The Court of Impeachment of the Realm (also called the High Court of the Realm[1] or simply the Court of Impeachment[2]) (Danish: Rigsretten) is a special court of the Kingdom of Denmark, that the Danish Parliament (Danish: Folketinget) can assemble, to hear and deliver judgments against ministers accused of unlawful misconduct and maladministration of office.[3] According to the wording of the Constitutional Act, the Sovereign of Denmark can also demand that Ministers be impeached and brought before the Court of Impeachment. However, in practice only Government has this right.[4]
The Court consists of up to 15 Supreme Court judges appointed on seniority, as well as 15 members appointed by the Folketing's parties from outside the Parliament. These members shall be appointed for a period of 6 years.[3]
The Court of Impeachment was established by the Danish Constitution in 1849. The Court of Impeachment differs from the ordinary courts (see Courts of Denmark) in its particular composition and in that indictments, unlike in ordinary criminal proceedings, aren't arisen by the Danish Prosecution Service but by the Folketing or the Monarch.[5] The Court of Impeachment can only hear cases relating to a minister's tenure – if charges are to be brought against a minister for other forms of crime, the indictment must be brought in the ordinary courts. While the Danish Constitution allows the Court of Impeachment to deal with such cases, it has never been used.[3]
In the interests of confidence in the party-political independence and impartiality of the judges of the Court of Impeachment, it may be problematic that the non-judicial judges of the Court of Impeachment are chosen by party-political politicians of the Danish Parliament. Historical experience shows that politically appointed members of the Court of Impeachment have tended to judge according to the party-card.[6] Several members of the Court of Impeachment are former members of parliament.
Since the Court of Impeachment was instituted in 1849, six cases have been brought before the Court, but only three Ministers have been found guilty. In 1910, the former Minister for the InteriorSigurd Berg [da], was ordered to pay a fine for negligence in his supervision of The Zealand Farmers’ Savings Bank (Danish: Den Sjællandske Bondestands Sparekasse) (the Alberti case). In 1995, the former Minister for JusticeErik Ninn-Hansen, was given a suspended sentence of four months imprisonment for having prevented Tamil refugees from bringing their families to Denmark (the Tamil Case).[4] In 2022, the former Minister for Immigration and IntegrationInger Støjberg, was sentenced to 60 days in prison for illegal separation of couples in refugee centres.[7]
Current members of the Court of Impeachment
The Court consists of up to 15 Supreme Court judges appointed on seniority, as well as 15 members (from outside the Parliament) appointed by the Folketing's parties.[8] These members are appointed for a period of 6 years.[3]
Since the Court of Impeachment was instituted in 1849, six cases have been brought before the Court:
Impeachment trial of 1856 – Acquitted
Prime MinisterAnders Sandøe Ørsted and his government were put before the Court of Impeachment for spending extra money on the military during the Crimean War, when the Baltic Sea became an important bastion. The accusation was that Rigsdagen had approved it. Ørsted and the government were acquitted.[10]
The Minister for FinanceAndreas Frederik Krieger was acquitted in the Court of Impeachment over the sale of the Frederik's Church area and grounds. The financier C.F. Tietgen had bought it too cheaply, the indictment said - and then the deal had been struck without Rigsdagen approving the sale.[10]
Second impeachment trial of 1877 – Acquitted
Massive budget overruns in the construction of the Royal Danish Theatre were the reason why Prime Minister Carl Christian Hall and Minister for CultureJens Jacob Asmussen Worsaae were put before the Court of Impeachment. The construction ended up being much more expensive than expected, but both Hall and Worsaae were acquitted in the Court of Impeachment.[10]
^ abHolst, Emma Qvirin (2021-01-06). "Hvad er Rigsretten? Medlemsoversigt" [What is the Danish Court of Impeachment? Member Overview]. Altinget.dk. Archived from the original on 2021-01-06. Retrieved 2021-01-11.
^"Rigsrettens sammensætning" [Current composition of the Court of Impeachment of the Realm]. Folketinget (in Danish). 28 April 2016. Archived from the original on 2017-06-12. Retrieved 2021-01-11.
