts vary but is regulated by law. The Copenhagen County Court has 49 judges and a President, whilst Aarhus, Odense, Aalborg and Roskilde county courts have a President and 15, 10, 10 and 7 other judges, respectively. 29 jurisdictions have two to four judges, whilst the last 48 jurisdictions have only one judge.
At the preparatory and trial stages of civil cases only one judge presides. In criminal cases where the defendant pleads guilty to all charges presented against him or her, or when the prosecution does 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 two lay 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 as notary public and bailiffs, as well as administrators of bankruptcy proceedings and probate matters. Furthermore they administer the local land registry. In regard to the administrative tasks, these functions may be assigned to an assessor, which is a deputy judge.
All nuptial agreements and the car-ownership registry are controlled and administered by Aarhus County Court.
High Courts
The High Court functions both as a civil and criminal court of first instance and a civil and criminal appellate court for cases from the subordinate courts. A County Court decision can always be appealed to a High Court. First instance civil cases may only be brought before the High Court if the disputed claim exceeds DKK 1.000.000.
Denmark has two High Courts. The High Court of Western Denmark (Vestre Landsret) sits in Viborg but has chambers in larger western cities. It has jurisdiction over all County Courts in Jutland. It has one President and 38 judges. The High Court of Eastern Denmark (Østre Landsret) sits in Copenhagen but 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 and the High Court of Greenland. It has one President and 63 judges.
The High Courts are split into chambers, each consisting of three High Court judges. Though the President of the High Court appoints a presiding judge for each chamber, all decision are reached by a simple majority, in all types of cases.
As a criminal appellant court in cases where lay judges took part in the County Court trial, the High Court is composed of three High Court judges and three lay judges. High Court judges also sit with lay judges in case of general public interest. In cases where special knowledge is needed, i.e. cases regarding removal of children from their parents, specialists may appear as lay judges.
If the defendant pleads ”not guilty” and when he or she may be sentenced to 4 years or more in prison, the three High Court judges sit with a 12 member jury. It is the jurors duty only to vote on the question of guilt and this decision may be overturned by the judges.
Supreme Court
The Supreme Court functions as a civil and criminal appellate court for cases from the subordinate courts. Since a desision cannot normally be appealed more than once, County Court cases rarerly reach Supreme Court-level, though this may be the case if the independent Board of Appeals grants a leave of appeal.
Founded in 1661 the Supreme Court is the highest Court in the Kingdom of Denmark. 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 15 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 jury trails in the first instance, the defence may appeal on grounds of error in the judges direction to the jury (his summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate.)
Independence
The Constitution insures functional independence from Government and Parliament by providing that judges shall only be guided by the law, including acts, statutes and practice.
Administration of the Courts
The Court Administration was formed in 1999 following the Court Administration Act, 1998. As a result the responsibility of administering the justice system and courts was removed from the Ministry of Justice and given to a newly formed, independent Court Administration (Domstolsstyrelsen), thereby securing separation of the judicial and executive branches of government.
Appointment of Judges
All judges are appointed by the reigning monarch, following recommendations (orders) from the Minister of Justice on the advice of the Judicial Appointments Council. The advice of the council is always followed.
The Judicial Appointments Council, like the Court Administration, was formed in 1999, and facilitates the recruitement of judges from all branches of the legal procession. 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 brances of government.
Removal of Judges
The Constitution, guarantees the personal independence of judges, by protecting them from arbitrary removal. Removal or transfere 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 from each of The Supreme Court, The High Court and The County Court. The verdict may be appealed to the Supreme Court.