THE PARLIAMENTARY SYSTEM OF DENMARK INTRODUCTION TO DANISH DEMOCRACY CONTENTS Preface ..............................................................3 General elections ................................................5 System of government ........................................6 Work in the Chamber ..........................................9 The Committees: parliamentary workshops ........ 12 Political parties ............................................... 14 THE PARLIAMENTARY SYSTEM OF DENMARK 3 PREFACE Denmark received its first free constitution in 1849. Open democracy also implies freedom of the press The present constitution is from 1953 and lays and its right to keep a watchful eye on politicians by down the basic values on which the Danish society reporting on as well as controlling the political is built and to which all laws are subject. The system. Therefore, the press has free access to the constitution specifies that Denmark has a Danish Parliament, its politicians and relevant Parliament whose Members are elected on the documents. principle of free and equal suffrage, and a Government that must be accepted by a parlia- As I am proud of the democratic tradition we have mentary majority at all times. in Denmark, I wish to use this publication to spread the word about our democracy and explain how the The constitution specifies the division of powers in Danish Parliament works. society by stipulating the separation of the legislative, executive and judicial branches of Enjoy your reading! power. This safeguards a better balance of power and prevents any one person or body from becoming too powerful. Mogens Lykketoft Speaker of the Danish Parliament The constitution also stipulates that all Danish citizens enjoy a range of basic rights, such as freedom of speech, freedom of assembly and freedom of political activity. These rights are essential in a healthy, open democracy. Distribution of seats in the Danish Parliament at September 2014 The Chamber The Conservative Liberal Alliance The Red-Green Alliance Greenland Party The Social Liberal The Social Democratic The Liberal The Faroe Islands Party Party Party The Danish People’s The Socialist People’s The Government Outside the Groups Party Party 1) In Greenland, one Member has been elected from Inuit Ataqatigiit and one Member from Siumut. In the Faroe Islands, one Member has been elected from Sambands- flokkurin and one Member from Javnaðarflokkurin THE PARLIAMENTARY SYSTEM OF DENMARK 5 GENERAL ELECTIONS Denmark’s electoral system account of factors like population size and density A central element of Denmark’s democracy is the in the distribution of seats. A political party must division of legislative, executive and judicial powers. win at least 2 % of the vote in a general election to These three powers are independent of one secure a seat in the Danish Parliament. another and at the same time control one another to prevent the abuse of power. Together with the Following a parliamentary election, the newly Government, the Danish Parliament exercises elected Parliament holds a vote to approve the legislative power and is the only branch of power election. This takes place at the second sitting of authorised to adopt legislation. Parliament, approximately two weeks after the election. Subsequently, a Speaker and four Deputy Denmark is a representative democracy, which Speakers are elected. They jointly constitute the means that Danish citizens elect representatives to Presidium of the Danish Parliament. The Speaker is sit in the Parliament and make daily political elected by a vote, whereas the four Deputy decisions on the organisation of society. Speakers are appointed by the four largest political parties, excluding, however, the Speaker’s party. The Danish Parliament comprises 179 Members. Of these, 175 are elected in Denmark, two Members Each new Member of Parliament (MP) must sign a are elected in Greenland and two are elected in the statement declaring that he or she will comply with Faroe Islands. the constitution. New MPs may not become members of committees or take part in parliamen- The Prime Minister must see to that parliamentary tary debates or votes before signing the statement. elections are held at least once every four years. However, elections may be held more often, as the Status of MPs Prime Minister is empowered to call general A Member of the Danish Parliament may not be put elections at any time. on trial in criminal proceedings or imprisoned without the Parliament’s consent, unless the MP is All Danish citizens of voting age residing in the caught in a criminal act. This provision aims to Danish realm have the right to vote in general ensure the Danish Parliament’s independence of elections, unless they have been declared legally criminal prosecution by the Government. However, incompetent. The voting age for elections to the with the Parliament’s permission, an MP may be put Danish Parliament is established by law and is set at on trial or imprisoned in a criminal case. Since the 18 years. Any person entitled to vote in a parlia- mid-1900s, there have been no instances of the mentary election is eligible for the Danish Parlia- Danish Parliament refusing to consent to criminal ment, unless he or she has been convicted of an prosecution of an MP. offence that, in the public opinion, makes him or her unworthy of being a Member of the Danish Furthermore, an MP may not be held liable for Parliament. statements made in the Parliament, e.g. in a libel suit, without the Parliament’s consent. Thus, MPs Members of the Danish Parliament are elected by have an extended form of freedom of speech when means of direct secret ballot. The constitution they speak in Parliament. In practice, the Danish stipulates that specific rules concerning the Parliament never consents to holding MPs liable for exercise of suffrage must be established by law. statements made in the parliamentary Chamber. Therefore, the Act on Danish Parliamentary Elections includes a number of provisions which safeguard equal representation of different opinions among the electorate, and which take 6 THE PARLIAMENTARY SYSTEM OF DENMARK SYSTEM OF GOVERNMENT Minority governments In principle, the Constitution gives the monarch of and formation of government Denmark the authority to appoint the Government. The Danish system of government is known as Thus, formally, when a new Government is formed, negative parliamentarism, which means that the two representatives of each political party meet Government may never have a majority against it in with the Queen and advise her on whom she should the Parliament, but it is not required to have the invite to lead negotiations on forming the new support of an actual majority. In fact, most Danish Government or who should be the new Prime governments have been minority governments. Minister. The new Government is formally appointed Minority governments often consist of several by the Queen following the conclusions of the political parties, with one or more parties suppor- negotiations between the political parties. ting the Government while not actually forming part of it. In this way, the Government will not have Other forms of control of the Government a majority against it in the Parliament. The Danish Parliament elects an Ombudsman to monitor the public administration, e.g. by proces- If the Parliament no longer has confidence in a sing complaints from citizens concerning public minister, the minister must resign. If the Parliament authorities. The Ombudsman may criticise loses confidence in the Prime Minister, the whole authorities and recommend that they reprocess a Government must resign, or the Prime Minister case and possibly change their decision, but the must call a general election. The Parliament Ombudsman is not authorised to make decisions. expresses its lack of confidence in a minister or the The Ombudsman may consider legal matters, but Prime Minister by passing a vote of no confidence. not issues which require other specialist know- ledge. THE DANISH SYSTEM OF GOVERNMENT IS According to the Constitution the Parliament may also set up parliamentary commissions consisting KNOWN AS NEGATIVE PARLIAMENTARISM, of MPs to investigate important issues. However, WHICH MEANS THAT THE GOVERNMENT MAY this option is rarely used. Instead, when a matter NEVER HAVE A MAJORITY AGAINST IT IN THE needs to be investigated, the Government and the PARLIAMENT, BUT IT IS NOT REQUIRED TO HAVE Parliament frequently set up a commission of THE SUPPORT OF AN ACTUAL MAJORITY inquiry headed by a judge. The Constitution includes no provisions on the formation of a Government. However, the no-confi- dence provision described above is interpreted to mean that a newly formed Government must not be expected to be met with a vote of no confiden- ce when it presents itself to the newly elected Prime Minister Parliament. Helle Thorning-Schmidt THE PARLIAMENTARY SYSTEM OF DENMARK 9 WORK IN THE CHAMBER The course of the year The political parties in Parliament enter into in the Danish Parliament so-called pairing agreements. Pairing agreements A parliamentary year always begins on the first between the parties aim to allow a number of MPs Tuesday in October and ends on the same Tuesday from each party group to be absent from voting in of the following year. On this date, the MPs meet at the Chamber without this affecting which parties 12 o’clock for the first sitting in the Parliament, and have a majority in Parliament. Usually, the group the Prime Minister gives a speech, known as the secretary of each parliamentary group coordinates opening speech, addressing the current situation in the distribution of pairings and makes sure that the Denmark and the Government’s plans for the group is able to present the agreed number of MPs coming year. At the opening of the Parliament, at votes in the Chamber. Queen Margrethe and the royal family are present, together with representatives of the courts. MANY DIFFERENT KINDS OF DEBATES TAKE Two days after the opening of Parliament, there is an opening debate where MPs and the Prime PLACE IN THE CHAMBER, INCLUDING DEBATES Minister debate the content of the Prime Minister’s ON BILLS AND PROPOSALS FOR PARLIAMENTARY opening speech.