DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
Fabritius Tengnagel & Heine Amaliegade 4a, 2. Sal 1256 Copenhagen K Denmark
Tel: +45 33 13 69 20 Email: tbn@dklaw.dk Web: www.dklaw.dk
1. General 1.1 General Characteristics of the Legal System The Danish legal system is based on civil law. The principle of orality applies in Danish legal proceedings, so cases are primarily conducted orally in court dur- ing a final hearing. However, case preparation largely takes place in writing. Statutes are the primary source of law in Danish legal practice. Court decisions also constitute a sig- nificant source of law, as the interpretation of the law is determined and clarified through the courts’ legal precedents. Furthermore, there are legal principles in Danish law that are not explicitly stated in the law but can be derived from the courts’ legal precedents. As a member of the EU, Denmark is significantly influ- enced by EU law. Denmark has reservations regarding supranational co-operation but participates in some areas of EU co-operation through parallel agreements, including the Brussels I Regulation. The Danish legal system follows an adversarial model. The parties involved in a court case are responsible for presenting the relevant claims, arguments and evi- dence that form the basis for the court’s decision. 1.2 Court System General Courts In Denmark, the judicial system is structured into three levels, with 24 district courts, two high courts and one Supreme Court. These are general courts that handle all types of cases, including civil and criminal cases – unless the nature of the case necessitates referral to a specialised court.
Procedures in the general courts are regulated by the Administration of Justice Act. Cases are normally heard by the district court in the first instance, with the possibility of appeal to the high court. A case can be heard in the high court in the first instance if the case is of a principled nature, has gen- eral significance for the application and development of law, or has significant societal implications. The possibility of appealing a case a second time (to be heard in the third instance) requires permission from the Danish Appeals Permission Board. The Supreme Court primarily deals with cases of a principled nature and of general public importance. Processing times In 2024, the average processing time for civil cases in district courts was 13.7 months, reflecting an increase of 0.5 months compared to 2023. In the high courts, the average processing time for first-instance civil cases was 44 months in 2024, an increase of 6.4 months compared to 2023. Civil appeal cases had an average processing time of 11 months. The average processing time for civil appeal cases in the Supreme Court was 7 months in 2024, represent- ing a decrease of 5.3 months compared to 2023. Although the average processing time for civil cases in the district and high courts has increased compared to the previous year, it is expected to decrease in the coming years due to a political agreement on the judi- ciary’s budget for the period 2024-2027, which was reached by all political parties in the Danish Parlia- ment on 22 November 2023. (see 14.1 Proposals for Dispute Resolution Reform).
262 CHAMBERS.COM
Powered by FlippingBook