Content area
Full Text
European Community-Maastricht Treaty-delegation of power to international organizations under Danish Constitution-right to democracy-power of Danish courts to review acts by Community organs
DECISION CONCERNING THE MAASTRICHT TREATY. 1998 Ugeskrift for Retsvaesen, H 800. Supreme Court of Denmark, April 6, 1998.
In this case the Danish Supreme Court decided that the ratification and the incorporation into Danish law of the Maastricht Treaty creating the European Union are consistent with the Danish Constitution of 1953. It also reserved the right for Danish courts to review Community decisions for consistency with the Act on Denmark's accession to the EC Treaty. This decision1 is of vital importance to Denmark's relationship to the European Community (EC) and to the claims of direct effect and priority of EC law over national constitutions.2
The case arose following the second Danish referendum on ratification of the Maastricht Treaty. In the first referendum, a slim majority voted no. After negotiations with the other EC countries, Denmark was granted the option of making certain reservations pursuant to the so-called Edinburgh agreement. In 1993 the Maastricht Treaty (including the Edinburgh agreement) obtained the requisite majority of five-sixths in the Folketing (parliament). The Government nevertheless decided for political reasons to hold a new referendum on the Maastricht Treaty. In this referendum, a majority of the voters said yes. The Danish Government subsequently ratified the Treaty, which was then incorporated into Danish law.3
The plaintiffs based their challenge to the accession on two main points. First, they argued that the requirement for detailed specification of powers transferred to international authorities had not been fulfilled when Denmark ratified the Maastricht Treaty. Second, they argued that the extent of sovereignty transferred under Denmark's Act of Accession to the EC Treaty violated the principle of democracy, which is implied in the Danish Constitution.4
The Supreme Court identified the issue before it as whether the implementation in Denmark of the Treaty Establishing the European Community as framed in the Treaty Establishing the European Union was lawfully done in pursuance of section 20 of the Danish Constitution or, alternatively, whether such implementation required an amendment of the Constitution pursuant to section 88 thereof.5
Section 20 of the Danish Constitution allows the delegation of authority to international organizations, but the delegated authority must be...