The Supreme Court (, lit. ''Highest Court'', , ) is the

supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

and the third and final instance in all civil and criminal cases in the

Kingdom of Denmark The Danish Realm, officially the Kingdom of Denmark, or simply Denmark, is a sovereign state consisting of a collection of constituent territories united by the Constitution of Denmark, Constitutional Act, which applies to the entire territor ...

. It is based at Christiansborg Palace in

Copenhagen Copenhagen ( ) is the capital and most populous city of Denmark, with a population of 1.4 million in the Urban area of Copenhagen, urban area. The city is situated on the islands of Zealand and Amager, separated from Malmö, Sweden, by the ...

which also houses the

Danish Parliament The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...

and the

Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...

's office.

History

The Supreme Court was founded on 14 February 1661 by King Frederik III as a replacement of King Christian IV's ''King's Court'' (da. ''Kongens Retterting''). It was based at first Copenhagen Castle later Christiansborg Palace, which was built in its place on the same site at

Slotsholmen Slotsholmen (English language, English: The Castle Islet) is an island in the harbour of Copenhagen, Denmark, and part of Copenhagen Indre By, Inner City. The name is taken from the successive castles and palaces located on the island since Absal ...

, and originally consisted of 30 justices. From its foundation and until the adoption of the Constitution of 1849, the court was formally an instrument of the king, only deciding cases by a majority vote in the king's absence, most kings only attended the first meeting each supreme court year. An office as ''justitiarius'' to lead the court was instituted as early as 1674 (from 1919 with title of President). As absolute monarch the king retained the inherent power to overrule the court, which happened on one occasion. Aside from this the court routinely exercised the power to commute criminal sentences, a power that was written into the constitution of 1849. After the 1794 Fire of the Christiansborg Palace, the Supreme Court moved first to the Prince's Mansion (da. ''Prinsens Palæ'') until 1854, now housing the

National Museum of Denmark The National Museum of Denmark (Nationalmuseet) in Copenhagen is Denmark, Denmark's largest museum of cultural history, comprising the histories of Danish and foreign cultures, alike. The museum's main building is located a short distance from S ...

, and then to one of the four mansions of Amalienborg Palace (1854–1864), before moving back to Slotsholmen. After the fire of the second Christianborg Palace in 1884 the Supreme Court had to move once again and was based at ''Bernstorffs Palæ'' in

Bredgade Bredgade (literal translation, lit. "Broad Street") is one of the most prominent streets in Copenhagen, Denmark. Running in a straight line from Kongens Nytorv for just under one kilometre to the intersection of Esplanaden, Copenhagen, Esplanaden ...

until 1919 when it could move back to the present Christiansborg Palace. Since a rule change in 2007, the court have had a greater focus on test cases that establish

precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

Function

The Supreme Court functions as a civil and criminal appellate court for cases from the subordinate courts. Since a decision cannot normally be appealed more than once, District Court cases rarely reach Supreme Court-level, though this may be the case if the independent Appeals Permission Board grants a leave of appeal. Significant civil cases with issues of principle, however, are typically deferred to one of the two Danish High Courts as courts of first instance. In those cases sentences from the Eastern or Western High Courts ( Østre Landsret and Vestre Landsret) may be directly appealed to The Supreme Court. As its name indicates, the Supreme Court is the highest Court in the Kingdom of Denmark and its judgments cannot be appealed to another Danish court. It is split into two chambers which both hear all types of cases. A case is heard by at least five judges. In all, the court consists of normally 15 judges and a President. Unlike criminal cases in the lower courts, the Supreme Court does not deal with the issue of guilt. However, the basis on which the lower court reached its verdict may be brought into consideration and edited. In criminal trials by jury in the first instance, the defence may appeal on grounds of judicial error regarding the judges' direction to the jury (the summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate).

Current members

There are 18 judges in the Supreme Court. One of the Supreme Court justices is president of the Supreme Court, appointed by the other judges. A judge is the chairman of the Appeals Permission Board and a judge is on leave to serve as a judge of the

European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...

Luxembourg Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...

. The Judges of the Supreme Court, like other judges, are appointed by the

Minister of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

on the recommendation of the Independent Board of Judges. Judges shall be retired at the end of the month in which they reach the age of 70, as according to section 5 of the Civil Service Act.

List of presidents

* 1661-1674 Peder Reedtz * 1674-1676 Peder Schumacher Griffenfeld * 1676-1686 Frederik Ahlefeldt * 1686-1690 Michael Vibe * 1690-1708 Conrad Reventlow * (1708-1719 Caspar Schøller) * 1720-1721 Frederik Rostgaard * 1721-1730 Ulrik Adolf Holstein * 1730-1740 Iver Rosenkrantz * 1740-1748 Johan Ludvig Holstein * 1748-1758 Claus Reventlow

Justitiarii (until 1919)

* 1674-1676 Otto Pogwisch * 1676-1679 Ove Juul * 1679-1683 Holger Vind * 1683-1690 Michael Vibe * 1690-1704 Willum Worm * 1705-1719 Caspar Schøller * 1720-1721 Frederik Rostgaard * 1721-1726 Christian Scavenius * 1726-1736 Christian Braem * 1736-1737 Thomas Bartholin den yngste * 1737-1743 Didrik Seckman * 1743-1758 Oluf Borch de Schouboe * 1758-1763 Hans Frederik von Levetzau * 1763-1765 Caspar Christopher Bartholin (acting) * 1765-1769 Mogens Rosenkrantz * 1769-1769 Villum Berregaard * 1769-1776 Jens Krag-Juel-Vind * 1776-1780 Henrik Hielmstierne * 1780-1782 Peder Rosenørn * 1782-1788 Adolph Sigfried von der Osten * 1788-1789 Jørgen Erik Skeel * 1790-1794 Christian Urne * 1794-1799 Stephan Hofgaard Cordsen * 1799-1802 Jakob Edvard Colbjørnsen * 1802-1804 Frederik Julius Kaas * 1804-1814 Christian Colbjørnsen * 1815-1822 Peter Feddersen * 1822-1843 Anker Vilhelm Frederik Bornemann * 1843-1856 Frederik von Lowzow * 1856-1856 Johannes Ephraim Larsen * 1856-1861 Peter Georg Bang * 1861-1861 Anton Wilhelm Scheel (acting) * 1861-1871 Christian Michael Rottbøll * 1871-1880 Charles Ferdinand Léonard Mourier * 1880-1897 P.C.N. Buch * 1897-1907 Peter Frederik Koch * 1907-1909 C.C.V. Nyholm * 1909-1915 Niels Lassen * 1915-1918 Edvard Hvidt * 1918-1919 Richard Severin Gram (oprindelig titel var justitiarius, men blev ændret til præsident i 1919)

Presidents (since 1919)

* 1919-1928: Richard Severin Gram (original title was justitiarius, changed to præsident in 1919) * 1928-1936: Cosmus Meyer * 1936-1944: Troels G. Jørgensen * 1944-1953: Thomas Frølund * 1953-1958: Asbjørn Drachmann Bentzon * 1958-1964: Otto Irminger Kaarsberg * 1964-1971: Aage Lorenzen * 1971-1975: Jørgen Trolle * 1975-1981: Mogens Hvidt * 1981-1990: Peter Christensen * 1990-2001: Niels Pontoppidan * 2001-2004: Jacques Hermann * 2004-2010: Torben Melchior * 2010-2014: Børge Dahl * 2014-2017: Poul Søgaard * 2017-2022: Thomas Rørdam * From 2022: Jens Peter Christensen

References

External links

Source
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Denmark Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...

1661 establishments in Denmark Courts and tribunals established in 1661