Court Of Impeachment (Denmark)
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The Court of Impeachment of the Realm (also called the High Court of the Realm or simply the Court of Impeachment) () is a special
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
of 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 ...
, that 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 ...
() can assemble, to hear and deliver judgments against
ministers Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...
accused of unlawful
misconduct Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misc ...
and
maladministration Maladministration is the actions of a government body which can be seen as causing an injustice. The law in the United Kingdom says Ombudsmen must investigate maladministration. The definition of maladministration is wide and can include: *Del ...
of office. According to the wording of the Constitutional Act, the Sovereign of Denmark can also demand that Ministers be impeached and brought before the Court of Impeachment. However, in practice only Government has this right. The Court consists of up to 15
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 ...
judges appointed on
seniority Seniority is the state of being older or placed in a higher position of status relative to another individual, group, or organization. For example, one employee may be senior to another either by role or rank (such as a CEO vice a manager), or by ...
, as well as 15 members appointed by the Folketing's parties from outside the Parliament. These members shall be appointed for a period of 6 years. The Court of Impeachment was established by the
Danish Constitution The Constitutional Act of the Realm of Denmark (), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution (, , ), is the constitution of the Kingdom of Denmark, applying equally in the Realm of Denmark: Denma ...
in 1849. The Court of Impeachment differs from the ordinary courts (see
Courts of Denmark The Courts of Denmark (, , ) is the ordinary court system of the Kingdom of Denmark. The Courts of Denmark as an organizational entity was created with the Police and Judiciary Reform Act () taking effect 1 January 2007 which also signific ...
) in its particular composition and in that
indictments An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use th ...
, unlike in ordinary criminal proceedings, aren't arisen by the
Danish Prosecution Service The Danish Prosecution Service (Danish: ) is the Danish public entity who is responsible for the prosecution of criminal charges. It consists of the Director of Public Prosecutions (''Rigsadvokaten''), the regional prosecutors (''Statsadvokaterne ...
but by the Folketing or the
Monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...
. The Court of Impeachment can only hear cases relating to a minister's tenure – if charges are to be brought against a minister for other forms of crime, the indictment must be brought in the ordinary courts. While the Danish Constitution allows the Court of Impeachment to deal with such cases, it has never been used. In the interests of confidence in the party-political independence and impartiality of the judges of the Court of Impeachment, it may be problematic that the non-judicial judges of the Court of Impeachment are chosen by party-political politicians of 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 ...
. Historical experience shows that politically appointed members of the Court of Impeachment have tended to judge according to the party-card. Several members of the Court of Impeachment are former members of parliament. Since the Court of Impeachment was instituted in 1849, six cases have been brought before the Court, but only three Ministers have been found guilty. In 1910, the former
Minister for the Interior Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...
, was ordered to pay a fine for
negligence Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
in his supervision of The Zealand Farmers’ Savings Bank () ( the Alberti case). In 1995, the former
Minister for 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 ...
Erik Ninn-Hansen Erik Ninn-Hansen (12 April 1922 – 20 September 2014) was a Danish politician. He served in the Cabinet of Hilmar Baunsgaard, first as Defence Minister, and later as Finance Minister. In the early 1970s he became leader of the Conservative ...
, was given a suspended sentence of four months imprisonment for having prevented
Tamil Tamil may refer to: People, culture and language * Tamils, an ethno-linguistic group native to India, Sri Lanka, and some other parts of Asia **Sri Lankan Tamils, Tamil people native to Sri Lanka ** Myanmar or Burmese Tamils, Tamil people of Ind ...
refugees from bringing their families to Denmark (the
Tamil Case The Tamil Case ( Danish: Tamilsagen) was a case about family reunification in Denmark of Tamil refugees from the Sri Lankan Civil War. The affair led to the resignation of the government led by Poul Schlüter in 1993. The scandal was first uncov ...
). In 2022, the former Minister for Immigration and Integration
Inger Støjberg Inger Beinov Støjberg (born 16 March 1973) is a Danish politician, businesswoman, convicted felon, and former reporter who served as a government minister in the Danish Parliament. Støjberg served as the minister for gender equality from 2009 ...
, was sentenced to 60 days in prison for illegal separation of couples in
refugee A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as ...
centres.


Current members of the Court of Impeachment

The Court consists of up to 15
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 ...
judges appointed on
seniority Seniority is the state of being older or placed in a higher position of status relative to another individual, group, or organization. For example, one employee may be senior to another either by role or rank (such as a CEO vice a manager), or by ...
, as well as 15 members (from outside the Parliament) appointed by the Folketing's parties. These members are appointed for a period of 6 years.


Impeachment trials

Since the Court of Impeachment was instituted in 1849, six cases have been brought before the Court:


Impeachment trial of 1856 – Acquitted

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 ...
Anders Sandøe Ørsted Anders Sandøe Ørsted (21 December 1778 – 1 May 1860) was a Danish lawyer, politician and jurist. He served as the Prime Minister of Denmark in 1853–1854. Biography He studied philosophy and law at the University of Copenhagen and was ...
and his government were put before the Court of Impeachment for spending extra money on the
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
during the
Crimean War The Crimean War was fought between the Russian Empire and an alliance of the Ottoman Empire, the Second French Empire, the United Kingdom of Great Britain and Ireland, and the Kingdom of Sardinia (1720–1861), Kingdom of Sardinia-Piedmont fro ...
, when the
Baltic Sea The Baltic Sea is an arm of the Atlantic Ocean that is enclosed by the countries of Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Russia, Sweden, and the North European Plain, North and Central European Plain regions. It is the ...
became an important bastion. The accusation was that
Rigsdagen The Rigsdag ( ) was the name of the national legislature of Denmark from 1849 to 1953. The Rigsdag was Denmark's first parliament, and it was incorporated in the Constitution of 1849. It was a bicameral legislature, consisting of two houses, t ...
had approved it. Ørsted and the government were acquitted.


First impeachment trial of 1877 – Acquitted

The Minister for Finance
Andreas Frederik Krieger Andreas Frederik Krieger (4 October 1817, Kolbjørnsvik  – 27 September 1893) was a Danish politician, government minister, professor of law and supreme court judge. He was a member of the National Constitutional Assembly from 1848 to 184 ...
was acquitted in the Court of Impeachment over the sale of the
Frederik's Church Frederik's Church (), popularly known as The Marble Church () for its rococo architecture, is an Evangelical Lutheran church in Copenhagen, Denmark. The church forms the focal point of the Frederiksstaden district; it is located due west of A ...
area and grounds. The financier C.F. Tietgen had bought it too cheaply, the indictment said - and then the deal had been struck without
Rigsdagen The Rigsdag ( ) was the name of the national legislature of Denmark from 1849 to 1953. The Rigsdag was Denmark's first parliament, and it was incorporated in the Constitution of 1849. It was a bicameral legislature, consisting of two houses, t ...
approving the sale.


Second impeachment trial of 1877 – Acquitted

Massive budget overruns in the construction of the
Royal Danish Theatre The Royal Danish Theatre (RDT, Danish: ') is both the national Danish performing arts institution and a name used to refer to its old purpose-built venue from 1874 located on Kongens Nytorv in Copenhagen. The theatre was founded in 1748, first s ...
were the reason why Prime Minister
Carl Christian Hall Carl Christian Hall (25 February 1812 – 14 August 1888) was a Danish statesman. Hall served as the Council President of Denmark (Prime Minister), first from 1857 to 1859 and again from 1860 to 1863. Early life Hall was the son of the highly ...
and
Minister for Culture A culture minister or a heritage minister is a common cabinet position in governments. The culture minister is typically responsible for cultural policy, which often includes arts policy (direct and indirect support to artists and arts organizat ...
Jens Jacob Asmussen Worsaae Jens Jacob Asmussen Worsaae (14 March 1821 – 15 August 1885) was a Danish archaeologist, historian and politician, who was the second director of the National Museum of Denmark (1865–1874). He played a key role in the foundation of scientifi ...
were put before the Court of Impeachment. The construction ended up being much more expensive than expected, but both Hall and Worsaae were acquitted in the Court of Impeachment.


Impeachment trial of 1910 – Convicted

The former
Minister for 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 ...
Peter Adler Alberti Peter Adler Alberti (10 June 1851 – 14 June 1932) was a Danish politician and swindler, known for the Alberti scandal of 1908. Career Alberti was a solicitor, the son of a liberal politician who had been a pioneer of the Danish savings bank ...
was convicted in an ordinary criminal trial for using the equivalent of 900 million
Danish kroner The krone (; plural: ''kroner''; currency sign, sign: kr.; ISO 4217, code: DKK) is the official currency of Denmark, Greenland, and the Faroe Islands, introduced on 1 January 1875. Both the ISO code "DKK" and currency sign "kr." are in common ...
of stolen money from the Den Sjællandske Bondestands Sparekasse (The Zealand Farmers’ Savings Bank). This led to 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 ...
and the
Minister of the Interior An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a cabinet official position that is responsible for internal affairs, such as public security, civil registration and identification, emergency ...
being accused of overhearing warnings about Alberti's fraud. Interior Minister Sigurd Berg was fined 1,000
Danish kroner The krone (; plural: ''kroner''; currency sign, sign: kr.; ISO 4217, code: DKK) is the official currency of Denmark, Greenland, and the Faroe Islands, introduced on 1 January 1875. Both the ISO code "DKK" and currency sign "kr." are in common ...
. Prime Minister
Jens Christian Christensen Jens Christian Christensen (21 November 1856 – 19 December 1930), most often called J. C. Christensen with the 'J' pronounced as an 'I', was a Denmark, Danish politician. Biography Christensen was born into a West Jutland peasant family a ...
was acquitted.


Impeachment trial of 1995 – Convicted

In 1995, the former
Minister for 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 ...
Erik Ninn-Hansen Erik Ninn-Hansen (12 April 1922 – 20 September 2014) was a Danish politician. He served in the Cabinet of Hilmar Baunsgaard, first as Defence Minister, and later as Finance Minister. In the early 1970s he became leader of the Conservative ...
, was given a suspended sentence of four months imprisonment for having prevented
Tamil Tamil may refer to: People, culture and language * Tamils, an ethno-linguistic group native to India, Sri Lanka, and some other parts of Asia **Sri Lankan Tamils, Tamil people native to Sri Lanka ** Myanmar or Burmese Tamils, Tamil people of Ind ...
refugees from bringing their families to Denmark (the
Tamil Case The Tamil Case ( Danish: Tamilsagen) was a case about family reunification in Denmark of Tamil refugees from the Sri Lankan Civil War. The affair led to the resignation of the government led by Poul Schlüter in 1993. The scandal was first uncov ...
).


Impeachment trial of 2021 – Convicted

On 2 February 2021 the
Folketing 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 ...
voted in a 141-30 (90 needed for majority) vote in favour of initiating an impeachment trial against former Minister for Immigration and Integration
Inger Støjberg Inger Beinov Støjberg (born 16 March 1973) is a Danish politician, businesswoman, convicted felon, and former reporter who served as a government minister in the Danish Parliament. Støjberg served as the minister for gender equality from 2009 ...
. On 13 December, Støjberg was convicted to 60 days of prison for unlawful
misconduct Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misc ...
and
maladministration Maladministration is the actions of a government body which can be seen as causing an injustice. The law in the United Kingdom says Ombudsmen must investigate maladministration. The definition of maladministration is wide and can include: *Del ...
of office, pursuant to the Minister Accountability Act and the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
( Article 8), by illegally separating couples in refugee centres, where one or both persons were minors, some of them with children.


References

{{reflist Law of Denmark Courts in Denmark Judiciary of Denmark 1849 establishments in Denmark Courts and tribunals established in 1849 Impeachment trials