DENMARK Trends and Developments Contributed by: Jacob Skude Rasmussen, Catherine Schutz and Alexander Højmark, Gorrissen Federspiel
Gorrissen Federspiel Axeltorv 2 DK-1609 Copenhagen V Denmark Tel: +45 33 41 41 41 Email: contact@gorrissenfederspiel.com Web: www.gorrissenfederspiel.com
Access to Justice Introduction
in civil cases compared to the previous year. The National Courts Administration expects case processing times in 2024 to remain at or slightly above 2023 levels. A report by Copenhagen Economics suggests that, without increased financial resources for the courts, the average processing time for civil cases could increase from 22 months in 2022 to over four years by 2030. Concerns emerge when processing times become so lengthy that using the courts becomes impractical. The primary concern is that prolonged processing times may lead to increased reliance on alternative dispute reso- lution methods. Companies are already turning to arbitration as a means of alternative dispute resolution, and this trend has accelerated in recent years. As a result, the courts’ authority as a judicial body may be weakened over time, with arbitration increasingly replacing the courts as the primary means of dispute resolution, if processing times are not reduced drastically. Initiatives to reduce processing times The Danish government has proposed various initiatives to significantly shorten processing times in the courts.
It is a fundamental right that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. In Denmark, citizens and companies alike have traditionally relied on the courts as the primary means of resolving legal disputes. However, over the past decades, processing times in the Dan- ish courts have steadily increased, to the point where this trend undermines the courts’ author- ity as the definitive source of legal resolution. This situation has raised growing concerns about the efficiency and effectiveness of the judicial process, prompting initiatives from the Danish government to address this critical issue. The trend of increased processing times continues The average processing time for civil cases at first instance increased from 571 days to 668 days between 2012 and 2022. According to the National Courts Administra- tion, this trend has continued in recent years. In 2023, district courts received nearly 278,000 incoming civil and criminal cases, which is the highest number recorded, with a 16% increase
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