| Parliament name (generic / translated) |
Folketinget / Parliament |
| Structure of parliament |
Unicameral |
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POLITICAL SYSTEM
|
| Type of political regime |
parliamentary / constitutional monarchy |
| Notes |
The mixed monarchy and the theory of separation of powers are the guiding principles of the Danish Constitution. The system of government is that of a constitutional monarchy, with the legislative power vested with the Crown and Parliament jointly, and the executive power vested with the King or Queen, with the ministers being responsible for the conduct of the government. Queen Margarethe II is the current Head of State. She is bound in all respects to act in accordance with the prescriptions of the government or one of the ministers. |
| Head of the executive |
Prime Minister |
| Notes |
The choice of Prime Minister and other ministers is determined by the party composition in the parliament, that is, the government appointed may not have a majority in the parliament against it. |
| Method for appointing the executive |
Royal authority is inherited in accordance with the provisions of the act of succession to the Throne. The government is appointed by the Queen and consists of the Prime Minister and other ministers, each with their own department. The Queen's authority regarding the formation of a government is subject to a major limitation, namely that a minister may not remain in office after the parliament has approved a vote of no confidence in him/her (Article 15 of the Constitution). This is interpreted to the effect that the Queen cannot appoint a government if it is known to her that it will be defeated immediately in the parliament by a vote of no confidence. |
| Term of office of the executive and coincidence with the term of the legislature |
The Queen, who is the Head of State, is in office for as long as she lives. The members of the parliament are elected for a period of four years. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Members of the government are generally parliamentarians. |
| Dissolution of Parliament |
Yes |
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The right to dissolve Parliament is the prerogative of the Prime Minister. He may at any time issue writs for a new election, with the effect that the existing seats be vacated upon a new election (Article 32 of the Constitution). The Prime Minister causes a general election to be held before the expiration of the period for which the parliament has been elected. |
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Parliament was dissolved in 1994 and 1998, both times because the election period was expiring. However, Parliament was prematurely dissolved in 1990 because of the collapse of the economic negotiations between the government and the opposition. |
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ACCOUNTABILITY
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| Accountability of Government to Parliament |
Yes |
The parliament oversees the government to ensure that maladministration does not take place. Each minister is individually responsible for his government administration. The Queen is not answerable for her actions, since her person is sacrosanct (Article 13 of the Constitution). |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
If a parliamentarian wishes to obtain information about a public matter, he/she may do so by putting a question to the minister concerned. However, no resolution can be passed on questions. Parliamentarians may also submit for discussion any matter of public interest and request a statement thereon from ministers. Moreover, during the debate of an interpellation, Parliament can pass a resolution of no confidence. |
- Government reports to Parliament
|
Legislation within certain subject areas may state an obligation for a ministry to make reports to the parliament on special subjects. Within the area of the ministry of environment, for instance, legislation prescribes that the ministry submit a report for country planning after each parliamentary election. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
At the first meeting in the session year, the Prime Minister renders an account of the general state of the country and of the measures proposed by the government (Article 38 of the Constitution). The parliament then debates this account. Resolutions - including resolutions of no confidence - can be passed during this general debate. |
| Motions of censure and votes of no confidence (sub-report) |
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A motion of censure may be tabled in the case of disapproval of actions taken by the government, of a breach of the Constitution and/or laws, as well as in the case of general dissatisfaction with the government. |
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For a resolution to be passed by the parliament, more than half the members must be present and take part in the voting. A resolution is considered passed when the votes cast in favour of a motion exceed those cast against it (a simple majority). |
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If a motion of censure is passed, the government resigns or the Prime Minister issues writs for a general election. Writs for an election may not be issued after the appointment of a new minister until the Prime Minister has appeared before Parliament. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
Ministers may be impeached by the Queen or by the parliament for maladministration (Article 16 of the Constitution). With the consent of the parliament, the Queen may also cause other persons to be tried before the High Court of the Realm for crimes that she may deem to be particularly dangerous to the state. |
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Proposals for parliamentary resolution are moved in the same way as bills and are subjected to two readings according to the same rules that apply to first and third readings of bills. The High Court of the Realm tries cases of impeachment brought against ministers for maladministration. |
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In 1993, impeachment was brought against a former minister of justice for acting without legal authority in matters concerning refugees. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The government is in charge of the executive departments and agencies (called the central administration) and responsible for the loyal and lawful implementation of acts of parliament. On the other hand, the parliament is tasked with the obligation to oversee the administration. |
| Means and modalities of oversight |
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The parliament exercises oversight over the actions of the government administration by holding hearings in committees. |
- Committees of inquiry and missions to Government departments
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The parliament may appoint committees from among its members to investigate matters of general importance (Article 51 of the Constitution). Such committees are entitled to demand written or oral information both from private citizens and from public authorities. |
- Oral and written questions of parliamentarians
|
If a parliamentarian wishes to obtain information about a public matter, he/she may do so by putting a question to the minister concerned. The question is tabled in writing and must be brief and concise. The question is forwarded to the speaker, who forwards a copy of the question together with an eventual written justification to the minister. The questioner may demand a written or an oral reply. If the minister, in a previous notification in writing or during question time, declares that he/she is not in a position to answer the question, the matter is considered closed. If the questioner has asked for an oral reply, the question is entered on the list of questions for the next question time. The time allotted to the minister to answer the question is two minutes, both the first time and any following times, and the same time is allotted to other ministers who may wish to speak. However, no resolution can be passed.
If the answer is given in writing, which should then be done within six weekdays, the speaker forwards it to the questioner and sees to the printing of the question and the answer in the parliamentary record of proceedings. Questions which are answered in writing should be drawn up in a way so as to keep the reply within reasonable limits. If a parliamentarian wants to put a question to a minister and have an immediate reply, the member in question does so during question time. The Prime Minister informs the parliament by no later than 10 a.m. on the day of the said question time that the minister in question will participate. A question put during question time may not exceed one minute, including an eventual justification. The minister's reply may not exceed two minutes. Question time must not exceed one hour. In exceptional circumstances, the speaker may disregard both the time limits and the limitations to the number of times to which a member is entitled to speak. |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable |
- Activity reports of the Government administration and of public services or establishments
|
Legislation may stipulate that public services or establishments or state-owned enterprises publish a yearly activity report. |
- Representation of Parliament in governing bodies of the Government administration
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The parliament is represented by members in the governing bodies of public establishments, such as the tax tribunal and the board of assessment. |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
Statutory provisions are made for the appointment by the parliament of one or two persons, who are not parliamentarians, to supervise the civil and military administration of the state (Article 55 of the Constitution). The Ombudsman is appointed by the parliament after each general election and may be freely dismissed by the parliament. |
- Relationship to Parliament
|
The Ombudsman submits an annual report to the parliament. The latter may establish general rules regarding his/her activities, but it may not intervene in his/her handling of individual cases. |
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BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
Budgetary oversight is exercised during the legislative work in connection with the finance bill and the annual supplementary appropriation bill. Most of the oversight is undertaken by the finance committee. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The finance bill and the supplementary appropriation bill are subject to the rules of bills of the Constitution (Article 41, paragraph 2 of the Constitution), according to which no bill may be finally passed until it has been read three times in the parliament. More precisely, taxes may not be levied before the finance act or a provisional appropriation act has been passed by the parliament. No expenditure may be defrayed unless provided for by the finance act passed by the parliament, or by a supplementary appropriation act, or by a provisional appropriation act passed by the parliament. The finance bill is prepared by the government through the Ministry of Finance on the basis of information called in from all administrations regarding their needs and wishes. The finance bill is put before the parliament by 31 August at the latest for a first reading. On the first Tuesday of October, a new parliamentary sessions starts, and the finance bill is again introduced for the first reading, upon which it is submitted to the finance committee. |
- Reports on the budget / finance act by Committees
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When the finance committee has finished its work on the bill, it submits a report to the parliament whereupon the second reading takes place. |
| Fields overseen |
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The parliament exercises oversight over all public funds. |
- Budget of special departments
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The parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
Not available |
| Parliament's deadline for the examination and adoption of the budget / finance act |
A finance bill for the next fiscal year must be submitted to the parliament not later than four months before the beginning of that fiscal year (Article 45 of the Constitution). The finance bill has to be passé its third reading before the end of the calendar year. |
| Consequences of failure by Parliament to adopt the budget / finance act |
Where it is expected that the reading of the finance bill for the next fiscal year will not be completed before the commencement of that fiscal year, a provisional appropriation bill may be laid before Parliament. |
| Budgetary autonomy of Parliament |
Yes |
The budget for the parliament forms part of the finance bill, in the same way as the budgets of the state administrations. |
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OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
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| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The public accounts must be submitted to the parliament not later than six months after the expiration of the fiscal year (Article 47 of the Constitution). Public accounts are examined by auditors and are submitted to the parliament for its decision together with the auditor's report. The Auditor General examines and revises the public accounts and reports by a legally prescribed "report on the control of appropriation" concerning the year in question. This report and the special report for the year are published in the final report of the Auditor General. On the basis of this final report, the finance committee submits a recommendation and reports on the public accounts to the parliament for approval during two readings. Normally, approval is given without further debate in the plenary session, as all questions have been cleared up in the final report for the auditor or by possible supplementary questions to the ministers from the finance committee. |
| Parliamentary oversight of public companies |
No |
The Auditor General audits the state accounts, the accounts of institutions which have their deficit covered by a government subsidy, the accounts of independent administration subjects established according to law, and accounts of companies in which the state participates. The auditing comprises financial audit (assessment of accounts), as well as administrative auditing (assessment of productivity, efficiency and performance). |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
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There are six state auditors who are elected every fourth year independent of the periods between elections. They receive remuneration and employ their own three staff, and are entitled to demand all necessary information from the state administration. In practice, however, the auditing has been delegated since 1976 to the Auditor General, which is a unitary auditing body with 277 employees. The Auditor General is appointed by the Speaker of the parliament and approved by the standing order committee upon the recommendation of the state auditors. |
- Reports of the public auditor's office
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The Auditor General is entitled to demand accounts for control via the minister directly or from the institutions that receive state subsidies, loans, guarantees or other subsidies. Among other things, the Auditor General checks that the accounts have been revised and that conditions for subsidies have been fulfilled and are included in the administrative revision. The Auditor General submits auditing reports to the state auditors, partly in the annual report on the state accounts, and partly in special reports on subjects selected by the Auditor General or the state auditors. The state auditors examine these reports and approve most of them. The reports are then published and submitted to the parliament and to the ministers in question who have four months to produce an account for the state auditors about the measures they intend to take on the basis of the reports. |
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Not applicable |
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OVERSIGHT OVER FOREIGN POLICY
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| Foreign Relations Committee (sub-report) |
- Functions of the Committee
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The parliament exercises oversight over foreign policy through the foreign affairs committee. |
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Not available |
- Composition of the Committee
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Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
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The parliament exercises oversight over foreign policy through bilateral visits, inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
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The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues, on average ten times per session during the last nine sessions. Once every session, the situation of foreign policy is discussed in detail during an interpellation debate. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Parliamentarians may participate in intergovernmental meetings at the request of the government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The Queen acts on behalf of the Realm in international affairs. But she may not enter into any obligation which for fulfilment requires the concurrence of Parliament or which is otherwise of major importance, nor may she terminate any international treaty entered into with the consent of the parliament (Article 19 of the Constitution). Any measure that the Queen takes in pursuance of this provision must be submitted to the parliament forthwith. |
- Other mechanisms for participation in foreign policy by Parliament
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In addition to the above, the parliament appoints from among its members a foreign policy committee, which the government consults before making any decision of major importance to foreign policy (Article 19, paragraph 3 of the Constitution). This committee is not a proper parliamentary committee, as it neither reports to the parliament, nor prepares parliamentary decisions. |
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
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| National Defence Committee (sub-report) |
- Functions of the Committee
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The parliament exercises oversight over defence policy through the defence committee. |
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|
Not available |
- Composition of the Committee
|
Not available |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
Except for purposes of defence against an armed attack or against military forces, the Queen may not use military force against any foreign State without the consent of the parliament. |
- Role of Parliament in sending troops abroad
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The Queen acts on behalf of the Realm in international affairs, yet she may not undertake any act whereby the territory is increased or reduced, nor may she enter into any obligation which for fulfilment requires the concurrence of Parliament or which is otherwise of major importance (Article 19 of the Constitution). Except for purposes of defence against an armed attack or military forces, the Queen may not use military force against any foreign State without the consent of the parliament. Any measure that the Queen takes in pursuance of this provision must be submitted to the parliament forthwith. |
- Other mechanisms for participation in national defence policy by Parliament
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In addition to the above, the parliament appoints from among its members a foreign policy committee, which the Government consults before making any decision of major importance to foreign and defence policy (Article 19, paragraph 3 of the Constitution). This committee is not a proper parliamentary committee, as it neither reports to the parliament, nor prepares parliamentary decisions. |
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STATE OF EMERGENCY
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| Circumstances |
Except for purposes of defence against an armed attack or against military forces, the Queen may not use military force against any foreign State without the consent of the parliament. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
Any measure that the Queen takes in pursuance of this provision must be submitted to the parliament forthwith. If the parliament is not in session it is convened immediately. |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
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| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
The courts |
Not available |
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No rules govern this question, but the Danish High Court has recently ruled that it considers it a matter for the High Court. |
| Evaluation of laws |
No |
Not applicable |
| Measures |
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Compare data for parliamentary chambers in the Oversight module
