Courts of Denmark

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 Court of Indictment and Revision (Den Særlige Klageret) handles complaints regarding procedure, disqualification of judges, etc.

The Administration of Justice Act of 1916 (Lov om Rettens Pleje – Retsplejeloven), the only Danish legal code, contains almost 1,000 articles, defining the administration and organisation of the courts, covering fields of both civil and criminal procedure.

[2] Furthermore, the Danish Constitution provides for the Court of Impeachment of the Realm (Rigsretten) to hear cases brought against ministers concerning their administration.

In addition, the Special Court of Final Appeal (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.

Lay judges may be of any profession, except they may not be attorneys, members of the clergy, or acting civil servants, and it is considered of good practice for none to be jurists.

A gradual reform of the lower courts, which began in late 2005, was a significant overhaul of the Danish judicial system.

Special rules regarding appointment of lay judges apply to maritime cases.

In addition to their normal duties, county court judges act as notary public and bailiffs (in particular, the fogedret sees to the enforcement of judgments and legal claims), as well as administrators of bankruptcy proceedings and probate matters.

All nuptial agreements and the car-ownership registry are controlled and administered by Aarhus County Court.

However, the basis on which the lower court reached its verdict may be brought into consideration and edited.

Articles 62 and 64 of the Danish Constitution ensure judicial independence from the government and Parliament by providing that judges shall only be guided by the law, including acts, statutes, and practice.

[2] 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.

The Judicial Appointments Council, like the Court Administration, was formed in 1999, and facilitates the recruitment of judges from all branches of the legal profession.

Even though it is funded via the annual Budget Act, the council enjoys full independence from all three branches of government.

Removal may only take place in instances of gross misconduct or lasting physical or psychological illnesses.