DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
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 during a final hearing. However, the preparation of cases largely takes place in writing. Statutes are the primary source of law in Danish legal practice. Court decisions also constitute a significant 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 explic- itly stated in the law but can be derived from the courts’ legal precedents. Denmark is a member of the EU, so EU law plays a significant role in Danish law. Denmark has res- ervations regarding supranational co-operation, but does participate 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 evidence that form the basis for
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 general 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 third instance) requires permission from the Danish Appeals Permission Board. The Supreme Court primarily deals with cases of a principled nature and cases of general public importance. Processing times In 2023, the average processing time for civil cases in district courts was 13 months, reflecting an increase of 0.2 months compared to 2022. In the high courts, the average processing time for first-instance civil cases was 37.6 months in 2023, an increase of 9 months compared to 2022. Civil appeal cases had an average pro- cessing time of 9.8 months. The average processing time for civil appeal cases in the Supreme Court was 12.2 months in 2023, representing a decrease of 0.6 months compared to 2022. The average processing time for civil cases is expected to decrease in the coming years due to a political agreement regarding the judici- ary’s budget for the period 2024–2027, which was reached by all political parties in the Danish Parliament on 22 November 2023 (see 14.1 Pro- posals for Dispute Resolution Reform ).
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 spe- cialised court.
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