Danish Unified Patent Court membership referendum, 2014

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The Danish referendum on joining the Unified Patent Court was a referendum held in Denmark on 25 May 2014 alongside the European Parliament elections. [1] The referendum was approved with 62.5% of the vote, enabling the government to proceed with the ratification of the Agreement on a Unified Patent Court , which constitutes the legal basis for the Unified Patent Court. [2] The court is to be common to several Member States of the European Union for proceedings regarding European patents. Ratification of the agreement, which had already been approved by a simple majority of the Danish parliament, will also render the unitary patent applicable in Denmark.

Unified Patent Court proposed patent court and patent registry of the European Union

The Unified Patent Court (UPC) is a proposed common patent court open for participation of all member states of the European Union. It will hear cases regarding infringement and revocation proceedings of European patents that are valid in the territories of the participating states, with a single court ruling being directly applicable throughout those territories. Requesting unitary patents upon the grant of certain European patents will be possible from the establishment of the Court. It is to be established by the Agreement on a Unified Patent Court. which was signed as an intergovernmental treaty in February 2013 by 25 states. It will enter into force on the first day of the fourth month after meeting three predefined conditions.

A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.

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.

Contents

Background

Election posters for the 2014 referendum Election posters for the Danish Unified Patent Court membership referendum.JPG
Election posters for the 2014 referendum

Denmark signed the Agreement on a Unified Patent Court on 19 February 2013 along with 24 of the (then) 27 Member States of the European Union eligible to join. The agreement shall enter into force for those countries that approved it after ratification of 13 states (which must include France, Germany and the United Kingdom) and an adaptation of the Brussels I regulation.

The Danish Ministry of Justice issued its opinion in May 2013 that a referendum or five-sixths majority in the Folketing was necessary for the government to ratify the agreement due to constitutional requirements on the transfer of sovereignty. [2] [3] The Danish People's Party (DF) and the Red–Green Alliance, collectively controlling around one-fifth of the Folketing seats, stated their opinion that a referendum should be held. [2] The People's Party said they would support the UPC if the governing parties promised to either hold a referendum on the proposed EU Banking Union or increase restrictions on the distribution of welfare benefits to foreign nationals in Denmark. [4] Despite being implored to negotiate with the DF by the leader of the opposition Lars Løkke Rasmussen, the government opted to hold a referendum, [1] announcing in December 2013 that one would go ahead on 25 May 2014. [5]

Ministry of Justice of Denmark is the Danish government ministry responsible for the general judicial system, including the police and the prosecution service, the courts of law, and prisons and the probation service. In addition, the Ministry is responsible for legislation in the areas of criminal, private and family law, the law of trusts and foundations, nationality law and data protection law. The Ministry of Justice of Denmark might oversee the administration of justice in Greenland.

Folketing Parliament of Denmark

The Folketing, also known as the Danish Parliament in English, is the unicameral national parliament (legislature) of Denmark. Established in 1849, until 1953 the Folketing was the lower house of a bicameral parliament, called the Rigsdag; the upper house was Landstinget. It meets in Christiansborg Palace, on the islet of Slotsholmen in central Copenhagen.

The Danish People's Party (DPP) is a political party in Denmark which is generally described as right-wing populist by academics and far-right by international media. It has also been described in academia and the media as a nativist and anti-immigrant party. The party was founded in 1995 by Pia Kjærsgaard, who was the leader of the party until 2012, when she passed the leadership on to Kristian Thulesen Dahl. The DPP lent its support to the Liberal-Conservative government from the general election of 2001 until the 2011 election defeat. While not part of the cabinet, DPP cooperated closely with the governing coalition on most issues and received support for key political stances in return, to the point that the government was commonly referred to as the "VKO-government".

The legal basis for the referendum was sections 20 and 42 of the Constitution of Denmark according to which a majority consisting of at least 30% of the electorate could reject the decision of the Folketing due to it involving transfer of sovereignty. In case this double majority criterion was not met, e.g. if 28% voted against the decision and 20% voted in favor (low voter turnout), the act as passed by the Folketing would still come into force, allowing the government to proceed with the ratification of the Agreement on a Unified Patent Court. [6]

The Constitutional Act of the Kingdom of Denmark, or simply the Constitution, is the constitution of the Kingdom of Denmark, applying equally in Denmark proper, Greenland and the Faroe Islands. In its present form, the Constitutional Act is from 1953, but the principal features of the Act go back to 1849, making it one of the oldest constitutions.

A double majority is a voting system which requires a majority of votes according to two separate criteria. The mechanism is usually used to require strong support for any measure considered to be of great importance. Typically in legislative bodies, a double majority requirement exists in the form of a quorum being necessary for legislation to be passed.

Voter turnout percentage of eligible voters who cast a ballot in an election

Voter turnout is the percentage of eligible voters who cast a ballot in an election. Eligibility varies by country, and the voting-eligible population should not be confused with the total adult population. Age and citizenship status are often among the criteria used to determine eligibility, but some countries further restrict eligibility based on sex, race, or religion.

Results

Danish Unified Patent Court membership referendum, 2014
Choice Votes %
Yes check.svg Yes1,386,88162.47
No 833,023 37.53
Valid votes 2,219,904 96.36
Invalid or blank votes 83,879 3.64
Total votes2,303,783100.00
Registered voters and turnout 4,124,696 55.85
Source: Danmarks Statistik

The "no" votes equated to 20.2% of the electorate, less than the 30% threshold required (in conjunction with a plurality of voters voting "no") to reverse the decision of parliament to ratify.

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References

  1. 1 2 Denmark bundles patent court referendum with 2014 EU election EurActiv, 20 December 2013
  2. 1 2 3 "MINISTRY: EU patent court may require referendum". Politiken. 7 May 2013. Retrieved 10 May 2013.
  3. "Pressemøde den 7. maj 2013". Government of Denmark (in Danish). 7 May 2013. Retrieved 11 May 2013.
  4. Stanners, Peter (2013-09-27). "Deal with eurosceptics could stave off EU patent referendum". Copenhagen Post.
  5. Cremer, Justin (20 December 2013). "It's official: Danes to vote on EU patent court". Copenhagen Post. Archived from the original on January 1, 2014. Retrieved 20 December 2013.
  6. EU Information Centre of the Folketing: Folkeafstemning om den fælles patentdomstol (in Danish), March 2014. Accessed: 8 May 2014.