The Supreme Court (, lit. Highest Court, , ) is the supreme court and the third and final instance in all civil and criminal cases in the Kingdom of Denmark. It is based at Christiansborg Palace in Copenhagen which also houses the Danish Parliament and the Prime Minister'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, 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, 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 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.
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 in Luxembourg.
The Judges of the Supreme Court, like other judges, are appointed by the Minister of Justice 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. +The Supreme Court Judges of Denmark, :NameBornAssumed officeCommentJens Peter Christensen1 November 19562006President of the Supreme Court from 1 November 2022.Lars Bay Larsen8 June 19532003Leave since 2006: Judge of the European Court of JusticePoul Dahl Jensen21 June 19562004Vibeke Steen Rønne7 March 19532005Michael Rekling18 February 19582007Hanne Schmidt9 March 19602009Lars Hjortnæs16 September 19602010Oliver Talevski23 March 19642011Chairman of the Appeals Permission BoardJan Schans Christensen15 August 19572012Kurt Rasmussen7 July 19582012Jens Kruse Mikkelsen23 July 19652013Lars Apostoli16 February 19612014Anne Louise Bormann25 August 19672016Kristian Korfits Nielsen4 April 19682017Jørgen Steen Sørensen21 April 19652019Ole Hasselgaard3 April 19672021Rikke Foersom13 November 19742021Søren Højgaard Mørup8 April 19732022
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 (original title was justitiarius, changed to præsident in 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
See also
Courts of Denmark Judiciary of Greenland
References
External links Source Source