|
Composition
and structure
Numbers of
members :
18
Recruitment
procedures and incompatibilities :
The members are appointed by the Minister of Justice. After advice
from the independant judicial Appointments Council and Supreme Court.
Before appointment the candidate must pass a test in the Supreme
Court considering the judgment in four cases, and in practice, the
Minister follows the advice of the Supreme Court. The Supreme Court
is therefore in practical terms self-supplementing.
Internal
organization :
The Court works in two chambers. The composition of the chambers
are changed every third month. The chambers deal with all kinds
of cases within the field of jurisdiction. The chambers are thus
not "specialised" to deal with certain types of cases. The chambers
normally sit with 5 judges and in cases concerning matters of principles
with 7 or more judges.
In cases of particular importance the Court acts as a plenary Court
sitting with 11 or more judges.
back
to top
Court
functions
Jurisdiction
:
Denmark has only one court system. The Courts, including the Supreme
Court, deal with all types of cases : civil cases, criminal cases,
administrative law cases and constitutional law cases. The Supreme
Court is the court of final instance in all these cases.
Publications
:
The decisions of the Supreme Court are published in a gazette which
appear weekly. The decisions are published in the Gazette 2 or 3
months after the decisions have been announced.
Organization
of the courts system :
The Danish courts system has 3 levels : District Courts, High Courts
and the Supreme Court. The District Courts act as first instance
courts. From the District Courts appeals are heard by the 2 High
Courts. However, some cases are dealt with by the High Courts as
first instance courts. This applies to certain administrative law
cases involving issues of constitutional law.
In cases which have been decided by a High Court as a first instance
court, appeals are heard by the Supreme Court. Cases, which have
been decided by a High Court on appeal, may only be brought before
the Supreme Court with permission from a board consisting of 3 judges
(one Supreme Court judge, one High Court judge, and one District
Court Judge), one attorney and one professor of law.
Powers of
the judge :
The Supreme Court has the power to amend or annul the decisions
of the High Courts. The Court has full jurisdiction to assess both
facts and law, except in criminal cases. In these cases the Supreme
Court cannot assess the evidence.
As far as administrative law cases are concerned, the courts have
full jurisdiction to review the decisions of the administrative
body in question. The Courts may thus annul a decision, revert the
matter back to the administrative body and award compensation. The
Courts, however, can only exercise these functions to the extent
to which the party challenging the administrative decision has invoked
these powers..
back
to top
Advisory
functions
The Supreme
Court - as other Danish Courts - has no advisory functions.
back
to top
|
