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The of

3 4 Contents Foreword 7

History of the parliamentary system of Denmark 9

Parliament building 11

Danish form of 12

Electoral system 15

Sessional year and work in the Chamber 19

Committee readings 22

The Folketing Services 27

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

6 Foreword

Danish 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 to legislative assemblies.

After several decades of intellectual fights aimed at introducing a liberal , 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. ’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 of the Folketing

The Folketing, , November 2005

7 After 1814, the Danish was strongly influenced by developments in . 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 , came into power. But tion against royal absolutism which Belgian Constitutional Act of 1830 in the Party did not dominate 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 had almost was extremely liberal and contained and a more just , 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 , Britain and . 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 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 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 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 . The latter dominated

9 Danish up to some time in the a division between the legislative, the goes against it. The Folketing’s 1960s apart from short intervals with 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 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 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 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 passed by a majority in the Tripartition of power Folketing. The Government exerts the As in most Western , 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 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 – 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 , 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.

12 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 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 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 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 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 and two in .

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 . 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 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 , 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 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. . 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 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 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 , 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, 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 - larger scale. This has been done on the committee elaborates a new report ten questions of the committees is, 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 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 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 , 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.

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