2 How the country is governed
Representative democracy
Denmark is a representative democracy*. The most important decisions are made by politicians democratically elected to the Danish Parliament*, regional councils* and municipal councils*.
Legislative, executive and judicial power
In Denmark, legislative, executive and judicial power are wholly independent of each other. Folketinget, the Danish National Parliament, passes the laws of the land. The government enforces these laws aided by the state administration. The courts - i.e. the district courts, high courts and the supreme court - pass judgement and determine sentences.
Democracy was introduced in 1849
Danish democracy is based on the Danish constitution of 1849. The constitution has been amended throughout the years, in 1915, for example, when women were granted the right to vote. The current constitution dates from 1953, but many of its principles remain unchanged from the original.
Constitutional rights
The Danish constitution contains the fundamental rules relating to how the state is to be governed and ensures the country's citizens a number of basic rights and liberties. The Danish constitution guarantees the right of private ownership, the freedom to practise all religions, the right to form associations, the right to demonstrate, and freedom of expression whether it be in written, oral, or any other form.
In Denmark, freedom of speech means a person is free to publish what they feel and think. With due regard, however, to the courts and legislation in general. You can be prosecuted for offending a person's honour or for addressing others in a threatening or degrading manner, for example, on account of their beliefs or ethnic origin.
HRH Queen Margrethe II
HRH Queen Margrethe II has been queen of Denmark since 1972. The Danish royal family is very popular amongst the population. Many people listen to her New Year's speech which is broadcast on radio and television on 31 December at 18.00.
The royal family
The world's oldest monarchy
The Danish monarchy is the oldest in the world. For more than 1,000 years there have been kings, queens, princes and princesses in Denmark. The royal family wields no political power but takes part in public life in various ways and represents Denmark abroad.
Legislative power
Folketinget, the Danish National Parliament, debates and enacts Danish legislation. Folketinget has 179 members who hail from different political parties. Members of Parliament are elected to serve for four years at a time. The Prime Minister, however, can dissolve parliament and call for a general election before the end of this four-year period.
Two of Folketinget's members are elected in Greenland and two in the Faroe Islands.
Open to the public
All parliamentary debates are open to the public and anyone is free to contact the politicians. Political debates are followed closely and discussed in the media.
Executive power
The state administration
The government comprises ministers from one or more political parties. The government is led by the prime minister. Each minister has his own area of responsibility. Together with their relevant institutions, the ministries make up the state. Together with the various regions and municipal authorities, the state constitutes the executive power which is referred to as the state administration.
The government and the state administration draw up and implement the laws of the land.
Judicial power
Independent courts
Danish courts are completely independent. Neither the government nor Parliament can decide how the courts should act in a given case.
The judiciary comprises a supreme court, two high courts and 24 district courts. In addition, special courts deal with specific areas. This applies, for example, to the Danish Industrial Court* and the Danish Maritime and Commercial Court*.
District courts* and high courts
As a general rule, cases are first tried in the district courts. The decision of the district court can be appealed in the high court.
The supreme court
The supreme court is the country's highest court. The supreme court is a court of appeal. This means that it mainly deals with appeal cases from one of the high courts. The decisions of the supreme court cannot be appealed.
The Special Court of Final Appeal
It is possible to appeal a decision to the Special Court of Final Appeal if a person wishes to have a criminal case reopened. This might be because new evidence has come forward in a case that is already closed.
The Integration Council
Municipal authorities can establish integration councils. The job of these councils is to advise municipal authorities about ways in which new citizens and ethnic minorities can actively participate in the local community. Your municipal authority can tell you whether it has an integration council. You can also encourage your municipal authority to set up an integration council.
The local integration councils elect representatives to the nationwide council for ethnic minorities, which advises the government. Find out more by logging onto www.rem.dk
I think it is our duty to become involved
Perwez Iqbal left his native Pakistan in 1970 and settled in Denmark. He is co-founder of numerous immigrant associations. He has also been a member of both the integration council and district council in Albertslund Municipal Authority.
"In my opinion, it is the duty of every immigrant to become actively involved to whatever extent they can and pass on the benefit of personal experience. There are great opportunities for gaining influence at local community level; it's simply a question of using them. I, myself, became active back in the 80s because I wanted to comment on what was being said about immigrants in the media. The experience taught me a lot; I met lots of very different people and today I have many Danish friends. By taking an active part in discussions, I have helped to alter the perception of many Danes towards immigrants and influenced integration initiatives in Albertslund Municipal Authority."
Municipal Authorities and Regions
Close to citizens
Denmark is divided into 98 municipal authorities, each with its own democratically elected municipal council and mayor. Municipal council elections are held every four years. The municipal authorities perform a number of tasks in the local areas within the guidelines established by Parliament.
For example, it is the job of municipal authorities to provide day-care centres, schools, care for the elderly, build roads and ensure a suitable framework for cultural activities in the local areas. The municipal authorities also help foreign nationals settling in Denmark to embark on their new life here - in part by offering Danish language lessons and providing information about Danish society. Find out more about Danish language tuition for new citizens in Chapter 4, New Citizen in Denmark.
Regions
Denmark is divided into five regions*. Each region is governed by democratically elected regional councils that are elected every four years. The regions are responsible for hospitals, collective traffic and regional development planning.
Voting and Elections
The right to vote
Anyone who is 18 has the right to vote and stand for election at municipal elections. If you are a citizen from a country outside the European Union or the Nordic region, however, this only applies if you have held permanent residence in Denmark in the three years preceeding the election.
You must be a Danish citizen in order to take part in general elections and national referendums*.
EU nationals living in Denmark can vote in European Parliamentary Elections*, either here in Denmark or in their home country.
Ballot paper
All those eligible to vote receive a ballot paper in connection with general elections and national referendums. The ballot paper states where and when you can vote. By casting your vote you help to shape Danish society and everyday life in Denmark. Denmark has a tradition of high voter turnout at elections.
The political parties
Denmark has numerous political parties that field candidates at political elections. If you want to influence candidate selection, you have to become a member of a political party. At regional and municipal elections, cross-party lists and special non-party citizens lists* can also field can
didates.
Society founded on the rule of law
Denmark is a democratic society founded on the rule of law*. This means that the government and the state administration, including the police, are subject to democratic control and that the courts act independently of the government. All citizens have certain fundamental rights and liberties, and are bound to respect the law. All citizens have the right to be treated properly and in accordance with the law by the administrative authorities and the courts.
Duty of secrecy
Public authority employees have duty of secrecy. As a general rule, this means that personal information may only be passed on to your employer or physician with your prior consent.
You have the right of access to your own records. Normally, if you apply for records access you will be told what information is contained in your document records.
The Parliamentary Ombudsmand
The Ombudsmand is elected by Parliament and deals with questions regarding mistakes or negligence on the part of the state administration. The Ombudsmand is independent of the government and can initiate his own inquiry.
Anyone can contact the Ombudsmand if they feel that an authority is guilty of breaking a rule or of making an administrative error. However, all other avenues of complaint should first have been exhausted. The service provided by the Ombudsmand is free to all citizens.
Your right and possibilities to complain about the state administration
The Danish Public Administration Act contains rules on how the public authorities are to treat citizens.
Among other things, the Act states that the refusal of a request must be justified. And the Act further states that the state administration must advise you of the possibility of complaining to an alternative authority if such an authority exists.
Crime and punishment
If a person is believed to have committed a crime, the police will investigate the case. It is the public prosecutor who prosecutes the case. The courts decide whether a person is to be sentenced.
Brought before a judge within 24 hours
If you have been arrested for a crime, you have the right to be brought before a judge within 24 hours. The judge will decide whether a person is to be remanded in custody* while the police investigate the case.
As the accused in a criminal proceedings, you have the right to remain silent. And you have the right to legal counsel from a lawyer.
Fines, prison and other sanctions
There are two kinds of punishment: fines and prison. Youths under the age of 18 and the mentally ill can be sentenced to treatment.
Suspended and unsuspended sentences
Prison sentences can either be suspended or unsuspended. If a person receives a suspended sentence, they will only be sent to prison if they commit a new crime. Other conditions, however, may accompany a suspended sentence, such as the need for the convicted person to follow a course of treatment.
Life sentence is the severist punishment
A life sentence is the severist sentence the courts can hand down. Denmark does not have the death penalty.
Youths under 15
Youths under 15 can not be prosecuted. However, suspects under the age of 18 can be detained by the police. Even though youths under the age of 15 can not be prosecuted, the social authorities can decide to send them on certain courses or place them in a closed, 24-hour care centre.
Criminal record
An employer can ask to see a person's criminal record before deciding whether to employ them.
A criminal record is a document that states whether a person has been convicted, the nature of their crime and the sentence they have received.
If you require a criminal record, you can apply to the nearest police station.
Free Legal Aid
Help from the state
If you are involved in legal proceedings and have a low income, you can apply for free legal aid. If you are granted free legal aid, the state will help to pay for a lawyer and cover your legal costs.
Legal Aid
If you have a legal problem, you can apply for legal aid or to the Legal Advice Bureau. Here, a jurist will provide anonymous legal counsel. This service is either free or extremely affordable. You can find out more about legal aid or the Legal Advice Bureau by logging onto www.advokatsamfundet.dk.
The Police
Anyone can go to the police.
The task of the police is to maintain public order and prevent, investigate and solve crime. Anyone can go to the police for help and to report an offence. For example, you can go to the police if you have been robbed or attacked or if you have witnessed a crime. You can also call 112.
In many areas, the police work with schools and social authorities in the so-called SSP scheme. This is a joint initiative to prevent crime amongst youths.
Rules governing the police
The police are required to follow a number of rules when arresting or questioning a suspect. They must not use or threaten to use violence. And they must inform the arrested party of his or her rights.
Great trust in the police
By and large, Danes have great trust in the police. If a person is dissatisfied with police treatment, they can complain to the public prosecutor* who, among other things, deals with complaints regarding police behaviour. There are six regional public prosecutor offices. To find out more, log onto www.rigsadvokaten.dk.
Self-redress
It is forbidden to take the law into your own hands, for example, by hitting someone because they have annoyed you. This is known as self-redress and is a criminal offence.
Denmark and the world
Many international connections
Denmark has many international connections. Denmark is a member of the European Union (the EU*), the Council of Europe, the United Nations (the UN), the North Atlantic Treaty Organisation (NATO*), the Organisation for Economic Co-operation and Development (OECD*) and World Health Organisation (WHO*).
International conventions
Denmark has signed a number of international conventions regarding the protection of human rights. For example, the UN's convention against torture, its convention against all forms of racial discrimination, all forms of discrimination against women and its convention regarding children's rights.
As a member of the Council of Europe*, Denmark has joined the European Human Rights Convention and incorporated it into Danish law.
Denmark became a member of the European Union in 1973. Since then, EU influence has grown in many areas, considerably affecting the legislation of its member states. Among other things, member states collaborate on the environment, consumer issues and free trade in the common market. Some have a common currency, the Euro. Denmark is not part of the Euro zone.
As a member of the United Nations (the UN), Denmark plays its part in helping those in need, securing peace and development in the world and promoting respect for human rights.
Within the military alliance, NATO, and the economic organisation, OECD, Denmark works closely with Canada, the United States and numerous other countries.
International development co-operation
Denmark sends 0.8 percent of its GNP to development projects with poor countries in such continents as Africa, Asia and Latin America.
Financial aid is given through the UN and other international organisations and by Denmark direct to the recipient country.
Aid is given on the basis of close collaboration with recipient countries so they can take responsibility for their own development.
Key words in Danish aid are help to the poorest people, equality of the sexes, strong government, democracy, human rights, consideration for the environment and sustainability.
Help to refugees
Denmark plays its part in helping the world's refugees. This is done, for example, through international peace keeping missions, support for rebuilding war-torn areas, resettlement of refugees and the repatriation of refugees when conditions allow.
The resettlement of refugees takes place in communities close to the areas of conflict and in Denmark. Each year Denmark offers resettlement to 500 refugees in accordance with its agreement with the UN's High Commissioner for Refugees (UNHCR). In addition to this number, Denmark receives a varying number of people who arrive in the country and are granted refugee status.