To Hold a Referendum or Not?

Abstract:

As European leaders were discussing the establishment of a European banking union, a groundbreaking case with potential implications for Denmark's membership of the European Union was decided by the Danish Supreme Court on 20 February 2013. The ruling of the Supreme Court did not receive a lot of attention at national or European level, most likely because the Supreme Court reaffirmed the Danish legislature's longstanding understanding of the Constitution (Grundloven) in relation to Denmark's membership of the EU. The Supreme Court did, however, point its finger at the Danish Parliament (Folketinget) and Government, implying that future developments in the EU legal framework will be subjected to a stricter judicial scrutiny by the Danish courts.