Denmark

by Rasmus Smith Nielsen, PhD student The article concludes that the Danish Supreme Court in its judgment UfR 2017.824H (Ajos case) has ruled that 1) an application of the general EU principle prohibiting discrimination on grounds of age in Denmark together with 2) direct effect and horizontal effect of article 21 in the Charter on Fundamental Rights of the European Union and 3) direct effect of law derived from TEU art. 6, section 3, would under e.g. the Danish EU accession law constitute an infringement of art. 88 of the Danish Constitution (amendment of the constitution), and 4) the European Court of Justice has according to the Danish Supreme Court, at least, before 1th December 2009 infringed the treaty (currently TEU and TFEU), cf. e.g. TEU art. 5, section 2, TEU art. 13, section 2, and TFEU art. 352.
by Helle Krunke. When the present Danish government was appointed in the fall of 2011 it announced that it wanted to initiate a new discussion of the Constitution and form a constitutional commission. This initiative was launched in a government platform together with other aims. However, the government now has one year left in office and no constitutional debate or commission has seen the light of day yet. In 2015 Denmark celebrates the 100-anniversary of the former 1915-Constitution which is normally said to be the Constitution which turned Denmark in to a real democracy.

Latest Posts

Swiss votations on February 9, 2020

by Prof. Markus Kern / Fabian Schmid, University of Bern

On February 9, 2020, two proposals were up for decision by the Swiss electorate:
– the Popular Initiative claiming “more affordable homes” as well as
– a referendum concerning a ban on discrimination based on sexual orientation in criminal law
The Popular Initiative was rejected by 57.1% of the Swiss population and by all but 4½ of the cantons, whereas the amendment of criminal law was clearly accepted by a majority of 63.1% of the voters. Electoral turnout was at 41.7% resp. 40.9%.

Read More »

Illiberal constitutionalism 2 – constraints on public power

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary

Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.

Read More »