EUROPAM

European Public Accountability Mechanisms

Denmark

Country score (European Average*)
  • 41(66) Political Financing
  • 0(50) Financial Disclosure
  • 6(40) Conflict of Interest
  • 46(56) Freedom of Information
  • 62(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)47208.73
Population, total5731118.00
Urban population (% of total)87.85
Internet users (per 100 people)96.97
Life expectancy at birth (years)81.10
Mean years of schooling (years)12.7
Global Competitiveness Index5.4
Sources: World Bank, UNDP, WEF.

Political Financing

The Grants to Political Parties Act (2006) and Parliamentary Election Act of Denmark (2009) are the main laws regulating the funding of political parties in Denmark.

The laws appear to impose little or no limits on the income of political parties. Donations from foreign entities, corporations, trade unions and anonymous donors are permitted. There appear to be no limits on the amount of money a party can accept.

There are provisions for the public funding of political parties and candidates. Funding is allocated to parties that have participated in the most recently held general election. Parties may use this funding to support their political work. Candidates can receive grants based on the number of votes received. All parties are given equal time broadcasting time which is provided free of charge.

For regulations on spending, vote buying is banned but there appear to be no limits on spending.

Parties are required to publish accounts which in some cases require the identity of a donor to be revealed (depending on the amount donated). Reports are submitted to the Minister for the Interior and Health and are also overseen by the Auditor General. Sanctions for breaches of the law include fines and imprisonment.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income0000
Public funding62626262
Regulations on spending25252525
Reporting, oversight and sanctions75757575

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework.
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework.

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework.
Is there a ban on corporate donations to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework.

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework.

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. Absent from legal framework.
Is there a ban on anonymous donations to candidates? No. Absent from legal framework.

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? No. Absent from legal framework.
Is there a ban on any other form of donation? No. Absent from legal framework.

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework.

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the party at the election, cf. however subsection (3). (2) A candidate who stood as an independent candidate at the most recently held general election shall be entitled to receive a grant in support of his or her political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the candidate at the election, cf. however subsection (3). (3) No grant shall be provided for parties and independent candidates in whose favour fewer than 1,000 votes were cast at the election. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 2)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 2)
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. 2.-(1) A party which participated in the most recently held general election shall be entitled to receive a grant in support of the party’s political work in Denmark. The annual grant amounts to DKK 22.30 for each vote cast in favour of the party at the election. (Grants to Political Parties Law No. 1291 of 8 December 2006, Articles 2, 3, 4)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. All parties are given equal time free of charge. Buying media time is prohibited for candidates and parties. p. 6 "Concerning indirect public funding, the only source provided in Denmark is free access to the public broadcast media during election campaigns. The guidelines of the "Danish Radio and Television" (a national public service station) aim at ensuring that all registered political parties are given equal access to pre-election programmes on radio and television. All parties (no matter how small) are given equal time free of charge to present their manifestos etc. to the public". Evaluation Report on Denmark on Transparency of Party Funding (Radio and Television Broadcasting Law No. 477 of 06 May 2010, Article 76 paraghraphs 3,4 Guidelines of the Danish Radio and Television Group of Countries Against Corruption. Evaluation Report on Denmark on Transparency of Party Funding (Theme II). Council of Europe: Strasbourg, 2009, p. 6)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. Only to political parties. (Radio and Television Broadcasting Law No. 477 of 06 May 2010, Article 76 paraghraphs 3,4 Guidelines of the Danish Radio and Television)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. 13.-(1) Grant amounts disbursed in pursuance of this Act shall not be included in the taxable income. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 13(1))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Art. 117 "Any persons who (...) (4) grants, or promises or offers any pecuniary favour with a view to making a person vote in a particular way or abstain from voting; or (5) receives, or demands or accepts the promise of any pecuniary favour against voting in a particular way or against abstaining from voting; shall be liable to a fine or to imprisonment for any term not exceeding two years" (Criminal Code (2005, as amended in 2015), Article 117)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? No. Absent from legal framework.
Are there limits on the amount a candidate can spend? No. Absent from legal framework.

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. 7b.-(1) For political parties comprised by section 3 of the Private Contributions to Political Parties and Publication of Political Parties Accounts Act grants provided pursuant to 2 of this Act shall be conditional on the most recent accounts that the party are obliged to publish under the Private Contributions to Political Parties and Publication of Political Parties Accounts Act having been submitted to the Minister for the Interior and Health and on the accounts containing the information required according to section 3 of the said act. The accounts must be submitted before the end of the calendar year for which a grant is requested. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7b (1))
Do political parties have to report on their finances in relation to election campaigns? No. Absent from legal framework.
Do candidates have to report on their campaign finances? Yes. Parties that have been established for the last general election, or the European Parliament, should be accountable to the national party organization's income and expenses. The accounts must include information on the following sources: 1) Public party funding. 2) The quota income. 3) Additional private grants from private individuals. 4) Interest income. 5) grants from international organizations, collective private associations, professional organizations, trade associations, businesses, foundations and associations. If a party during the year, see. § 4 pcs. 1, from the same private benefactor has received one or more grants which exceed 20,000 kr., Must grant sizzle name and address appear in the accounts. The records shall also contain information about the total size of any anonymous contributions and communicate the amount of any single anonymous contribution of more than 20,000 kr. The accounts must include information on assets and equity. (Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006, Article 3)
Is information in reports from political parties and/​or candidates to be made public? Yes. Parties are to submit a declaration of income and expenditure to the parliament 12 months after the end of the accounting year at the latest.‌ The parliament is then to make the submitted income declarations available to the public (Private Contribution to Political Parties and Publication of the Accounts of Political Parties Law No. 1123 of 24 October 2006, Article 5 )
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. 10b.-(1) Grants pursuant to section 3 shall be provided only to the extent the grant recipient has submitted a declaration to the regional council, stating whether the grant recipient, cf. also subsection (2), in the preceding calendar year from the same private benefactor has received one or more contributions which together exceed DKK 20,000. In such event the benefactor’s name and address must be disclosed. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 10b (1))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. 7b.-(1) For political parties comprised by section 3 of the Private Contributions to Political Parties and Publication of Political Parties Accounts Act grants provided pursuant to 2 of this Act shall be conditional on the most recent accounts that the party are obliged to publish under the Private Contributions to Political Parties and Publication of Political Parties Accounts Act having been submitted to the Minister for the Interior and Health and on the accounts containing the information required according to section 3 of the said act. The accounts must be submitted before the end of the calendar year for which a grant is requested. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7b(1))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Parties are to submit a declaration of income and expenditure to the parliament 12 months after the end of the accounting year at the latest.‌ The parliament is then to make the submitted income declarations available to the public (Private Contribution to Political Parties and Publication of the Accounts of Political Parties Law No. 1123 of 24 October 2006, Article 5)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency Yes. 7c.-(1) In pursuance of section 2 the Auditor General may require directly from the recipient of a grant that he or she hand over the accounting records regarding the grant provided under section 2 for scrutiny, which is considered by the Auditor General to be of importance to the review of the fulfilment of conditions for grants in pursuance of this Act and to the application of the grant being in proper compliance with this Act. Furthermore, except for sections 4, 6(1), 16, 17(3) and 18(2), the review shall be subject to the Public Accounts Audit Act in pursuance of the first sentence. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 7c(1))
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 14a.-(1) Except where a more severe penalty is carried in pursuance of other legislation, any person submitting an incorrect declaration under sections 7(2) and (3), 7a(3), 10(2) and (3), 10a(3), 11b(2) and (3) and 11c(3) shall be punishable by a fine or detention up to four months. (2) Any person submitting incorrect or incomplete disclosure of information under sections 10b or 11d shall be punishable by a fine or detention up to four months. (3) Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14a)
Sanctions for political finance infractions: Loss of public funding Yes. 6a. A person who submits false or incomplete information ($3) shall be punished by a fine or imprisonment for up to 4 months. The same penalty the person making false statement in accordance with § 4, paragraph. 2nd. There may be imposed on party organizations (legal persons) under the rules of the Penal Code Chapter 5. Unless a higher penalty is prescribed under other legislation punishable false declaration under § 7 paragraph. 2 and 3, § 7 a paragraph. 3, § 10 paragraph. 2 and 3, § 10 a paragraph. 3, § 11b paragraph. 2 and 3 and § 11c paragraph. 3, a fine or imprisonment for up to 4 months. A person who submits false or incomplete information in accordance with § 10b or § 11 d, punishable by a fine or imprisonment for up to 4 months. There may be imposed on party organizations (legal persons) under the rules of the Penal Code Chapter 5. (Private Contribution to Political Parties and Publication of the Accounts of Political Parties (2006), Article 6a Grants to Political Parties (2006), Article 14a)
Sanctions for political finance infractions: Penal/Criminal Yes. 14a.-(1) Except where a more severe penalty is carried in pursuance of other legislation, any person submitting an incorrect declaration under sections 7(2) and (3), 7a(3), 10(2) and (3), , 10a(3), 11b(2) and (3) and 11c(3) shall be punishable by a fine or detention up to four months. (2) Any person submitting incorrect or incomplete disclosure of information under sections 10b or 11d shall be punishable by a fine or detention up to four months. (3) Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code. (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14a)
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other Yes. Party organisations (legal persons) may be subject to criminal liability under the rules of Part 5 of the Penal Code (Grants to Political Parties Law No. 1291 of 8 December 2006, Article 14.a.3)

Qualitative data for 2017


Legislation

Grants to Political Parties Law No. 1291 of 8 December 2006 (English)pdf
Radio and Television Broadcasting Law No. 477 of 06 May 2010 (English)pdf
Criminal Code (2005, as amended in 2015) (English)pdf
Private Contribution to Political Parties and Publication of the Accounts of Political Parties 2006 (Danish)pdf

Financial Disclosure

No public official in Denmark is obliged to make any financial disclosure statements. For Ministers and Members of Parliament, however, a voluntary mechanism for disclosing public or private interests exists. Members of the government would publish these declarations on the webpage of the Prime Minister, and Members of Parliament follow the guidelines set down by their party. No such rules exist for Civil Servants. The Code of Conduct for public officials (2007) makes no references to financial disclosure.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items0000
Filing frequency0000
Sanctions0000
Monitoring and Oversight0000
Public access to declarations0000

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers0000
Members of Parliament0000
Civil servants0000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Income and Assets
Real estate No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Movable assets No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Cash No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Loans and Debts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Income from outside employment/assets No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Incompatibilities
Gifts received as a public official No. There is a political agreement between main parties for the disclosure of gifts and expenses of ministers (Political agreement on transparency of ministerial expenses and activities - available at)
Private firm ownership and/or stock holdings No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Ownership of state-owned enterprises (SOEs) No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Holding government contracts No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Board member, advisor, or company officer of private firm No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Post-employment No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Simultaneously holding policy-making position and policy-executing position No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Participating in official decision-making processes that affect private interests No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Concurrent employment of family members in public sector No. On a voluntary basis, ministers may disclose their personal and financial interests on the Prime Minister’s Office website. (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Location(s) of access specified No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)
Cost of access specified No. Voluntary disclosure (Danish Government's website, Section Ministers' personal financial interests - available at http://www.stm.dk/_a_1628.html)

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Income and Assets
Real estate No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Movable assets No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Cash No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Loans and Debts No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Income from outside employment/assets No. Members of Parliament are under no legal obligation to disclose their assets nor subject to any other rules to monitor conflicts of interest. Certain political parties demand that their MPs disclose assets without any formal obligation; the control is exercised by the Parliament Presidium. (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Voluntary disclosure (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Location(s) of access specified No. Voluntary disclosure on Parliaments's website (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )
Cost of access specified No. Voluntary disclosure (European Commision. Annex Denmark to the EU Anti-Corruption Report, p. 4 )

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. A civil servant may have an additional employment insofar as it is compatible with the proper performance of their duties (Aricle 17 Civil Servants Act No. 488 of 6 May 2010 (amended 2016))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Civil Servants Law, 2010, amended 2016 (Danish)pdf

Conflict of Interest

There are no regulations governing conflicts of interests for the Prime Minister, Ministers or Members of Parliament. The Civil Servants’ Act (2004, last amended 2016) does not allow for Civil Servants to pursue a second occupation if this would constitute a conflict of interests. The Finance Minister gives guidance on this matter. No other regulations exist. 


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions5555
Sanctions0000
Monitoring and Oversight12121212

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers0000
Members of Parliament0000
Civil servants23232323

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of State is monarch. Legal provisions do not apply.
Accepting gifts No. Head of State is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of State is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of State is monarch. Legal provisions do not apply.
Holding government contracts No. Head of State is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of State is monarch. Legal provisions do not apply.
Post-employment No. Head of State is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of State is monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of State is monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of State is monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of State is monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of State is monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of State is monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. An official can only have jobs beside his official position, insofar as and to the extent it is consistent with the conscientious exercise of official position related duties and with the necessary post-esteem and confidence. (Article 17 Civil Servants Act (2004, last amended 2016))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. An official can only have jobs beside his official position, insofar as and to the extent it is consistent with the conscientious exercise of official position related duties and with the necessary post-esteem and confidence. (Article 17 Civil Servants Act (2004, last amended 2016))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Fines are not specified for conflict of interest, but rather apply to all forms of misconduct. (Article 22 (1) Civil Servants Act (2004, last amended 2016))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Sanctions are not specified for conflict of interest, but rather apply to all forms of misconduct. (Article 22 (1) Civil Servants Act (2004, last amended 2016))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Sanctions are not specified for conflict of interest, but rather apply to all forms of misconduct. (Article 22 (1) Civil Servants Act (2004, last amended 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Finance Minister to give guidance (Article 19 (3) Civil Servants Act (2004, last amended 2016))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2017


Legislation

Civil Servants Act, 2004, amended 2016 (Danish)pdf

Freedom of Information

Denmark’s access to information regime is established by the Open Government Act No. 606 (2013). All activity exercised by the public administration is covered, but the law only mentions administrative documents. The law also applies to non-listed companies for which more than 75% of the shares are held by the public authorities and companies which are empowered to take decisions on behalf of a public authority.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Criminal Code (2005), and the Act on Processing of Personal Data No. 429 (2000). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner. The Ombudsman’s decisions are non-binding.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage89939393
Information access and release58717171
Exceptions and Overrides67676767
Sanctions for non-compliance0000
Monitoring and Oversight0000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. § 7. Anyone can ask to be made ​​aware of the documents received or created by an authority etc. as part of administrative proceedings relating to its business. PCS. 2. The right of access includes the in §§ 19-35 exceptions mentioned 1) all documents relating to the case in question, and 2) entries in the records, registers and other records related to the case documents. (Section 7, Open Government Act No. 606, 12 June 2013 )
"Information" or "Documents" is defined Yes. § 7. Anyone can ask to be made ​​aware of the documents received or created by an authority etc. as part of administrative proceedings relating to its business. PCS. 2. The right of access includes the in §§ 19-35 exceptions mentioned 1) all documents relating to the case in question, and 2) entries in the records, registers and other records related to the case documents. There are several sections addressing what is not included in the definition of information. (Section 7, Open Government Act No. 606, 12 June 2013 )
Proactive disclosure is specified Yes. Government departments, subordinate agencies and directorates, independent boards, councils and the central government in municipalities and regions must provide information about the authority’s activities on its website. It must also draw up guidelines relating to the what information will be disclosed on the website. (Chapter 3, Section 17 Open Government Act No. 606, 12 June 2013 )

Coverage of public and private sectors

Executive branch Yes. All public administrative authorities are covered by the law. Archives are not however included under the scope. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Legislative branch Yes. All activity exercised by the public administration is covered but the law only mentions administrative documents. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Judicial branch No. The law only covers the public administration. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Other public bodies Yes. All public administrative authorities are covered by the law. (Section 2 and Section 3 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Private sector Yes. The law applies to non-listed companies for which more than 75% of the shares are held by the public authorities and companies which are empowered to take decisions on behalf of a public authority. Companies which are not covered by the above criteria but which carry out functions which are effectively public functions are required to report on their activities to the public authorities and this reports are publicly available under the FOIA. (Sections 4 - 6 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. There should be a public portal containing laws, regulations and draft laws. (Chapter 3 Section 18 Open Government Act No. 606, 12 June 2013 )
Enacted legal instruments Yes. After the monarch has given Royal Assent ror a new law, s/he shall promulgate the law including ensuring publication in the Lovtidende (Law Gazette). There should be a public portal containing laws, regulations and draft laws. (Article 22, Constitutional Act of Denmark 1953 Chapter 3 Section 18 Open Government Act No. 606, 12 June 2013)
Annual budgets Yes. The Constitution requires a Finance Bill covering the state budget for the next fiscal year shall be submitted to the Folketing (parliament) not later than four months before the beginning of such fiscal year. Aside from this, very few aspects of the annual public sector budgeting process are enshrined in law. There is, for example, no organic budget law in place. Provisions normally contained in such an act are specified in the Budget Guidelines Handbook, which is issued by the Ministry of Finance. Budgeting in Denmark takes a top-down approach. Regional and local budgeting is governed by an Order from the Ministry of Justice. As the Executive is covered by the FOIA, budgeting information should be available from the individual public bodies. (Article 45, Constitutional Act of Denmark 1953 Annual Finance Acts Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Annual chart of accounts (actual expenditures) Yes. The Public Accounts must be submitted to the Folketing (parliament) not later than six months after the end of the fiscal year. The Auditor General's report to the Public Accounts Committee on state accounts and the accounts of bodies funded by the state becomes public the day after presentation to the Committee. As the Executive is covered by the FOIA, accounts should be available from the individual public bodies. (Article 47, Constitutional Act of Denmark 1953 Section 18(b)(2) Auditor General Act on Audit of State Accounts 1997 Section 1 State Accounting Law No. 131, 28 March 1984 Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Annual reports of public entities and programs Yes. As the Executive is covered by the FOIA, annual reports information should be available from the individual public bodies. (Chapter 1 Section 2 Open Government Act No. 606, 12 June 2013 Section 1(2) Public Administration Restatement Act No. 433, 2012, amended 2013)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Any person may ask to see the documents under the Access to Public Administration Files Act and any person party to a matter in which a decision has been or will be made by an administration authority can ask to be apprised of the documents involved. (Chapter 2 Section 7 Open Government Act No. 606, 12 June 2013 Part 4 Section 9(1) Public Administration Act No. 571, 19 December 1985)
Type of request is specified (written, electronic, oral) No. Absent from legal framework
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. Under the Public Administration Act, an administrative authority must, to the extent necessary, guide and assist individuals submitting inquiries falling within the scope of activities of the authority.  (Section 7 Public Administration Act No. 571, 19 December 1985)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. The Minister of Justice sets rules on payment for the provision of documents and the disclosure of a compilation of data or a data description. Can't find a Ministry of Justice Order setting out fees (Section 40(2)(3) Open Government Act No. 606 12 June 2013 Section 16(6) Public Administration Restatement Act No. 433, 2012, amended 2013)

Deadlines for release of information

20-day response deadline Yes. Where a request for information has not been fulfilled or rejected within seven working days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. (Section 36(2) Open Government Act No. 606 12 June 2013 Section 16(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Agency granted right to extend response time Yes. Where a request for information has not been fulfilled or rejected within seven working days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. (Section 36(2) Open Government Act No. 606 12 June 2013 Section 16(2) Public Administration Restatement Act No. 433, 2012, amended 2013)
Maximum total response time of no more than 40 days No. Where a request for information has not been fulfilled or rejected within seven days of its receipt by the authority concerned, that authority shall inform the person requesting disclosure of the reason why and of the date when a decision may be expected to be forthcoming. No upper limit on the response time is set. (Section 36(2) Open Government Act No. 606 12 June 2013 Section 16(2) Public Administration Restatement Act No. 433, 2012, amended 2013)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Section 152 of the Criminal Code regulates state secrets. (Section 152 Criminal Code 2005, amended 2016)
Existence of personal privacy/data law Yes. Although not comprehensively regulated in the Constitution the right to privacy is protected in the Criminal Code which demonstrates the importance attached to privacy protection in law. The Act on Processing of Personal Data prohibits the processing of personal data except for the circumstances and purposes set out within the law. (Section 152(d)(2), Section 260, Section 263, Section 264(3) and Section 281 Criminal Code 2005, amended 2016 Act on Processing of Personal Data No. 429 2000, amended 2013 )
Specific exemptions to disclosure Yes. The right of access to administration files shall in a wide range of circumstances including: an authority’s internal case material (until finalised, in certain circumstances; ministers’ calendars, internal documents and information exchanged at a time where there is a concrete reason to believe that a minister has or will have a need for civil service advice and assistance, records of meetings of the Council of State, meetings of ministers; preparatory documents regarding proposed legislation, proposals for adoption by the EC; correspondence between authorities and outside experts for use in court proceedings or in deliberations on possible legal proceedings; material gathered for public statistics or scientific research; personal data and information on the private circumstances of individual persons including their finances. Information may also be withheld in the interests of: state security; state secrecy; professional secrecy; foreign policy; external economic interests; international relations; law enforcement; implementation of public supervision of measures planned under taxation law; protection of public financial interests. (Chapter 4, Sections 19 – 35 Open Government Act No. 606, 12 June 2013 Sections 15 - 15(c) Public Administration Restatement Act No. 433, 2012, amended 2013 Section 152 Criminal Code 2005, amended 2016 Section 6(1) and Section 6(2) Act on the Processing of Personal Data No. 429, 2000, amended 2013)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. Administrative appeals can be made against decisions in respect of requests for access to documents. The appeal is made directly to the administrative body to which the request was made. Under the Public Administration Act, any decision from which appeal would be made to another administration authority shall be informed where to appeal and informed of the procedure for lodging of appeal, including any time limit for so doing. (Chapter 5 Section 37(2) Open Government Act No. 606, 12 June 2013 Section 15(4) Public Administration Restatement Act No. 433, 2012, amended 2013)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. The only independent non-judicial appeals mechanism is to the Ombudsman who issues non-binding recommendations.
Judicial appeals mechanism Yes. Under the Public Administration Act, any decision from which appeal lies exclusively to the courts of law, subject to a statutory time limit for institution of appeal proceedings, shall be accompanied by information to that effect. It is not necessary for the complainant to exhaust the administrative appeal before appealing to the court. (Section 26 Public Administration Restatement Act No. 433, 2012, amended 2013)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Open Government Act No. 606, 12 June 2013 (Danish)pdf
Public Administration Restatement Act No. 433, 2012, amended 2013 (Danish)pdf
Constitutional Act of Denmark 1953 (English)pdf
Auditor General Act on Audit of State Accounts 1997 (English)pdf
State Accounting Law No. 131, 28 March 1984 (Danish)pdf
Criminal Code 2005, amended 2016 (Danish)pdf
Act on Processing of Personal Data No. 429 2000, amended 2013 (Danish)pdf

Public Procurement

The Danish public procurement system is regulated by the Danish Public Procurement Act. The public procurement body is the Competition and Consumer Authority, which is an organization under the Business and Growth Ministry.

The lowest minimum thresholds for conducting a public procurement tender are:

         DKK 500,000 for goods (EUR 70,000)

         DKK 300,000 for works (EUR 40,000)

         DKK 500,000 for services (EUR 70,000)

The minimum number of bidders is 3 for open procedures, restricted procedures and negotiated procedures and there is no minimum in case of framework agreements. The minimum submission period is 35 days for open procedures, 30 days restricted procedures and 30 days negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no explicit preferential treatment, but contracting authorities can choose the most environmentally sustainable offer according to award criteria and take SME into consideration. There are a few cases for bid exclusion: in case of possible inability to carry out the project with satisfactory quality, in a responsive, responsible and timely manner, the provider can reject bidders. Bids can be also excluded because of abnormally low bid prices. In the case of having MEAT (‘most economically advantageous tender’ criteria), only the best 3 or fewer bids are considered.

In the bid evaluation phase, there no is a separate conflict of interest regulation on the composition of the evaluation committee and no form of independence of the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure of DKK 10,000- 20,000, depending on the size of the contract. Court decisions are publicly released online.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope737177
Information availability6668
Evaluation626256
Open competition505075
Institutional arrangements363636

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) DKK 500000. Simplified procurement procedure applies from DKK 500.000. Detailed rules procurement procedures apply from DKK 1.006.628 (state authorities) and DKK 1.558.409 (regional or local authorities and bodies governed by public law). (The Public Procurement Act, section 6 (1) (2-3), section 191 (1) and section 193, cf. section 11. )
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) DKK 300000 . Simplified procurement procedure applies from DKK 300.000. Detailed procurement procedures apply from DKK 38.960.213. (The Public Procurement Act, section 6 (1) (1). The Danish Act 892 on Tendering Procedures for Work Contracts.)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) DKK 500000. Simplified procurement procedure applies from DKK 500.000. Detailed rules procurement procedures apply from DKK 1.006.628 (state authorities) and DKK 1.558.409 (regional or local authorities and bodies governed by public law). (The Public Procurement Act, section 6 (1) (2-3), section 191 (1) and section 193, cf. section 11. )

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) DKK 1006628. DKK 1.006.628 (state authorities) and DKK 1.558.409 (regional or local authorities and bodies governed by public law) for services and goods and DKK 38.960.213 for works. (The Public Procurement Act, section 6 (1) (2-3))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) DKK 3116817. For services and goods the threshold is DKK 3.116.817. The threshold for works is DKK 38.960.213. (The Utilities Directive 2014/25/EC art. 15 a) and art. 15 b), cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive.)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) DKK 3116817. For services and goods the threshold is DKK 3.116.817. The threshold for works is DKK 38.960.213. (The Defence and Security Directive 2009/81/EC art. 8 a) and art. 8 b), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) DKK 500000. Simplified procurement procedure applies from DKK 500.000. Detailed procedures apply from DKK 1.006.628 (state) and DKK 1.558.409 (regional or local). (The Public Procurement Act, section 18 (2) and section 193, cf. Section 11.)
What are the minimum application thresholds for the procurement type? (Product type WORKS) DKK 300000 . Simplified procurement procedure applies from DKK 300.000. Detailed procurement procedures apply from DKK 38.960.213. (The Public Procurement Act, section 6 (1) (1). The Danish Act on Tendering Procedures for Work Contracts section 12 (4).)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) DKK 500000. Simplified procurement procedure applies from DKK 500.000. Detailed procedures apply from DKK 1.006.628 (state) and DKK 1.558.409 (regional or local). (The Public Procurement Act, section 18 (2) and section 193, cf. Section 11.)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. Public and utilities: A contracting authority shall provide free, direct and full electronic access to the procurement documents from the date of publication of the contract notice to the Official Journal of the European Union. However, cf. (2). The contracting authority shall state the electronic address at which access to the procurement documents is granted in the contract notice. (2) Based on the specific nature of the procurement documents or owing to confidentiality, cf. section 5(2), the contracting authority may omit to provide free, direct and full electronic access to certain elements of the procurement documents. In these situations, the contracting authority shall state where and how access can be obtained for these elements of the procurement documents. (The Public Procurement Act, section 132)
Are any of these documents published online at a central place? Yes. All public tenders are published on www.udbud.dk and ted.europa.eu. However, access to the individual tender's documents are accessible via a website of the contracting authority's own choice. (<>)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system)Is it mandatory to keep all of these records? No. It is mandatory to keep a bid evaluation report. The documentation shall be kept throughout the term of the contract and minimum 3 years of the date of award of the contract. Overall it is mandatory to keep a tender report documenting the overall process of a completed tender. (Evaluation report: Judgement of The Danish Complaint Board for Public Procurement of 12 February 2007 - Dansk Hřreteknik A/S mod Křbenhavns Kommune. Tender report: The Public Procurement Act, section 174.)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. There is no obligation to publish individual contract notices for each contract awarded under a framework agreement. It is optional. (The Public Procurement Act, section 129 (3). The Danish Act on Implementation of The Utilities Directive 2014/25/EC, section 12. The Defence and Security Directive 2009/81/EC art. 30 (3), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. A contracting authority may require that the candidate or tenderer provides documentation of its technical and professional ability; e.g. by a statement of the proportion of the contract which the candidate or tenderer intends to subcontract. At the same time a contracting authority can choose to demand (in the contract notice) that information about which parts of the contract that will performed by subcontractors are provided by the tenderer (optional). In relation to works contracts the supplier is obligated, at the time signing the contract, to give information about subcontractors. (The Public Procurement Act, section 155 (11) The Public Procurement Act, section 177 (1) and section 177 (2). The Utilities Directive 2014/25/EC art. 88 (2), cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Danish Act on Implementing The Defence Directive 2009/81/EC section 3-8.)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? If a contracting authority chooses to demand information, as mentioned above, the supplier should give information of all subcontracting, no matter the percentage of the contract value (The Public Procurement Act, section 177 (1). The Utilities Directive 2014/25/EC art. 88 (2), cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Danish Act on Implementation of The Defence Directive 2009/81/EC section 3-8. )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. In the technical specifications, a contracting authority may not (1) Indicate a specific brand, origin or manufacturing process characterising the products or services supplied by a specific economic operator in the technical specifications, cf. section 40, or (2) refer to a specific brand or patent or a specific type, origin or manufacture with the effect of favouring or eliminating certain economic operators or supplies. (3) However, in duly justified cases, a contracting authority may use references as stated in (1) where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to section 41(1) is not possible. Such a reference shall be followed by the expression "or similar". (The Public Procurement Act, section 42. The Utilities Directive 2014/25/EC art. 60 (4), cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Defence and Security Directive 2009/81/EC art. 18 (8), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. Public and utilities: (1) Where a contracting authority does not divide a contract into lots, the contracting authority shall state the grounds hereof in the procurement documents, (2) The contracting authority may make requirements in regard to the turnover of candidates or tenderers. However, the contracting authority may not require that the minimum annual turnover of a candidate or tenderer is higher than twice the estimated contract value, except in cases when the works, services or supplies are subject to special risks. The contracting authority shall provide grounds for such a requirement in the procurement documents. Defence: In order to encourage the involvement of small and medium-sized undertakings in the public contracts procurement market, contracting authorities are advised to include provisions on subcontracting. (The Public Procurement Act, sections 49 (2) and 142 (2). The Danish Act on Implementation of The Utilities Directive 2014/25/EC, section 4, cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Defence and Security Directive 2009/81/EC preamble 40, cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. A contracting authority may not treat Danish economic operators or services less favourably than foreign economic operators and services. (2) A contracting authority may not treat economic operators or services from member states of the European Union or the European Economic Area less favourably than Danish economic operators and services. (3) Subsection 2 shall also apply to economic operators and services from other countries than those stated in subsection 2 to the extent this is a result of duties incumbent on Denmark or the European Union. (The Public Procurement Act, section 3. The Utilities Directive 2014/25/EC art. 93, cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Defence and Security Directive 2009/81/EC art. 4, cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Is there a specific set of rules for green/sustainable procurement? Yes. Public: Contracting authorities can exclude tenderers on the basis of a breach of environmental obligations. As an award criteria contracting authorities can award the contract on basis of an LCC on effects on the environment. Public, utilities and defence: Contracting authorities can oblige suppliers to comply with certain environmental management standards. During the performance of the contract contracting authorities can make it a contractual obligation that suppliers comply with environmental legislation etc. (The Public Procurement Act, sections 137 (1), 157, 166 (2), 168 and 176. The Utilities Directive 2014/25/EC, article 81, cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Defence and Security Directive 2009/81/EC, articles 24 and 44, cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. A contracting authority can only exclude on the basis of the grounds set out in the Public Procurement Act. (The Public Procurement Act, section 135-137 and Judgment of the Court of 17 November 1993 - Commission of the European Communities v Kingdom of Spain. The Danish Act on Implementation of The Utilities Directive 2014/25/EC, section 10 (1), cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Danish Act on Implementation of The Defence Directive 2009/81/EC section 9, cf. The Defence and Security Directive 2009/81/EC art. 39 (1).)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. Exclusion is based on the merits set out in the tender documents. ( )
Is scoring criteria published? Yes. Public and utilities: Yes. A contracting authority shall state the award criteria, describe the evaluation method and describe the elements of importance in the evaluation of the tender in the procurement documents. (2) A method of evaluation described in the procurement documents in accordance with (1) may not be disregarded by boards of appeals and courts provided it is transparent and observes the principle of equal treatment. Defence: Scoring criteria is published, but there is no obligation to publish evaluation method, cf. ECJ C-6/15 TNS Dimarso NV mod Vlaams Gewest. (The Public Procurement Act, section 160. The Danish Act on Implementation of The Utilities Directive 2014/25/EC, section 12. The Defence and Security Directive 2009/81/EC art. 47, cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Are decisions always made by a committee? No. ( )
Are there regulations on evaluation committee composition to prevent conflict of interest? No. ( )
Is some part of evaluation committee mandatorily independent of contracting authority? No. ( )
Are scoring results publicly available? No. ( )
Does the law specify under which conditions the tender can be cancelled? No. There are no specific sections governing the conditions under which a tender can be cancelled. However, certain sections do regulate the contracting authority's behaviour if a tender is cancelled. A contracting authority can only cancel a tender if the cancellation is fair and in accordance with the principles set out in Section 2. (The Public Procurement Act, section 171 and 174. Practice of The Danish Board of Complaints and The EU Court of Justice.)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (the Official Journal of the European Union 2014, No. L 94, page 65). All Danish tenders and call for bids are published on www.udbud.dk (The Public Procurement Act, section 128. The Utilities Directive 2014/25/EC art. 71, cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Defence and Security Directive 2009/81/EC art. 32, cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Does the law specify the location for publicizing restricted calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (the Official Journal of the European Union 2014, No. L 94, page 65). All Danish tenders and call for bids are published on www.udbud.dk (The Public Procurement Act, section 128. The Defence and Security Directive 2009/81/EC art. 38 (3), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (the Official Journal of the European Union 2014, No. L 94, page 65). All Danish tenders and call for bids are published on www.udbud.dk (The Public Procurement Act, section 128. The Defence and Security Directive 2009/81/EC art. 38 (3), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. A contracting authority shall select minimum five candidates which will be invited to submit tenders. Where the number of candidates is lower than five, the contracting authority may invite one or more candidates which fulfil the fixed minimum requirements for suitability. Defence: 3 is the minimum. (The Public Procurement Act, section 59 (4). The Defence and Security Directive 2009/81/EC art. 38 (3), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
What is the minimum number of bidders for negotiated procedures? 3. A contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less than three requests for participation, the contracting authority may invite one or more candidates which fulfil the fixed minimum requirements for suitability. Defence: 3 is the minimum. (The Public Procurement Act, section 64. The Defence and Security Directive 2009/81/EC art. 38 (3), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
What is the minimum number of bidders for competitive dialogue procedures? 3. A contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less than three requests for participation, the contracting authority may invite one or more candidates which fulfil the fixed minimum requirements for suitability. Defence: 3 is the minimum. (The Public Procurement Act, section 69. The Defence and Security Directive 2009/81/EC art. 38 (3), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)

Bidding period length

What are the minimum number of days for open procedures? 35. The time limit shall be minimum 35 days from the day following the date the contract notice is sent. However, in cases where the contracting authority has used a prior information notice, the minimum time limit shall be 15 days. (The Public Procurement Act, section 57.)
What are the minimum number of days for restricted procedures? 30. Public: The time limit shall be minimum 30 days from the day following the date the contract notice is sent. If, owing to urgent need of the contracting authority, the time limit stipulated in (2) cannot be observed, the contracting authority may set at time limit for receipt of requests for participation minimum 15 days from the day following the date the contract notice is sent. Defence: The minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. The minimum time limit for the receipt of tenders shall be 40 days from the date on which the invitation is sent. (The Public Procurement Act, section 59. The Defence and Security Directive 2009/81/EC art. 33 (2), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
What are the minimum number of days for competitive negotiated procedures? 30. Public: The time limit shall be minimum 30 days from the day following the date the contract notice is sent. Defence: The minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. Contracting authorities must establish adequate time limit for the receipt of tender. (The Public Procurement Act, section 63 (2) and 68 (5). The Defence and Security Directive 2009/81/EC art. 33 (2), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The following are excluded from applying the Public Procurement Act: (1) Public contracts between entities within the public sector, (2) Contracts awarded on the basis of an exclusive right, (3) Contracts, etc. relating to utilities, (4) Contracts, etc. relating to electronic communication, (5) Contracts, etc. organised pursuant to international rules, (6) Some specific service contracts, (7) Services related to research and development and (8) Defence and security. Defence: The following are excluded from applying to the Directive 2009/81/EC: (1) contracts for which the application would oblige a Member State to supply information the disclosure of which it considers contrary to the essential interests of its security, (2) contracts for the purpose of intelligence activities, (3) R&D cooperative programmes between member states, (4) contracts awarded in third countries by deployed forces, (5) service contracts for the acquisition or rental of land, existing building or other immovable property or concerning rights in respect thereof and (6) Government-to-Government contracts, (7) Arbitration and conciliation services, (8) Financial services, with the exception of insurance services, (9) Employment contracts and (10) Research and development services other than those where the benefits accrue exclusively to the contracting authority/entity for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority/entity. (The Public Procurement Act, sections 12-23. The Defence and Security Directive 2009/81/EC art. 13, cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The Act is applicable for contracting authorities. The term is defined as: State, regional or local authorities, bodies governed by public law and associations of one or more of those authorities or of one or more of such bodies governed by public law. (The Public Procurement Act, section 24 (28). The Utilities Directive 2014/25/EC art. 3 (1), cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Defence and Security Directive 2009/81/EC art. 1 (9), cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Does the law specify the main procedure types or procurement methods permitted? Yes. Procurement procedures shall be performed according to one of the procedures stated in Act and Directives. (The Public Procurement Act, sections 55-94 and 95-118. The Utilities Directive 2014/25/EC articles 44-50, cf. The Danish Act no.1624 of 15 December 2015 on Imlementing The Utilities Directive The Defence and Security Directive 2009/81/EC, articles 25-28, cf. The Danish Act no. 892 of 17 August 2011 on Implementing The Defence and Security Directive.)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. "Arbitration court" in the case is defined as the Danish Complaints Board for Public Procurement - an independent administrative board of professional judges set up for hearing and settling procurement disputes. Board decisions can be brought before the civil courts. (The Act on the Danish Complaints Board for Public Procurement, section 1 (2).)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Danish Competition and Consumer Authority (http://www.en.kfst.dk/) ( )
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. ( )
Is disclosure of final, beneficial owners required for placing a bid? No. The disclosure of a tenderers legal form is required for placing bids and information regarding e.g. board members are required to ensure the grounds of exclusion. Information about owner e.g. stakeholders is not required, but information about management, board of directors and board members is required. ( The Public Procurement Act, section 135. )

Complaints

Is there a fee for arbitration procedure? Yes. The fee is DKK 20.000 for procurements in accordance with Title 1, 2, 3 of the Public Procurement Act and after the Utilities, Defence or Concession directives. The fee is DKK 10.000 for procurements in accordance with Title 4 of the Public Procurement Act and The Danish Act 892 on Tendering Procedures for Work Contracts. (Executive Order no. 887 of 11 August 2011 on The Danish Complaints Board for Public Procurement, section 5 (3) and (4).)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. If a stay of proceeding is granted by the Board, the contracting authority is banned from contract signature. In cases where the complaint was submitted during the standstill period (10 days after giving notice of the award), a stay of proceeding is automatically claimed for 30 days. In cases where the complaint was not submitted during the standstill period, the complainant shall also state if a stay of proceeding is claimed. If the Board does not rule in favour of the claimant (on the subject of a stay of proceeding), and the claimant wishes to continue the trial (i.e. in a situation where multiple claims have been made) there is not a ban on contract signature. Notice however Section 185 (2) of the Public Procurement Act, where after an award decision that has been cancelled by final decision or judgement, shall be terminated by the contracting authority subject to suitable notice unless special conditions exist which warrant the continuation of the contact. (The Act on the Danish Complaints Board for Public Procurement, sections 3 and 12. The Danish Public Procurement Act, section 185 (2))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? There is no maximum: The Board's processing varies according to the procurement in questions complexity and scope. In 2015 the average processing time was 4 months. ( )
Is there a requirement to publicly release arbitration court decisions ? Yes. The Board publicly discloses all its decisions on the following website: https://erhvervsstyrelsen.dk/klagenaevnet-udbuds-kendelser (Executive Order no. 887 of 11 August 2011 on The Danish Complaints Board for Public Procurement, section 11. )

Qualitative data for 2017


Legislation

Law 712 of 15 June 2011 implementing Directive 2004/18/EC (Danish)pdf
Law 1410 of 7 December 2007 (Danish)pdf
Law 892 of 17 August 2011 implementing Directive 2009/81/EC (Danish)pdf
Law 936 of 16 September 2004 implementing Direcctive 2004/17/EC (Danish)pdf
Law 1624 of 15 December 2014 implementing Directive 2014/25/EC (Danish)pdf
Public Procurement Act no 1564 of 2015 (English)pdf