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The Parliamentary System of Denmark

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Contents
Foreword 7

History of the parliamentary system of Denmark 9

Parliament building 11

Danish form of government 12

Electoral system 15

Sessional year and work in the Chamber 19

Committee readings 22

The Folketing Services 27

5
Cabinet responsibility was
introduced in 1901. This
meant that it became
possible for a parliamen-
tary majority to over-
throw the Government.

6
Foreword

Danish democracy was introduced gradually as a result of foreign influences as well as of


national debates and intellectual fights which had been going on for generations. It is
founded largely on the ideas which saw the light of day in the 18th and 19th centuries
as a reaction against royal absolutism. One of the main thoughts originated in the belief
that power as exercised in society should not be the right of the upper classes but of the
lower, it should stem from the people. All men are born equal and are therefore entitled
to vote at elections to legislative assemblies.

After several decades of intellectual fights aimed at introducing a liberal Constitution,


the central principles of Danish democracy were laid down in the Constitutional Act of
June 1849, and they remain to this day the backbone of the present Constitutional Act
of June 5th 1953. Today, Danish democracy is safeguarded by being a representative
government built on individual rights laid down in the Constitutional Act. These rights
comprise personal and political rights of freedom as well the freedom of speech, the
freedom of assembly, the freedom of association and the freedom of belief.
Furthermore, Danish democracy is characterized by universal suffrage, secret ballot,
proportional representation, a unicameral system and Cabinet responsibility.

Though Danish democracy is a sound and very lively form of democracy, it is important
to bear in mind that democracy must never wither away. And since the date on which it
was first introduced in Denmark, democracy has been undergoing a continuous process
of development. Future challenges will, likewise, require changes if the living democra-
cy is not to die. The Danish population as well as the Members of the Folketing need to
make an active contribution to keep it this way. Parliament’s Interactive Visitors’ Centre
entitled “Politician for one single day” has been set up in order to encourage young per-
sons – throughout the year - to participate actively in promoting Danish democracy.

The present edition of “The Parliamentary System of Denmark” gives an outline of how
Danish democracy actually works. And the booklet also gives you an overview of the
parliamentary Administration and of the tasks with which the civil servants and staff are
dealing.

Christian Mejdahl
Speaker of the Folketing

The Folketing, Copenhagen, November 2005

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After 1814, the Danish political
system was strongly influenced
by developments in Europe. Liberal
forces were heard speaking in
favour of an increasing share
in government on the part of the
people.

8
History of the
parliamentary system of Denmark
Danish democracy is founded on the King signed a new democratic It was only after the year 1900 that the
thoughts the seeds of which were Constitution. The Constitutional Act liberal farmers' party, entitled the
sown in 18th century Europe as a reac- of 1849 was strongly influenced by the Liberal Party, came into power. But
tion against royal absolutism which Belgian Constitutional Act of 1830 in the Party did not dominate legislation
was introduced as the form of govern- its structure and mode of thought as for long due to internal cleavages and
ment in Denmark in 1660. well as by the Norwegian Constitu- a permanent conflict with the Con-
tional Act of 1814. These Consti- servative majority of the Landsting. In
The transition from absolutism to re- tutions can again be said to build on 1915, an amendment was made to
presentative government was on the 18th century ideas primarily formula- the Constitutional Act which meant
whole a gradual process. There was no ted by Montesquieu and Rousseau. that the power of the Landsting was
question of a revolution, for although The Danish Constitutional Act of 1849 limited, women got the right to vote,
the ruling monarch had almost was extremely liberal and contained and a more just electoral system,
absolute power, absolutism in provisions on i.a. universal suffrage, introducing the system of proportion-
Denmark was to a large extent a colle- freedom of assembly, freedom of con- al representation came into use.
giate form of government; at the end science and universal military service.
of the 18th century it included the During the First World War, from 1914
foremost men of the Age of Enlighten- In the years succeeding the first to 1918, Denmark remained neutral
ment. They carried through a social Constitutional Act, reactionary cur- vis-à-vis the combatants. And the
and economic revolution that covered rents instigated by large estate own- Government succeeded in keeping
agricultural reforms, abolition of ers and civil servants, supported by the country out of the War.
adscription and school reforms for the the new King, as well as political pres-
ordinary population. sure from foreign countries, led to cur- In the interwar period, Denmark like
tailments in the liberal Constitution. many other European countries expe-
At the beginning of the 19th century, Conservative forces made use of the rienced a heavy migration from coun-
Denmark was involved in the wars continued confrontations with the try to town pari passu with the grow-
between Germany, Britain and France. most southern pro-German duchies – ing industrialization. This meant a
Admiral Nelson defeated the Danish which in 1864 led to a military defeat strengthening of the Social Demo-
fleet in the Battle of Copenhagen in for Denmark and a victory for Prussia cratic Party, which took the place of
1801, the British bombarded Copen- and Austria – to make amendments to the Liberal Party as the dominating
hagen and seized the Danish fleet in the Constitution. party in the Folketing.
1807, the State went bankrupt and
subsequent to the peace negotiations The election rules applying to the During the Second World War,
in Vienna in 1814, Denmark had to Upper Chamber, the Landsting, were Denmark again observed neutrality
cede Norway and accept that the most amended in 1866, in a way that gave but irrespective of this fact, Nazi
southern part of the Kingdom, the large estate-owners and men of busi- Germany occupied Denmark in 1940.
Duchy of Holstein, was integrated in ness a permanent majority. As the The Occupation lasted until May 1945.
the German federation. King chose his Ministers from the After the Liberation, the Danish
same circles, the popularly elected Freedom Council, which was set up by
After 1814, the Danish political sys- liberal Folketing was put out of the the Resistance Movement, together
tem was strongly influenced by deve- running especially in the period from with the largest political parties from
lopments in Europe. Liberal forces 1884 to 1894 when the Government the interwar period formed a coalition
were heard speaking in favour of an issued the annual Finance Acts with- Government which was later to be
increasing share in government on the out consulting Parliament. replaced by Social Democratic
part of the people. And in 1849 the Governments. The latter dominated

9
Danish politics up to some time in the a division between the legislative, the goes against it. The Folketing’s
1960s apart from short intervals with executive and the judicial powers. In influence on the executive power is
Liberal-Conservative Governments. accordance with the Constitutional limited to issuing general guidelines
Act of the Kingdom of Denmark, via legislation and to controlling the
In 1953, one of these Governments "Legislative authority shall be vested Government’s activities. If the execu-
passed an amendment to the Consti- in the King and the Folketing conjoint- tive power acts contrary to the majo-
tutional Act which finally settled the ly. Executive authority shall be vested rity of the Folketing, the latter can
everlasting conflict with the reac- in the King. Judicial authority shall be overthrow the Government by moving
tionary forces of the past by abolish- vested in the courts of justice". As one a vote of no confidence. On the other
ing the Landsting and strengthening will realize the idea behind the triparti- hand, the Government can, at any
the Folketing. tion of the powers is to balance them time, dissolve the Folketing and issue
against one another. Section 15 in the writs for an election.
From the end of the 1960s up to 1982, Constitutional Act, which deals with
Denmark had alternating Social the parliamentary principle, lays down
Democratic and Liberal minority that "A Minister shall not remain in
Governments and from 1982 to 1993 office after the Folketing has passed a
conservatively dominated minority vote of no confidence in him".
Governments. In January 1993, the
Social Democratic Party and the three An important feature of the Danish
small liberal parties, the Centre system is that a Government need not
Democrats, the Social Liberal Party be supported by a majority – as long
and the Christian People's Party as it is not outvoted by a majority
formed a coalition Government sup- (negative Cabinet responsibility).
ported by the smallest possible majo-
rity (90 seats out of 179). Subsequent Another important feature of the
to the 1994 general election, the Danish parliamentary system is that
Christian People’s Party was no longer the Constitutional Act lays down that
represented in Parliament, and from "The Members of the Folketing shall be
1996 the Centre Democrats were no elected for a period of four years". Still
longer part of the Government. From "The King may at any time issue writs
1996 the Government was composed for a new election".
of the Social Democratic Party and the
Social Liberal Party only. Subsequent The relationship between the
to the General Election which was held Government and the Folketing can
in November 2001, the Liberal Party briefly be described as follows. In prin-
and the Conservative Party formed a ciple, the Government and the
coalition government headed by a Folketing exert the legislative power
Liberal Prime Minister. At the 2005 conjointly, but in reality it is unthink-
General Election, the two political par- able for a Government not to (recom-
ties were returned to power. mend to the Monarch to) grant assent
to a Bill passed by a majority in the
Tripartition of power Folketing. The Government exerts the
As in most Western democracies, the executive power through its Ministers,
Danish political and legal system is but a Government cannot remain in
founded on a tripartition of power i.e. office if the majority of the Folketing

10
The present - third - Christiansborg
was built in the years between 1906
and 1918 making use of the same
foundation walls which had been
Parliament building used for the two former buildings.

The Danish Parliament (the Folketing) In 1736, the King began the erection ings. In 1918 the Folketing and the
is domiciled at Christiansborg Palace of a grand four-winged baroque Landsting moved to the new building.
in central Copenhagen. This position Palace. This Palace was only in use for The style is that of the new Baroque
on the small island of Slotsholmen – about 50 years because in 1794 a and the heaviness and solidity of the
surrounded by narrow canals – has great fire devastated most of it. construction is meant to underline the
been the centre of the Kingdom of importance of the Palace as the politi-
Denmark for more than 800 years. In the years between 1806 and 1828, a cal centre of the Realm.
new Christiansborg Palace was erect-
During the Middle Ages, Bishop ed. It was built in the classical style Today the main parts of the Palace
Absalon erected a castle here which and it was this Palace which became premises are used by the Folketing.
was meant to serve as a protection the centre of events when the country Apart from the Folketing,
against pirates from Northern went from absolutism to democracy Christiansborg Palace also houses the
Germany. This castle had existed for between 1848 and 1849. Also this Supreme Court, the Prime Minister's
about 200 years when it was torn Palace had a short life of about 50 Office and the Royal Reception
down in 1370. The remains of the castle years. It burnt down in 1884 and more Rooms. This means that in addition to
can still be seen in the vaults below than twenty years elapsed before it the legislative power, the Palace houses
the present Palace. In the following was possible to begin its reconstruc- part of the judicial and executive
centuries, the Danish Kings built and tion. The present – third – Christians- powers. The Folketing also has at its
lived at Slotsholmen. Copenhagen had borg was built in the years between disposal an impressive warehouse
by then become the capital of the 1906 and 1918 making use of the dating back to 1603. At the beginning
Realm. same foundation walls which had of the 1990s, it was restored and con-
been used for the two former build- verted into offices.

11
Danish form of government

Since 1901 it has been an


unfailing constitutional
principle that a Government
must step down or call a
general election if it is con-
fronted with a vote of no
confidence or finds itself in
a minority in the Folketing.

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Since 1901 it has been an unfailing Cabinet unless writs are to be issued successive Cabinets have also mostly
constitutional principle that a Govern- for a general election. If a vote of cen- been minority Governments even
ment must step down or call a general sure has been passed on a Cabinet or it though several attempts have been
election if it is confronted with a vote has asked for its dismissal, it shall con- made to create the broad majority
of no confidence or finds itself in a tinue in office until a new Cabinet has Government which has always been
minority in the Folketing. been appointed. Ministers who held up as an ideal for Danish politics,
remain in office as aforesaid shall per- but which has increasingly acquired all
Cabinet responsibility form only what may be necessary to the characteristics of a mirage.
In the course of the twentieth century, ensure the uninterrupted conduct of Foreign observers often have difficulty
this principle has developed into a official business". in understanding how Danish politics
grand and elaborate set of constitu- can function in this way. Above all, it is
tional norms and political practices. It Thus the principle of cabinet responsi- probably the Cabinet's minority basis
should, however, be noted that during bility is laid down concisely in the that strikes an unfamiliar note.
the 1980s the Conservative–Liberal Constitution and at the same time the However, the mystery is partly solved
minority Governments in several cases provisions of the Constitutional Act the moment one realizes that a minority
accepted the fact that they were in a are the only written rules that regulate Government may usually rely on the
minority even in matters of consi- the forming of a Government in support of one or several other parties
derable political importance without Denmark. Below follows a somewhat in parliamentary votes if the
resigning or calling a general election. more detailed description of the Government’s survival is at stake. If
process of the forming and resigna- one adds the support of the so-called
When the Constitution was revised in tion of a Government. supporting parties to that of the
1953, the principle of cabinet respon- Government party or parties, it is
sibility was directly confirmed and Minority Governments understandable that the Government
incorporated in Section 15 of the We must go all the way back to the will be able to get a narrow majority
Constitutional Act of Denmark, which beginning of the twentieth century to on which to rely for its survival.
states that, "A Minister shall not find a Cabinet composed of one party
remain in office after the Folketing has backed by a majority in the Folketing. A supporting party is a party that is
approved a vote of no confidence in Since before the First World War, prepared to adopt a position of con-
him. If the Folketing passes a vote of Danish Cabinets - being minority siderable flexibility to keep the
no confidence in the Prime Minister, Governments - have been composed Government in office. The coopera-
he shall ask for the dismissal of the of various parties. After 1945, the tion between the supporting party

13
and the Government may sometimes and development of a Cabinet crisis
resemble the cooperation within a are conditioned by two factors, the
coalition Government. At other times first being how the Opposition in the
the relationship will be less close and Folketing acts and the other how the
situations may well arise in which the Government itself chooses to act. As
Government feels uncertain as to how in a marriage, it takes two to decide
far it can depend on the supporting whether the situation is to take a dra-
party. At times a minority Govern- matic turn and just how dramatic the
ment will need to function without an consequences will be.
actual agreement of firm support. It
must then carry out its work hoping The most clear-cut case is the one in
that some of the parties are ready to which the Government is faced by a
negotiate on separate issues and/or direct censure and in which it
remain neutral. responds by dissolving the Folketing.
In another case, the Government
Whether or not Denmark is ruled by a chooses to resign without having
coalition Government supported by a been defeated in the Folketing. In a
majority or by a minority Government third case the Government chooses to
with or without firm support from resign upon being defeated in the
other parties, the Government's Folketing. In a fourth and more usual
strength must be safeguarded on the case the Government triggers off a
basis of negotiations during which the Cabinet crisis by dissolving the
parties approach each other, yield to Folketing without having suffered a
each other and make big or small con- defeat. The Prime Minister may for
cessions. instance wish to precipitate an elec-
tion in order to profit from some sup-
A Cabinet's resignation posedly favourable changes in voters'
A Government may be brought down attitudes.
in many different ways. The nature We must go all the way
back to the beginning of
the twentieth century to
find a Cabinet composed
of one party backed by a
majority in the Folketing.

14
Electoral system

The Constitutional Act lays down that


"Any Danish subject who is perma-
The Danish electoral nently domiciled in the Realm" and
system is extremely who has reached the age of eighteen
complex but briefly "shall have the right to vote at
it builds on the prin- Folketing elections". "Any person who
ciple of election by is entitled to vote at Folketing elec-
proportional repre- tions shall be eligible for membership
sentation. of the Folketing, unless he has been
convicted of an act which in the eyes
of the public makes him unworthy to
be a Member of the Folketing".

Proportional representation
The Danish electoral system is
extremely complex but briefly it builds
on the principle of election by propor-
tional representation. The system is
constructed in a way which allows for
the regional affiliation of the candi-
dates (135 seats in the Folketing
obtained by election in 17 multi-
member constituencies) and also for
the mathematical accuracy of a pro-
portional division of seats in relation
to votes for the parties (40 supple-
mentary seats). Thus the Folketing is
composed of 175 Members elected in
Denmark proper as well as two
Members elected in the Faroe Islands
and two in Greenland.

The Faroe Islands and Greenland are


part of the Kingdom of Denmark but
they both have comprehensive home
rule arrangements and they have their
own Parliaments. The Danish electoral
system comprises a threshold rule
which i.a. means that parties which
obtain less than 2 per cent of the valid
votes cast do not have a share in the
supplementary seats.

15
In accordance with the provisions of held responsible for his statements in ties, financial assistance, presents
the Constitutional Act, writs for an the Chamber e.g. by the courts of received, paid for trips abroad, real
election shall be issued every four justice. In practice, such a consent is property issues, company interests
years. never given. Nevertheless, the Speaker and agreements with former or future
of the Folketing can, in accordance employers. The information registered
Status of Members of with the Standing Orders of the will be accessible to the public according
Parliament Folketing, call a Member to order, to special rules.
In order to ensure an independent car- forbid a Member to speak or exclude a
rying out of the tasks of the Members Member from committee meetings or Budget of the Folketing
of the Folketing, provisions to this debates in the Chamber for up to 14 The accounts of the Folketing are for-
effect are to be found in the days. However, the last mentioned warded to the Prime Minister in order
Constitutional Act and in the Folketing sanction is applied very rarely". for his Office to include them in the
Election Act respectively. In accor- overall Finance Bill. For the year 2005,
dance with the Constitutional Act "No Members' other activities the collective budget amounts to
Member of the Folketing shall be and financial interests DKK 581.000.000 (€ 78.000.000). The
prosecuted or imprisoned in any man- Subsequent to the general election in accounts of the Folketing are revised
ner whatsoever without the consent 1994, a new set of rules was intro- by a Firm of Chartered Accountants.
of the Folketing, unless he is taken in duced according to which the
flagrante delicto". This rule on immu- Standing Orders Committee invites Speaker and Presidium
nity may, however, be disregarded if Members of the Folketing to register a The Speaker of the Folketing has the
the Folketing gives its consent. Since number of activities and financial supreme responsibility for the
the beginning of the present century, interests. The aim of the rules is to Folketing services. In this capacity, he
this has happened in all cases in which make Members' financial interests is assisted by the four Deputy
the Minister for Justice as supreme outside Parliament more easily acces- Speakers. Together the Presiding
head of the Prosecution has requested sible to the public. According to the Officers make up the Presidium of the
it. rules, the registration is voluntary and Folketing, which is also the official
it is up to the individual Member to body representing the Folketing
"The Members of the Folketing shall be decide whether he wishes to be regis- extra-murally.
bound solely by their own consciences tered. If a Member wishes to have his
and not by any directions given by activities and financial interests regis-
their electors". In practice, Members tered, the set of rules must be accept-
do, however, vote in accordance with ed in its entirety. The information
their respective parties. Moreover, a which is registered is information –
Member of the Folketing cannot with- but not amounts – on board member-
out the consent of the Folketing be ship, salaried jobs, independent activi-

16
In order to ensure an independent carry-
ing out of the tasks of the Members of
the Folketing, provisions to this effect are
to be found in the Constitutional Act and
in the Folketing Election Act respectively.

17
In the period up to mid-
January, the Government
and the Opposition parties
submit their Bills. The time
limit for submitting Bills is
agreed between the
Speaker of the Folketing,
party leaders and the Prime
Minister.

18
Sessional year and work in
the Chamber
The sessional year begins on the first which the Government submits its on the Bills but only make a recom-
Tuesday of October and runs to the policy and its legislative programme mendation to the Folketing.
first Tuesday of October of the follow- for the coming sessional year. The
ing year. In the course of a year, the Prime Minister's account forms the At the second reading, the amend-
Folketing convenes approximately background of the ensuing debate in ments moved are debated and a vote
100 times. There are, however, always the Chamber (the opening debate). is taken on them as well as on the indi-
non-session weeks in October, vidual Sections of the Bill. As a main
February and March, as well as 3 non- Reading of Bills rule, the Bill is then passed directly on
session weeks around Christmas and In the period up to mid-January, the to the third reading. About 20 per cent
the New Year, 1-2 non-session weeks Government and the Opposition par- of the Bills are again referred to a com-
around Easter to which can be added ties submit their Bills. The time limit mittee for a new reading. This reading
the summer recess which normally for submitting Bills is agreed between is inserted between the second and
starts at the beginning of June and the Speaker of the Folketing, party third readings.
lasts until the opening of the sessional leaders and the Prime Minister.
year. The Folketing can, however, be However, deviations from the time At the third reading, eventual amend-
called upon to take part in extraordi- limits do occur. ments are debated and put to the
nary sessions in June and August. In vote. Then the Bill is debated and a
recent years, sessions in the Chamber In accordance with the Constitutional vote is taken before it is finally passed.
have amounted to approximately 600 Act, a Bill shall be submitted to three This step marks the completion of the
hours a year. readings in the Folketing before it is reading in the Folketing. Subsequently,
passed and becomes legally binding the Bill is – via the Prime Minister’s
The planning of the work of the upon the citizens. The reading shall be Office – forwarded to Her Majesty The
Folketing is done partly by preparing finished before the end of the session- Queen for the Royal Assent and is also
an annual calendar, partly by elaborat- al year at the beginning of October. If signed by the appropriate Minister
ing plans for each week which this is not the case, the Bill shall be before it is published and becomes
describe the matters which are to be void. law.
dealt with in the week in question and
in what order. The planning of the At the first reading, the parties take a In recent years, the number of
meetings in the Folketing is under- principal stand on the Bill in question Government Bills has amounted to
taken in close cooperation with the and normally one knows after the first between 200 and 300 while the num-
Government. reading whether the Bill will be passed ber of Bills submitted by the
or not. At the first reading, no amend- Opposition parties has amounted to
In recent years, a more efficient plan- ments can be moved. After the first about 20 a year on an average. In the
ning of the work in the Chamber has reading, the Bill will as a main rule be sessional year 2003-2004, 222 of the
been attempted with a view to making referred to one of the standing com- 226 Government Bills were passed. 3
the interplay between the committee mittees whose Members will then of the 15 Opposition Bills were passed.
work and the work in the Chamber as continue the reading. The committees
expedient as possible. finish their reading by submitting a Parliamentary resolution
report to the Folketing in which the Proposals for parliamentary resolution
On the first sitting day of October, the parties' stand on the Bill is entered are also read in the Folketing. A pro-
Prime Minister renders "an account of together with eventual amendments posal for parliamentary resolution is
the general state of the Realm and of which may be moved by the Minister typically an invitation or an order to
the measures proposed by the as well as by the parties represented the Government to take action within
Government" in accordance with the on the committee in question. Thus a specific area. It is first and foremost
Constitutional Act. This is the day on the committees do not take a decision the Opposition which moves such pro-

19
posals. Proposals for parliamentary Control of Government and The device of putting questions to
resolution moved by the Government administration Ministers is used a great deal in the
typically deal with ratification of inter- In addition to the reading of Bills and Folketing. In the sessional year 2003-
national treaties. Contrary to Bills, proposals for parliamentary resolu- 2004, 5.635 ordinary questions were
proposals for parliamentary resolu- tion, a number of other activities take introduced.
tion are only read twice in the place in the Chamber. All of these
Chamber, including an intermediary belong under the category of "parlia- Interpellations
committee reading. The reason for mentary control of Government and One or several Members can make a
this is that proposals for parliamen- administration". public matter the subject of a debate
tary resolution are addressed to the in the Folketing by means of an inter-
Government and as such are not Questions to Ministers pellation addressed to one or several
directly legally binding upon the citi- In accordance with the Standing Ministers. An interpellation debate
zens. On an annual basis, 100 to 200 Orders of the Folketing, Members of often ends in a vote being taken on
proposals for parliamentary resolu- the Folketing may put questions to one or several proposals.
tion are moved. In the sessional year Cabinet Ministers. Questions shall be
2003-2004, all proposals for parlia- made in writing and be accompa- Accounts
mentary resolution which were nied by a brief justification. The ques- A Minister can give the Folketing an
moved by the Government were tioner may ask for an oral reply during account of a public matter and if the
passed (10 in all). Only 5 of the private Question Time If the Member asks for Minister does so, the account is pub-
Members' proposals for parliamentary a written reply, the Minister should lished in the Official Report entitled
resolution were passed. answer the question within a short Folketingstidende. The account is
span of time. most often made in writing and gen-

20
erally speaking it will become the sub- court of impeachment). In 1993, the Official Report and record-
ject of an interpellation debate at a Folketing – for the first time since ings from the Chamber
later date. However, Ministers may 1910 – brought a charge against a for- The work in the Chamber is recorded
also simply forward an account to MPs mer Minister for Justice at the High in various forms. An official record of
or to a given committee. Court of the Realm for having adminis- the debates in the Chamber has since
tered in contravention of the Aliens 1849 been printed in the Official
Other types of Act. Report (Folketingstidende). Speeches
parliamentary decisions are nowadays digitally recorded, tran-
A special proposal for adoption can be Government Bills and the scribed and revised by a staff of tran-
moved when debating a proposal, Constitutional Act scribers, editors and proofreaders in
during the Opening Debate or during Formally, the Speaker of the Folketing the Office of the Official Report. A
an interpellation. If a proposal imply- shall control that the Bills moved are couple of hours after the speeches
ing a vote of no confidence in the not in contravention of the Consti- have been made, an online non-
Government is adopted, the Govern- tutional Act but this is only verified if revised edition can be read on the
ment or the Minister in question shall an objection is raised to a Bill. If the intranet of the Folketing. The same
resign. It is, however, very rare for Speaker finds that a disparity exists evening, the text is published on the
such proposals for adoption to be between a Bill which has been moved Folketing’s internet homepage in a
moved. and the Constitutional Act, the revised edition, and within a week a
Speaker shall request the Folketing to printed version of the proceedings is
Other parliamentary means reject the Bill. issued. In the year 2003-2004, the
of control proceedings of the Folketing amount-
In addition to the parliamentary con- In Denmark, there is no special consti- ed to about 13.000 printed pages.
trol which is exerted in the Chamber, tutional court of justice. It is for the
the Ombudsman of the Folketing ordinary courts of justice to decide It is possible for the general public to
exerts control on the part of the whether an Act is in accordance with follow the Folketing debates on TV.
Folketing and eventually criticizes the Constitutional Act. This com- The transmissions from the Chamber
authorities belonging under the pub- petence is not laid down in the can also be accessed via the Folketing’s
lic administration. The Ombudsman Constitutional Act. It is a legal prac- homepage.
can take on a matter on his own initia- tice, which goes back to the beginning
tive or in the light of complaints on the of the past century.
part of the citizens.
In 1999 the Supreme Court failed to
If it is suspected that a serious mistake approve certain provisions of an Act,
has been made or that the Central which the Folketing had adopted
Administration has been negligent of three years previously. The passing of
its duties, the Folketing can e.g. this judgement marked a historical
demand that the Government set up a event in the sense that it was the first
Committee of Enquiry or a Select time the Supreme Court had acknow-
Committee to investigate the matter. ledged that the Folketing had
If a Minister is to be prosecuted for infringed the competences to which
having acted as he did in his capacity the legislative power is entitled in
as Minister, the matter is brought accordance with the Constitutional
before the High Court of the Realm (a Act.

21
Committee readings

Standing Committees of the Folketing


The Standings Orders Committee The Cultural Affairs Committee
The Scrutineeers Committee The Environment and Regional Planning Committee
The Labour Market Committee The Economic and Political Affairs Committee
The Housing Committee The Legal Affairs Committee
The Energy Policy Committee The Fiscal Affairs Committee
The Trade and Industry Committee The Social Services Committee
The European Affairs Committee The Health Committee
The Finance Committee The Transport Committee
The Research Committee The Education Committee
The Defence Committee The Foreign Affairs Committee
The Naturalization Committee The Food, Agriculture and Fisheries Committee
The Ecclesiastical Affairs Committee The Immigration and Integration Affairs Committee
The Municipal Affairs Committee

22
There are 25 standing committees in called in by the committee in order to tion of the Folketing who is particularly
the Folketing. Moreover, the Folketing give an oral briefing and to discuss a knowledgeable within one of the
may appoint ad hoc committees to specific question which has previously areas with which the said committee
deal with special cases. Likewise the been put in writing (consultation). is dealing.
Folketing appoints delegations to par- Furthermore, citizens, institutions,
ticipate in the work of various inter- enterprises and others apply to the Reports
parliamentary fora. committee either in writing or by asking The committees' dealing with Bills and
for an interview with the committee. proposals for parliamentary resolu-
Each committee is composed of 17 tion concludes in the submission of a
Members and a number of substi- The committee can also deal with report. A committee report is a docu-
tutes. The substitutes can participate matters, within its own sphere of com- ment in which the political parties
in the meetings of the committee in petence, regarding which no Bills have make an account of their stand on a
question in the same way as ordinary been moved in the Folketing. This is Bill or on a proposal for parliamentary
Members. However, they cannot take typically done by putting questions to resolution and eventually state their
part in the voting and they are not the Minister. reasons for deciding to vote for or
entitled to make a statement in the against the Bill in the Chamber or
committee reports. Committee readings are usually eventually to abstain from voting.
undertaken behind closed doors and
Committee work the debates are confidential. However, Moreover, the report may contain
Apart from the more internationally MPs may quote what they themselves amendments moved by the Govern-
oriented committees and delegations have said in the committee in ques- ment or by the political parties repre-
the main task of the committees is to tion. Subsequent to an amendment of sented on the committee. The report
deal with the Bills and proposals for the Standing Orders in 2000, many may also comprise interpretation con-
parliamentary resolution which the committees have begun to hold open tributions e.g. information as to the
Folketing refers to the committee con- consultations to which the general way in which the Minister has
cerned. It is typical for a Bill to be public and the press have access. informed the committee that he
referred to a committee after the first intends to administer a given provi-
reading. In practice, the committee As part of the reading of Bills which sion. In addition, the report may also
reading consists in the committee have been referred to a committee or contain reprints of the Minister' s reply
putting clarifying questions to the in order to throw light on a special to selected questions, notes etc. Thus
appropriate Minister. Thus it is the matter of public interest, committees the committee report is a document
Minister (Ministry), who serves as the may also institute a hearing during which sends a Bill back from the com-
main source of information to the which persons whom the committee mittee for reading in the Chamber and
committees during the committee asks to do so can make an account of a which forms the basis of the con-
work. given subject or express points of tinued reading.
view. Such hearings may be public.
It is not normal practice for a commit- If the Folketing wishes to have a new
tee Member to go into detail about In recent years, initiatives have been committee reading between the second
the individual provisions of a Bill, and taken to improve the quality of legis- and third readings of a Bill, the Bill is
the system of rapporteur does not lation further and to make EU law part once more entered on the agenda of
apply to the Folketing committees of the committee work on an even the committee, and subsequently the
either. The Minister's reply to the writ- larger scale. This has been done on the committee elaborates a new report
ten questions of the committees is, initiative of a committee, a committee (supplementary report), which forms
with a few exceptions, accessible to Member, the clerk to a committee or a the basis of the third reading of the Bill.
the public. The Minister may also be person belonging to the Administra-

23
The Administration employs a number ed if the spokesmen for the parties cooperation in two ways: 1) indirectly
of academic staff as clerks. Normally, 1 which together reach 90 seats or more via the work done in the international-
staff services 2 or 3 committees. The (i.e. more than half the 179 Members ly oriented committees and commis-
European Affairs Committee and the of the Folketing), have been against sions, and 2) by appointing a number
Finance Committee do, however, have the mandate. of delegations to various Inter-
their own secretariats. parliamentary assemblies.
Since 1989, an EU Counsellor has been
European Affairs Committee permanently attached to the The international committees and
and Finance Committee European Affairs Committee. The task commissions are: The Foreign Policy
Two of the standing committees are of the Counsellor is to provide impar- Committee, the Foreign Affairs Com-
particularly influential: the European tial advice and analyses to the mittee and the Defence Committee.
Affairs Committee and the Finance Members. The work in these committees is
Committee. focused on the various aspects of
The EU Information Centre was estab- Danish foreign policy and security
European Affairs Committee lished in 1994 in order to facilitate the policy rather than on actual legislative
The European Affairs Committee was general public’s access to information work.
set up in 1972 in connection with about the EU. The priorities of the EU
Denmark’s accession to the European Information Centre are thus clearly Foreign Policy Committee
Communities in 1973. The main task focused on the ordinary Danish citizen In accordance with the Constitutional
of the European Affairs Committee is with no special background know- Act, the formulation and the imple-
to coordinate the reading of EU mat- ledge about the EU system but with a mentation of Danish foreign policy
ters in the Folketing. The Government keen interest in obtaining information and security policy is primarily the
shall consult the Committee on ques- on what is going on in the EU. task of the Government. Therefore,
tions of major importance so that the the committee’s work on these issues
impact of the Folketing as well as the Finance Committee is formally limited to a counselling
Government’s freedom to negotiate The main task of the Finance function. This function is most clearly
are taken into consideration. Committee is to read Finance Bills and formalised in relation to the Foreign
Supplementary Appropriation Bills Policy Committee, "which the
No formal votes are taken in the and to consider legal documents deal- Government shall consult before mak-
Committee, but as a rule the ing with the supplementary appro- ing any decision of major importance
Chairman of the Committee may con- priations from the individual Ministers to Denmark’s foreign policy" as stated
clude after the discussions that there in the course of the year. Moreover, in the Constitutional Act.
is no majority against the Govern- the Finance Committee discusses the
ment’s mandate for negotiation general outlines of finance policy. Act. no. 54 of 5 March 1954 on the
(changes in the various positions may Contrary to what is the practice in Foreign Policy Committee defines the
have occurred during the discussions). many other countries, the Finance provisions relating to the work of the
Since 1973, the practice has been for Committee does not deal with fiscal Committee. It is laid down that the
the Chairman of the Committeee policy. The latter is the task of the duty of the Government to consult the
when counting the "votes" to make the Fiscal Affairs Committee. Committee requires that the
counting on the basis of the number Committee shall discuss issues with
of seats which the party in question International relations and significant bearing on Danish foreign
has in Parliament. This means that the cooperation policy with the Government, and that
mandate for negotiation is only reject- The Folketing is part of international the Committee shall be informed by

24
Apart from the more
internationally oriented
committees and delega-
tions the main task of the
committees is to deal with
the Bills and proposals
for parliamentary resolu-
tion which the Folketing
refers to the committee
concerned.

25
the Government of matters relating to Parliamentary Assembly (OSCE PA),
foreign policy. The members of the the NATO Parliamentary Assembly
Committee therefore receive relevant (NATO PA) and the Parliamentary
memoranda from the Ministry of Assembly of the Council of Europe
Foreign Affairs, and reports from (CoE PA).
Danish embassies.

As an overall rule, the Prime Minister,


the Minister for Foreign Affairs and the
Minister of Defence represent the
Government at meetings.

Consultations between the Govern-


ment and the Foreign Policy Com-
mittee are not open to the public, and
the members of the Committee are
therefore bound to observe secrecy
with regard to information received at
or in connection with meetings of the
Committee.

Parliamentary delegations to
international organizations
In the efforts made to strengthen
parliamentary influence on the work
undertaken in the international organ-
izations such as the Council of Europe,
NATO and the OSCE, parliamentary
assemblies have been attached to
these organizations so that they may
follow the work of the Government
organizations in question.

The main objective of the work of the


delegations varies from one organiza-
tion to another but a dominant aspect
is that topical issues are discussed and
the activities are being followed up
and recommendations to Govern-
ment organizations adopted.
The Folketing sends delegations to the
following parliamentary assemblies:
The Interparliamentary Union (IPU) –
which is not attached to a Govern-
ment organization – the OSCE

26
The Folketing Services

The Folketing services pro-


vide assistance and coun- The Folketing services provide assis- Secretary General
selling to the MPs, and in so tance and counselling to the MPs, and The Secretary General is responsible
doing contribute to the in so doing contribute to improving for ensuring that the Administration
Folketing’s efforts to the quality of legislation, the access functions according to the guidelines
improve the quality of legis- of the Folketing to control the laid down by the Presidium. In the par-
lation, the access of the Government and the political debates. liamentary area, the Secretary
Folketing to control the Moreover, the task of the services is to General is responsible for matters of
Government and the politi- provide objective and impartial infor- principle and for matters relating to
cal debates. mation on the work in the Folketing to new administrative initiatives.
the general public. The Administration
employs 440 staff. The Folketing Ser- Clerk
vices are headed by a Board of The Clerk – who is also Deputy
Directors consisting of the Secretary Secretary General – is responsible for
General, the Clerk and 2 deputy the work in the Chamber. He is assisted
Secretaries General. in this task by staff in the Law

27
Secretariat and working tasks include counselling the political and adminis- Bills and proposals for parliamentary
counselling on constitutional and trative managements on constitution- resolution. Moreover, the secretariats
parliamentary matters on the part of al matters and other parliamentary provide assistance to the various kinds
the Speaker, the Presidium and the legal matters as well as on questions of international cooperation in which
Members of the Standing Orders pertaining to public law. the Folketing takes part, and they assist
Committee. In these areas, the Clerk the committees in dealing with foreign
refers directly to the Speaker and to The Secretariat is also responsible for policy and security policy and also assist
the Presidium and is responsible to ensuring that questions which are the delegations sent to international
the Secretary General. read in the Chamber are correct from parliamentary assemblies.
a legally, technical point of view.
Speaker’s Secretariat Moreover, the Secretariat is responsi- EU Secretariat
and General Management ble for administering the rules on MPs’ The servicing of the European Affairs
Department leave of absence and calling on their Committee is centered in the EU
The Speaker’s Secretariat and General substitutes. And finally, the Secretariat Secretariat which also comprises the
Management Department service the in cooperation with the other secre- Office of the EU Counsellor and the EU
political and administrative manage- tariats elaborate written explanatory Information Centre. The EU Counsellor
ments. The General Management notes to the committees. makes analyses of EU matters for the
Department deals with various tasks use of the European Affairs Com-
across the organization as well as with Committee Secretariats mittee and the standing committees
tasks relating to developments, plan- Three of these secretariats service the while the EU Information Centre is at
ning, coordination and information to standing committees of the Folketing the disposal of the general public and
the overall organization. The General and the inter-parliamentary delega- the MPs with information and docu-
Management Department also acts as tions. The secretariats employ a num- mentation on EU questions.
secretariat to the Board of Directors of ber of committee clerks and clerical
the Folketing Services. staff. One or more committee clerks Secretariat of the Danish
assist the committees in the work of Delegation to the Nordic Council
Law Secretariat the reading of Bills and proposals for The Secretariat services the Danish
The main task of the Law Secretariat is parliamentary resolution, arranging Members of the Nordic Council and to
to assist the Clerk in planning the work hearings, planning committee trips some extent the Faroese and Green
in the Chamber. Moreover, the staff of etc. The committee clerks also assist landic Members. In cooperation with
the Secretariat assists the Clerk in the MPs in drafting private Members’ the Council’s secretariats in the other

28
Nordic countries, it also services the tions of employment, staff develop- Press Gallery also belong under the
collective Nordic Council, carries out ment, recruiting, development of indi- User Centre. The Post Office, the
practical tasks in connection with the vidual competences and post training. Telephone Exchange and the Travel
arrangements of the Council and The central records are to be found in Agency are also placed here.
informs the general public about the this Office.
Council. Linguistic Service and Language
User Services School
Office of the Official Report The main task of this unit is to service These services also belong under the
The Office of the Official Report (entit- MPs, take care of security matters and User Services. The Linguistic Service is
led Folketingstidende) takes minutes to undertake the cleaning of the responsible for official translations, for
of the proceedings in the Chamber Folketing building. The core of the answering questions of a linguistic
and is responsible for the linguistic User Services is the User Centre com- nature on the part of the Ministries
proofreading of the Folketing publica- prising the Security Unit, the and other external clients, MPs and
tions. They also publish Yearbook and Maintenance Unit, the Service Unit, staff. It is also responsible for providing
Records and other documentation. the Cleaning Unit and also the Visitors’ interpretation at hearings, interna-
Service which arranges guided tours tional meetings, EU Presidencies etc.
Salaries and Financial Affairs of the Folketing.
Office The Language School provides teach-
The Salaries and Financial Affairs Office The User Centre administers a system ing in English and/or French to MPs.
takes care of tasks related to the of various kinds of free admission tick-
administration of and developments in ets, parking permits etc. to MPs. IT and Telecommunications Unit
the Folketing budget and accounts, Moreover, the User Centre, upon The IT and Telecommunications Unit
financial support to the parliamentary request, provides documents related is responsible for the primary running
groups, remuneration to the MPs, to the parliamentary work. of the IT, for providing IT user support
salaries to the Folketing staff and pen- Furthermore, various kinds of teach- and for the current development proj-
sions to former MPs and civil servants. ing, insurance matters and booking of ects related to the technical infra-
meeting rooms are administered by structure, including telephony.
Personnel Office this Unit. Rules on the access of the
The Office deals with tasks related to Press, rules on photographing and TV Communication
personnel policy and administration, broadcasting in the Folketing as well The Information and Communication
including collective talks on condi- as membership of the Office of the Unit is responsible for providing infor-

29
mation to the general public on the More than 10.000 pupils try out
work carried out in printed and in elec- Politician for a Day every year. A visit
tronic form. It is also responsible for to the centre is free of charge and can
drawing up and implementing the be combined with a brief conducted
information policy of the Folketing. tour of the Folketing.
The latter policy is aimed at providing
neutral information about the legisla- Folketing Library, Archives and
tive process and democratic issues to Information
the political parties, the Press and the The Folketing Library, Archives and
general public. Information provides information and
documentation to MPs, staff, the
Politician for a Day Press and the public. The Library holds
In 2003 the Folketing opened an inter- a very large collection of books and
active visitors’ centre, Politician for a documents and cooperates with other
Day, for the 8th and 9th forms of pri- libraries in Denmark and abroad on
mary schools. This computer-con- quite a large scale. The Archives file
trolled role play is the first of its kind in documents of an administrative
the world and lasts for slightly less nature as well as documents on the
than three hours. During the game legislative process including commit-
pupils learn about the political process tee documents.
and personally experience the every-
day work of a Member of the Planning
Folketing. Tasks relating to planning are organ-
ized in a separate section. They
Politician for a Day is laid out in a 300 include the premises of the Folketing,
square metre room beneath among these planning and control of
Christiansborg as a miniature version conversions, refurbishments and dec-
of the Folketing, with a Chamber, a oration as well as the running and
lobby, members’ offices, group and maintenance of all technical plants
committee rooms. and installations.

The purpose of Politician for a Day is to


enhance young people’s knowledge
of the political decision-making
process and inspire them to play an
active role in Danish democracy.
Young people must feel that they can
make a difference.

30

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