The legal system of Denmark
A Nordic civil-law system that relies less on comprehensive codes than the Germanic tradition and more on statute interpreted pragmatically by a unified court system. An EU member with an opt-out from parts of justice and home affairs.
Legal tradition
Denmark belongs to the civil law (nordic) tradition. A Nordic civil-law system that relies less on comprehensive codes than the Germanic tradition and more on statute interpreted pragmatically by a unified court system. An EU member with an opt-out from parts of justice and home affairs.
How power is divided
Parliamentary government in which the cabinet is drawn from and answerable to the Folketing, with an independent unified judiciary.
Where law comes from
- Grundloven
- The constitutional act of 1953.
- EU law
- Directly applicable, subject to Denmark’s justice and home-affairs opt-out.
- Statutes (love)
- Enacted by the Folketing.
- Case law
- Persuasive and, from the Supreme Court, strongly guiding.
The legal profession
A single advokat profession admitted after a law degree, practical training and a bar course; judges are appointed from experienced lawyers.
Law by topic in Denmark
- Tax LawWorldwide income, high progressive rates and 25% VATResidents are taxed on worldwide income through combined state and municipal taxes at some of the world's highest rates, administered by the Danish Tax Agency. VAT (moms) is a flat 25%.
- Civil ProcedureThe Retsplejelov, district courts and a small-claims trackCivil procedure is governed by the Administration of Justice Act. Cases start in the district courts, with a simplified small-claims process for lower-value disputes and appeal to the High Courts.
- Property & LandFully digital land registration (tinglysning) without a notaryDenmark runs a fully digital land register at the Land Registration Court, so transfers are recorded electronically without a notary. Estate agents and banks usually handle the conveyance and mortgage registration.
- Employment & LabourThe flexicurity model, driven by collective agreements not statuteDanish labour law is dominated by the 'Danish model' in which pay and most conditions are set by collective agreements rather than statute. Hiring and firing are flexible, balanced by strong unemployment support.
- Business & CorporateThe ApS and A/S registered digitally at the Danish Business AuthorityThe private limited company (ApS) and public limited company (A/S) are the main forms, registered online at the Danish Business Authority within days. Registration produces a CVR number used across public administration.
- Immigration & NationalityEU free movement plus the Aliens Act pay-limit and positive-list schemesImmigration is governed by the Aliens Act (Udlændingeloven). EU/EEA citizens move freely; skilled non-EU workers use schemes such as the Pay Limit and Positive List routes administered by SIRI and the Immigration Service.
- Family LawAdministrative no-fault divorce and marriage equality since 2012Most family matters are handled administratively by the Agency of Family Law (Familieretshuset). Same-sex marriage has been available since 2012, and spouses can divorce directly by agreement.
- Criminal LawThe Straffeloven, lay judges and a unified prosecution serviceCriminal law rests on the Penal Code (Straffeloven). Serious cases are tried with lay judges alongside professionals, and prosecutions are run by the police and the Director of Public Prosecutions.
- Constitutional LawThe 1953 Grundlov, a unicameral Folketing and a constitutional monarchyDenmark is a constitutional monarchy governed under the 1953 Constitutional Act. Legislative power is shared between the Monarch and the single-chamber Folketing, and sovereignty may be delegated to international authorities under section 20.
- Human RightsThe ECHR incorporated by statute and enforced by ordinary courtsDenmark incorporated the ECHR into domestic law in 1992, and the courts apply it directly. The Danish Institute for Human Rights is the national human-rights institution.
Found something out of date on Denmark?
Corrections are reviewed against the primary source before anything changes.