The Ajos case and the Danish approach to international law

Abstract:

In December 2016, the Danish Supreme Court rendered a judgment on the relationship between Danish law and EU law, which has attracted much attention. The Supreme Court ruled that it was not possible to allow the general principle of EU law prohibiting discrimination on grounds of age to take precedence over national law as required in a ruling by the Court of Justice of the European Union (CJEU).

The case – commonly referred to as the Ajos case – is one of the few examples of an evident clash between Danish national law and EU law. However, the Ajos case did not come as a complete surprise. In recent years, the Danish Supreme Court has delivered a number of judgments clarifying the status of international law and EU law in Denmark.

The aim of this report is to outline the Danish Supreme Court’s approach to international law and EU law and the underlying constitutional considerations.