The Edinburgh Agreement or Edinburgh Decision is a December 1992 agreement reached at a
European Council
The European Council (informally EUCO) is a collegiate body (directorial system) and a symbolic collective head of state, that defines the overall political direction and general priorities of the European Union (EU). It is composed of the he ...
meeting in
Edinburgh
Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
,
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, that granted
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 ...
four exceptions to the
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
so that it could be ratified by Denmark. This was necessary because, without all member states of the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
ratifying it, it could not come into effect. Denmark had first
rejected the Maastricht treaty, but with the addition of the Edinburgh Agreement, ratified the treaty in a
1993 referendum. The member states that had already ratified the Maastricht Treaty did not have to do so again.
Denmark obtained four opt-outs from the
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
following the treaty's initial rejection in a
1992 referendum. The opt-outs are outlined in the Edinburgh Agreement and concern the
Economic and Monetary Union (EMU), the
Common Security and Defence Policy (CSDP),
Justice and Home Affairs (JHA) and the
citizenship of the European Union
The European Union citizenship is a legal status afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU c ...
. With these opt-outs the Danish people accepted the treaty in
a second referendum held in 1993. On 1 June 2022, Denmark abolished its
opt-out from the CSDP.
The EMU opt-out means Denmark is not obliged to participate in the third phase of the
European Exchange Rate Mechanism
The European Exchange Rate Mechanism (ERM II) is a system introduced by the European Economic Community on 1 January 1999 alongside the introduction of a single currency, the euro (replacing ERM 1 and the euro's predecessor, the ECU) as ...
, i.e. to replace the
Danish krone
The krone (; plural: ''kroner''; sign: kr.; 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 use; the former precedes ...
with the euro. The abolition of the euro opt-out was put to a
referendum in 2000 and was rejected. The opt-out from the
CSDP, also known as the "defence opt-out", originally meant Denmark would not be obliged to join the
Western European Union
The Western European Union (WEU; , UEO; , WEU) was the international organisation and military alliance that succeeded the Western Union (alliance) , Western Union (WU) after the 1954 amendment of the 1948 Treaty of Brussels. The WEU implement ...
(which originally handled the defence tasks of the EU). The abolition of the defence opt-out was put to
a referendum on 1 June 2022, where Denmark voted to abolish it. Until 1 June 2022, the defence opt-out meant that Denmark did not participate in the European Union's
foreign policy
Foreign policy, also known as external policy, is the set of strategies and actions a State (polity), state employs in its interactions with other states, unions, and international entities. It encompasses a wide range of objectives, includ ...
where defence is concerned. Denmark did not take part in decisions nor act in that area. It did not contribute troops to missions conducted under the auspices of the European Union, and did not participate in the
European Defence Agency
The European Defence Agency (EDA) is an agency of the European Union (EU) that promotes and facilitates integration between member states within the EU's Common Security and Defence Policy (CSDP). The EDA is headed by the EU High Represent ...
. The JHA opt-out exempts Denmark from certain areas of home affairs. Significant parts of these areas were transferred from the third
European Union pillar to the first under the
Amsterdam Treaty
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
; Denmark's opt-outs from these areas were kept valid through additional protocols, so they now have an opt-out from the Area of freedom, security and justice. Acts made under those powers are not binding on Denmark except for those relating to Schengen, which are instead conducted on an intergovernmental basis with Denmark. Under the
Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is a European agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all EU member states o ...
, Denmark can change its JHA opt-out from a complete opt-out to the case-by-case opt-in version applying to Ireland whenever it wishes.
The citizenship opt-out stated that European citizenship did not replace national citizenship; this opt-out was rendered meaningless when the
Amsterdam Treaty
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
adopted the same wording for all members.
The four exceptions granted to Denmark are as follows:
Section A: Citizenship
The provisions of Part Two of the Treaty establishing the European Community relating to citizenship of the Union give nationals of the Member States additional rights and protection as specified in that Part. They do not in any way take the place of national citizenship. Whether an individual possesses the nationality of a Member State will be settled solely by reference to the national law of the Member State concerned.
While this opt-out is still officially in force, the adoption of
Treaty of Amsterdam
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
(which includes a similar provision applying to all member states) makes the citizenship opt-out effectively moot.
Section B: Economic and monetary union
The Protocol on certain provisions relating to Denmark attached to the Treaty establishing the European Community gives Denmark the right to notify the
Council of the European Communities
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or nation ...
of its position concerning participation in the third stage of
Economic and monetary union. Denmark has given notification that it will not participate in the third stage. This notification will take effect upon the coming into effect of this decision.
As a consequence, Denmark will not participate in the
single currency, will not be bound by the rules concerning economic policy which apply only to the Member States participating in the third stage of Economic and Monetary Union, and will retain its existing powers in the field of monetary policy according to its national laws and regulations, including powers of the National Bank of Denmark in the field of monetary policy.
Denmark will participate fully in the second stage of Economic and Monetary Union and will continue to participate in exchange-rate cooperation within the EMS.
Note: The benefit of this exception is also debatable. Some other EU members have opted out of the common currency without an agreed exception. Sweden for instance does not have its own exception, whereas the United Kingdom did.
Section C: Defence policy
On 1 June 2022, Denmark held
a referendum on the abolition of this opt-out. The referendum resulted in the abolition of the defence opt-out.
Until the 2022 referendum, the Heads of State and Government noted that, in response to the invitation from the
Western European Union
The Western European Union (WEU; , UEO; , WEU) was the international organisation and military alliance that succeeded the Western Union (alliance) , Western Union (WU) after the 1954 amendment of the 1948 Treaty of Brussels. The WEU implement ...
(WEU), Denmark had become an observer to that organisation. They also noted that nothing in the Treaty on European Union committed Denmark to become a member of the WEU. Accordingly, Denmark did not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications, but would not prevent the development of closer cooperation between Member States in this area.
Section D: Justice and home affairs
Denmark will participate fully in cooperation on Justice and Home Affairs on the basis of the provisions of title VI of the Treaty on European Union.
References
Further reading
*
*{{cite journal
, first =Graham
, last =Butler
, authorlink =
, date=2020
, title =The European Defence Union and Denmark's Defence Opt-out: A Legal Appraisal
, journal =European Foreign Affairs Review
, volume =25
, issue =1
, pages =117–150
, id =
, doi=10.54648/EERR2020008
, url =https://pure.au.dk/ws/files/210783649/The_European_Defence_Union_and_Denmarks_defence_opt_out_Published_version_2020.pdf
External links
Denmark and the Treaty on European Union
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Politics of Denmark
Politics of the European Union
European Council
1992 in politics
1993 in politics
1992 in Scotland
1993 in international relations
1992 in international relations
1992 in the European Economic Community
1993 in the European Union
December 1992 in the United Kingdom
December 1992 in Europe