DENMARK Trends and Developments Contributed by: Jacob Skude Rasmussen, Catherine Schutz and Alexander Højmark, Gorrissen Federspiel
In November 2023, the Danish government con- cluded a multi-annual agreement on the financ- ing of the judiciary, providing the justice system with approximately EUR306.8 million over a four- year period from 2024 to 2027. This increase in funding aims to reduce case processing times in the courts by appointing more judges and staff, increasing courtroom capacity and enhancing IT support. Furthermore, the Danish government has intro- duced a series of procedural reforms aimed at simplifying several procedural rules to improve the efficiency of court proceedings. These reforms are based on recommendations from two expert committees: the ad hoc Rørdam Committee and the Standing Committee on Procedural Law. These committees have proposed several amendments to the Danish Administration of Justice Act, including: • raising appeal thresholds in civil cases from DKK20,000 (EUR2,680) to DKK50,000 (EUR6,700); • increasing the limits for small civil claims cases from DKK50,000 (EUR6,700) to DKK100,000 (EUR13,400); • imposing sentencing of up to one year impris- onment in criminal cases where a defendant fails to appear in court without a valid legal reason; and • increasing appeal thresholds in fine cases without permission from the Appeal Permis- sions Board, from DKK6,000 (EUR800) to DKK20,000 (EUR2,680). These proposals were passed into law on 11 June 2024 and entered into force on 15 June 2024. The initiatives are expected to result in
savings of approximately EUR6.7 million once they are fully phased in. Critical perspectives on the Danish government’s initiatives Although the Danish government’s efforts to streamline court procedures and reduce case processing times have generally received a posi- tive response, certain organisations have raised concerns, arguing that the proposals could affect access to justice. The Danish Bar and Law Society has publicly criticised these initiatives, arguing that they will have a very low economic benefit and only a limited impact on reducing civil case process- ing times, while potentially undermining citizens’ legal protections and access to the courts: • the increased appeal thresholds in civil cases may prevent justified claims from being tried at more than one level; and • the increased limits for small civil claims will hinder citizens’ access to legal assistance and coverage from their legal aid insurance. Similar concerns about access to justice have been raised by the legal think tank Justitia, and by the Confederation of Danish Industry, both of which argue, inter alia, that increasing the appeals threshold in civil cases could negatively impact access to justice. Nevertheless, efforts to reduce the prolonged processing times in the courts are essential to ensuring access to justice and maintaining the courts as the primary means of dispute resolu- tion in Denmark. It is anticipated that the Danish government will continue to propose additional initiatives in the future if the current amendments do not sufficiently reduce case processing times.
374 CHAMBERS.COM
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