Danish European Union opt-out referendum, 2015

Last updated
Danish European Union opt-out referendum
Thursday 3 December 2015
Proposed Law to change the justice opt-out to a case-by-case opt-in. [n 1] [1]
Results
Votes%
Yes check.svg Yes1,375,86246.89%
X mark.svg No1,558,43753.11%
Valid votes2,934,29998.13%
Invalid or blank votes55,9621.87%
Total votes2,990,261100.00%
Registered voters/turnout4,153,04172%
Source: Statistics Denmark [2]
Election posters in Copenhagen Election posters at Trianglen.JPG
Election posters in Copenhagen

A referendum on one of the country's opt-outs from the European Union was held in Denmark on 3 December 2015. Specifically, the referendum was on whether to convert Denmark's current full opt-out on home and justice matters into an opt-out with case-by-case opt-in similar to that currently held by Ireland and the United Kingdom. Approval of the referendum was needed for Denmark to remain in Europol under the new rules. However, it was rejected by 53% of voters.

Denmark holds opt-outs from European Union policies in relation to security and defence, citizenship, police and justice, and the adoption of the euro. They were secured under the Edinburgh Agreement in 1992 after a referendum for the ratification of the Maastricht Treaty was rejected by Danish voters, as a package of measure to assuage concerns raised during that referendum.

Denmark constitutional monarchy in Europe

Denmark, officially the Kingdom of Denmark, is a Nordic country and the southernmost of the Scandinavian nations. Denmark lies southwest of Sweden and south of Norway, and is bordered to the south by Germany. The Kingdom of Denmark also comprises two autonomous constituent countries in the North Atlantic Ocean: the Faroe Islands and Greenland. Denmark proper consists of a peninsula, Jutland, and an archipelago of 443 named islands, with the largest being Zealand, Funen and the North Jutlandic Island. The islands are characterised by flat, arable land and sandy coasts, low elevation and a temperate climate. Denmark has a total area of 42,924 km2 (16,573 sq mi), land area of 42,394 km2 (16,368 sq mi), and the total area including Greenland and the Faroe Islands is 2,210,579 km2 (853,509 sq mi), and a population of 5.8 million.

Europol Police agency of the European Union

The European Union Agency for Law Enforcement Cooperation, better known under the name Europol, formerly the European Police Office and Europol Drugs Unit, is the law enforcement agency of the European Union (EU) formed in 1998 to handle criminal intelligence and combat serious international organised crime and terrorism through cooperation between competent authorities of EU member states. The Agency has no executive powers, and its officials are not entitled to arrest suspects or act without prior approval from competent authorities in the member states. Seated in The Hague, South Holland, it comprised 1,065 staff in 2016.

Contents

Background

After Danish voters rejected the Maastricht Treaty in a 1992 referendum, the Edinburgh Agreement that was reached granted four exceptions to Denmark, one of which concerning Justice and Home Affairs. The Danish people subsequently approved the Maastricht Treaty in a 1993 referendum.

Maastricht Treaty treaty that created the European Union

The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands to further European integration. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty. The treaty founded the European Union and established its pillar structure which stayed in place until the Lisbon Treaty came into force in 2009. The treaty also greatly expanded the competences of the EEC/EU and led to the creation of the single European currency, the euro.

Edinburgh Agreement (1992)

The Edinburgh Agreement or Edinburgh Decision is a December 1992 agreement reached at a European Council meeting in Edinburgh, Scotland, UK, that granted Denmark four exceptions to the Maastricht Treaty so that it could be ratified by Denmark. This was necessary because, without all member states of the European Union ratifying it, it could not come into effect. Denmark had first rejected the Maastricht treaty, but with the addition of the Edinburgh Agreement, ratified the treaty in a 1993 referendum. The member states that had already ratified the Maastricht Treaty did not have to do so again.

Several Danish governments had considered holding a referendum on abolishing certain opt-outs. When it became clear that, under new rules, Denmark would have to leave Europol due to its full opt-out, the two main political parties agreed to hold a referendum after the 2015 general election. The second Lars Løkke Rasmussen government that was formed following the election subsequently decided on 21 August 2015 to hold a referendum on 3 December. [3]

Lars Løkke Rasmussen II Cabinet The incumbent government of Denmark, in office since 28th June 2015.

The Second Cabinet of Lars Løkke Rasmussen was the Government of Denmark, in office between 28 June 2015 and 28 November 2016, where Lars Løkke Rasmussen third cabinet took over.

Consequences in legislation

List of legislation

The following are EU-laws affected by the opt-outs, that the proponents wanted to opt into: [4]

Police and criminal law

The Directive of the European Parliament and the Council regarding the European Investigation Order in criminal matters was proposed in April 2010, by a group of seven European Union Member States: Austria, Bulgaria, Belgium, Estonia, Slovenia, Spain and Sweden. The EIO would replace the existing legal framework applicable to the gathering and transfer of evidence between the member states. It proposed a procedure that would allow an authority in one member state to request specific criminal investigative measures be carried out by an authority in another member state.

Child pornography is pornography that exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a child or it may be simulated child pornography. Abuse of the child occurs during the sexual acts or lascivious exhibitions of genitals or pubic areas which are recorded in the production of child pornography. Child pornography may use a variety of media, including writings, magazines, photos, sculpture, drawing, cartoon, painting, animation, sound recording, film, video, and video games.

Market abuse may arise in circumstances where financial market investors have been unreasonably disadvantaged, directly or indirectly, by others who:

Civil law and commercial law

Insolvency is the state of being unable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.

The European Enforcement Order (EEO) is a method of enforcing foreign judgments within the European Union without the need of any intermediate proceedings, such as exequatur. The procedure was established by Council Regulation (EC) 805/2004 of 21 April 2004 and came into force on 21 October 2005.

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.

Family law
  • Regulation 650/2012 (de), EUR-lex, eu.dk, Arveretsforordningen, regarding jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession
  • Regulation 2201/2003, EUR-lex, eu.dk, Bruxelles IIa-forordningen, regarding jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility
  • Regulation 4/2009, EUR-lex, eu.dk, Underholdspligtsforordningen, regarding jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
  • Regulation 664/2009, EUR-lex, eu.dk, Forordningen om bilaterale familieretlige aftaler, establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries concerning jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and the law applicable to matters relating to maintenance obligations
Proposals

Campaign

A "yes" vote was supported by the governing Venstre, the Social Democrats, the Conservative People's Party, The Alternative, the Social Liberal Party and the Socialist People's Party. A "no" vote was supported by the Danish People's Party, the Liberal Alliance, the Red–Green Alliance, the People's Movement against the EU and the Young Conservatives.

Opinion polls

Date(s)Polling agencySampleForAgainstUndecidedLead
1–2 December 2015 Megafon/TV2 1,92739.4%42.2%18.4%2.8%
30 November–1 December 2015 Gallup/Berlingske 1,63037%42%21%5%
25 November–1 December 2015 Wilke/Jyllandsposten 2,00037.4%41.1%21.5%3.7%
22–30 November 2015 Epinion/DR 2,77832%36%31%4%
26–29 November 2015 Megafon/TV2 1,00035%40%25%5%
25–26 November 2015 Gallup/Berlingske 1,03534%38%25%4%
20–23 November 2015 Megafon/TV2 1,03139%38%23%1%
18–23 November 2015 Norstat/Altinget 1,00234%41%25%7%
16–22 November 2015 Epinion/DR 2,37332%29%34%3%
November 2015 Voxmeter/Ritzau 1,00934.8%32.1%33.1%2.7%
November 2015 Voxmeter/Ritzau 1,01033.0%30.5%36.5%2.5%
November 2015 Voxmeter/Ritzau 1,00526.8%30.4%42.7%3.6%
26–28 October 2015 Megafon/Politiken ca. 1,00032%28%40%4%
22–26 October 2015 Norstat/Altinget 1,00031%37%33%6%
14–21 October 2015 Epinion/DR Nyheder 1,00529%28%39%1%
September 2015 Voxmeter/Ritzau 1,00926%37%36%9%
21–24 September 2015 Megafon/Politiken ca. 1,00041%32%27%9%
16–21 September 2015 Norstat/Altinget 1,00131%36%33%5%
24–26 August 2015 Megafon/Politiken ca. 1,00041%27%33%14%
21–24 August 2015 Norstat/Altinget 1,00034%33%32%1%
June 2015 Norstat/Altinget ca. 1,00038%31%31%7%
May 2015 Norstat/Altinget ca. 1,00040%30%30%10%
April 2015 Norstat/Altinget ca. 1,00036%29%34%7%
12–17 March 2015 Norstat/Altinget 1,00138%27%35%11%
3 February 2015 Norstat/Altinget ca. 1,00039%27%34%12%
12 January 2015 ukendt/Børsen ca. 1,00043%41%16%2%
January 2015 Norstat/Altinget ca. 1,00039%27%34%12%

Results

Results by electoral district No Yes Danish European Union opt-out referendum result by district, 2015.png
Results by electoral district
  No
  Yes
ChoiceVotes%
For1,375,86246.89
Against1,558,43753.11
Invalid/blank votes55,962–
Total2,990,261100
Registered voters/turnout4,153,04172.00
Source: Statistics Denmark [2]

By district

DistrictYesNoValidBlankInvalidTotal
Votes%Votes%
Capital Region442,17950.4435,34849.6877,52715,6742,587895,788
Copenhagen176,08550.3174,29149.7350,3768,2021,286359,864
1. Østerbro21,10356.416,29443.637,39785113638,384
2. Sundbyvester14,32149.014,92751.029,24863411029,992
3. Indre By15,96458.411,38141.627,3456118828,044
4. Sundbyøster11,26344.613,98655.425,24957211825,939
5. Nørrebro18,35549.818,52750.236,8821,30515438,341
6. Bispebjerg9,23942.312,59957.721,83858010922,527
7. Brønshøj17,23947.519,08552.536,32473815637,218
8. Valby10,85245.812,83054.223,6825678324,332
9. Vesterbro14,46850.114,41149.928,87982311629,818
10. Falkoner16,82160.511,00239.527,8236256928,517
11. Slots14,32755.211,62844.825,9555438526,583
12. Tårnby12,13340.817,62159.229,7543536230,169
Copenhagen Surrounding Areas124,92848.2134,15651.8259,0843,748619263,451
1. Gentofte25,14965.913,01634.138,16552712338,815
2. Lyngby17,51160.811,27939.228,7904909429,374
3. Gladsaxe15,90548.916,58951.132,4945805433,128
4. Rødovre13,71942.618,46657.432,1854997032,754
5. Hvidovre9,89739.115,39160.925,2883343825,660
6. Brøndby12,75340.918,44359.131,1963426631,604
7. Taastrup14,76742.120,29457.935,0614859335,639
8. Ballerup15,22742.420,67857.635,9054918136,477
North Zealand131,22853.3115,13046.7246,3583,329596250,283
1. Helsingør15,43847.916,81452.132,25246710632,825
2. Fredensborg20,90560.113,90139.934,8063964735,249
3. Hillerød24,25649.424,88350.649,13971913449,992
4. Frederikssund17,40342.623,40457.440,80749610741,410
5. Egedal24,75655.120,15044.944,9066459645,647
6. Rudersdal28,47064.115,97835.944,44860610645,160
Bornholm9,93845.811,77154.221,7093958622,190
1. Rønne4,93646.85,62153.210,5572044910,810
2. Aakirkeby5,00244.96,15055.111,1521913711,380
Zealand and South Denmark Region478,22544.3601,65655.71,079,88115,6052,9631,098,449
Zealand191,17943.0252,98457.0444,1635,7771,101451,041
1. Lolland8,28936.314,57763.722,8662497923,194
2. Guldborgsund13,64640.420,09359.633,7394269434,259
3. Vordingborg10,77941.515,17758.525,9563367226,364
4. Næstved18,61342.425,26957.643,88258611144,579
5. Faxe12,95740.818,79459.231,7513797832,208
6. Køge21,26045.425,54554.646,8056568847,549
7. Greve17,70046.920,04153.137,74140910138,251
8. Roskilde23,88551.922,15748.146,04282911146,982
9. Holbæk15,82543.320,72456.736,54945310137,103
10. Kalundborg17,40038.727,58261.344,98251611445,612
11. Ringsted14,49043.518,83656.533,3264778733,890
12. Slagelse16,33540.324,18959.740,5244616541,050
Funen120,58845.9141,94254.1262,5304,570801267,901
1. Odense Øst14,77944.918,15955.132,93874911633,803
2. Odense Vest13,93845.716,59454.330,53258111231,225
3. Odense Syd19,25852.517,42847.536,68673114137,558
4. Assens10,24644.812,64655.222,8923555723,304
5. Middelfart17,31546.819,71653.237,0315347537,640
6. Nyborg13,71344.117,37455.931,0874669231,645
7. Svendborg16,65242.522,54257.539,19466711139,972
8. Faaborg14,68745.717,48354.332,1704879732,754
South Jutland166,45844.6206,73055.4373,1885,2581,061379,507
1. Sønderborg17,48944.421,90455.639,39351911440,026
2. Aabenraa13,56144.616,86055.430,4213867830,885
3. Tønder8,88544.511,08055.519,9653145920,338
4. Esbjerg By12,37638.120,11861.932,49446411133,069
5. Esbjerg Omegn12,94045.115,74254.928,6823726829,122
6. Varde12,50647.313,93752.726,4433675326,863
7. Vejen16,14645.019,74255.035,88847912236,489
8. Vejle Nord13,79949.214,25250.828,0514927828,621
9. Vejle Syd13,40146.115,67853.929,07948810929,676
10. Fredericia10,83841.015,58259.026,4203086226,790
11. Kolding Nord10,79449.511,02250.521,8162986022,174
12. Kolding Syd10,70243.713,79256.324,4943075824,859
13. Haderslev13,02143.317,02156.730,0424648930,595
Mid and North Jutland Region455,45846.6521,43353.4976,89116,9372,196996,024
East Jutland194,32048.2208,66551.8402,9857,947958411,890
1. Århus Syd22,92554.718,98945.341,91499410543,013
2. Århus Vest19,07748.620,14851.439,2258499940,173
3. Århus Nord21,28050.820,60549.241,8851,15410743,146
4. Århus Øst26,73456.820,30743.247,0411,33213548,508
5. Djurs18,15942.824,22257.242,3815948043,055
6. Randers Nord9,69340.114,49659.924,1892955624,540
7. Randers Syd10,88442.514,74057.525,6243695326,046
8. Favrskov12,30648.313,14951.725,4554605525,970
9. Skanderborg23,96751.822,27348.246,2408527647,168
10. Horsens18,39541.925,53358.143,92867511744,720
11. Hedensted10,90043.414,20356.625,1033737525,551
West Jutland131,93648.5139,99351.5271,9294,341600276,870
1. Struer10,98445.213,33654.824,3203353724,692
2. Skive11,31145.613,47054.424,7813736325,217
3. Viborg Vest12,63449.512,91350.525,5474326126,040
4. Viborg Øst11,70750.911,29049.122,9973466023,403
5. Silkeborg Nord11,12347.112,47952.923,6023614824,011
6. Silkeborg Syd12,65851.312,01348.724,6714296625,166
7. Ikast9,27145.311,19654.720,4673384720,852
8. Herning Syd9,90547.211,08652.820,9913396021,390
9. Herning Nord11,99750.211,92049.823,9173623924,318
10. Holstebro15,38349.315,82650.731,2095636331,835
11. Ringkøbing14,96350.814,46449.229,4274635629,946
North Jutland129,20242.8172,77557.2301,9774,649638307,264
1. Frederikshavn12,38437.520,67462.533,0583937533,526
2. Hjørring14,26942.519,32557.533,5945038834,185
3. Brønderslev16,32841.523,02258.539,3505298139,960
4. Thisted15,16744.618,84555.434,0125277134,610
5. Himmerland15,51645.518,60854.534,1245175334,694
6. Mariagerfjord9,46442.712,68757.322,1512983722,486
7. Aalborg Øst16,66641.723,27558.339,9417438440,768
8. Aalborg Vest15,75947.617,37152.433,1305616233,753
9. Aalborg Nord13,64941.818,96858.232,6175788733,282
Denmark1,375,86246.91,558,43753.12,934,29948,2167,7462,990,261
Source: Danmarks Statistik

Footnotes

  1. ↑ The ballot question was the name of the proposal.

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References

  1. ↑ "Forslag til Lov om omdannelse af retsforbeholdet til en tilvalgsordning". retsinformation.dk. Department of Civil Affairs . Retrieved 3 December 2015.
  2. 1 2 "Folkeafstemning torsdag 3. december 2015: Resultater - Foreløbig opgørelse af valgresultat". dst.dk (in Danish). Statistics Denmark. Retrieved 3 December 2015.
  3. ↑ "Denmark to vote on Justice and Home Affairs opt-in model on 3 December". Ministry of Foreign Affairs of Denmark. 2015-08-21. Retrieved 2015-08-21.
  4. ↑ "Archived copy". Archived from the original on 2015-04-02. Retrieved 2015-03-17.
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