1. Christian Thorning Ambassador of Denmark to Croatia @DKAmbCroatia
Royal Danish Embassy, Zagreb
Christian Thorning
Ambassador of Denmark to Croatia
@DKAmbCroatia

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Royal Danish Embassy, Zagreb
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Promoting Member States interests @ THE Court of justice of the European Union (CJEU)
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3. Royal Danish Embassy, Zagreb
The Danish example

4. The Danish example FIRST STEP Receiving cases from the CJEU
Royal Danish Embassy, Zagreb
The Danish example
FIRST STEP
Receiving cases from the CJEU
Referals for preliminary rulings
Direct actions

5. Danish EU Decision-making Procedure
Royal Danish Embassy, Zagreb
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The Danish example
SECOND STEP
Danish EU Decision-making Procedure
The EU Committee/Government
LINE MINISTRY
EU Legal Special Committee
Parliament’s European Affairs Committee
Line Ministry
Line Ministry
EU Legal Special Committee
EU Legal Special Committee
The EU Committee/Government
The EU Committee/Government
Parliament’s European Affairs Committee
Published online
The relevant line ministry is responsible for following cases within their purview and responsible for initiating the EU decision-making procedure – must carry out an internal approval within the ministry and must ensure the approval of the minister
Before the procedure is initiated, the line ministry will draft two sets of papers; one for the Government and one for the Parliament
Once a decision to act has been taken the government paper represents the political mandate and the end of the political process – now it is a legal exercise by government officials
The EU Comitteee/government – the Government as a collegiate is taken into ”oath”.
The historical view on the procedure. The procedure dates back to the Market Committe procedure (1973) – an ad hoc procedure- not required by the Danish Constitution(1953), which did not forsee the EU
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6. Litigation delegation
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The Danish example
THIRD STEP
Litigation delegation
”Delegation” – not the knights of the Round Table!
The Ministry of Foreign Affairs chairs the litigation delegation consituting of government officials. The work of the delegation is based on a government mandate (power of attorney)
At the meeting: Legal documents, the Treaty, COFFEE!
The MFA Plans the work in the delegation which involves a lot of coordination
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7. Preparing The Written Observations
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The Danish example
Preparing The Written Observations
COOPERATION WITH OTHER MEMBER STATES AND INSTITUTIONS
The primary product of the litigation delegation is the written observations.
Coordination might also involve cooperation with other Member States and institutions, e.g. ad hoc coordination, meetings regarding specific cases, semi-annual agent meetings
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8. Preparing The Written Observations
Royal Danish Embassy, Zagreb
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The Danish example
Preparing The Written Observations
The primary product of the litigation delegation is the written observations.
Coordination might also involve cooperation with other Member States and institutions, e.g. ad hoc coordination, meetings regarding specific cases, semi-annual agent meetings
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UDENRIGSMINISTERIET, MINISTRY OF FOREIGN AFFAIRS OF DENMARK
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The Danish example
cLOSING The Written STAGE
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Royal Danish Embassy, Zagreb
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The Danish example
the oral stage
APPLYING FOR AN ORAL HEARING
TALKING POINTS
PREPARED RESPONSES
Preparing the oral pleading involves preparation of the same steps as shown in the previous slides regarding the preparation of the written observations
The preparation involves the same group of government officials- no distinction between barristors and solicitors. However, the oral pleading is not by nature similair to the written pleading (different legal exercise). There is great emphasis on retoric and presentation is crucial.
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Royal Danish Embassy, Zagreb
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The Danish example
Oral hearing
Be aware of:
Language
Interpreters
The procedure (observe time limit)
Has the topic been covered by the written observations?
Any questions from the court?
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12. Awaiting the judgement
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The Danish example
Awaiting the judgement
PREPARING FOR THE OUTCOME FROM LUXEMBORG
THE LEGISLATIVE AND POLITICAL CONSEQUENCES OF THE JUDGEMENT ARE DEALT WITH BY THE RESPONSIBLE LINE MINISTRY OR AGENCY
The relevant line minister’s oral notfication of the Parliament’s EU committee before the judgement in a significant case
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The Danish example
Consequences
WINS AND LOSSES
9/19
2/19
2016
Zero stars
6/19
Final steps:
The judgement is communicated to line ministries or agencies following the case
”Star system”(inspired by NL colleagues)
In 2016 – 19 cases with involvement by the Danish Government – 35 observations (written and oral)
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Royal Danish Embassy, Zagreb
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The Danish example
Average yearly notifications from the Court: Cases of interest to Denmark (Spring 2017): 630
Average yearly number of notifications from the CJEU (incl. the General Court): 1860
The term ”notifications” covers all service of procedural documents from the CJEU e.g. written observations, notification on the composition of the court, time limit for request for an oral hearing, opinions of Advocat Generals, notifaction of judgements etc.
In the internal Danish CJEU-structure there are three ways in which a case can be followed:
Orientation: Orientation of the opinion of the Advocate General and the judgement
Follow-up: The case is followed closely, but no decision to act has been taken in the Government
Litigation cases: Active involvement. The Government has decided to submit observations.
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15. Member states impact on the court
Royal Danish Embassy, Zagreb
Member states impact on the court
Concluding remarks
Is the Court interested in Member States views?
Small Member States vs bigger Member States
The power of argument

16. Further studies of Denmark in CJEU
UDENRIGSMINISTERIET, MINISTRY OF FOREIGN AFFAIRS OF DENMARK
Further studies of Denmark in CJEU
Available at DJØF’s publishing company Link