| Supreme Court | |
|---|---|
| Højesteret | |
 Logo of the Supreme Court | |
| Established | February 14, 1661; 364 years ago (1661-02-14) |
| Location | Christiansborg Palace,Copenhagen |
| Authorised by | Danish Constitution |
| Judge term length | Mandatory retirement at age 70 |
| Number of positions | 18 |
| Website | hoejesteret supremecourt |
| President of the Supreme Court | |
| Currently | Jens Peter Christensen |
| Since | November 1, 2022; 3 years ago (2022-11-01) |
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TheSupreme Court (Danish:Højesteret,lit.Highest Court,Faroese:Hægstirættur,Greenlandic:Eqqartuussiviit Qullersaat) is thesupreme court and the third and final instance in all civil and criminal cases in theKingdom of Denmark. It is based atChristiansborg Palace inCopenhagen which also houses theDanish Parliament and thePrime Minister's office.
The Supreme Court was founded on14 February 1661 by KingFrederik III as a replacement of KingChristian IV'sKing's Court (da.Kongens Retterting). It was based at firstCopenhagen Castle laterChristiansborg Palace, which was built in its place on the same site atSlotsholmen, and originally consisted of 30 justices. From its foundation and until the adoption of the Constitution of 1849, the court was formally an instrument of the king, only deciding cases by a majority vote in the king's absence, most kings only attended the first meeting each supreme court year. An office asjustitiarius to lead the court was instituted as early as 1674 (from 1919 with title of President).[1] As absolute monarch the king retained the inherent power to overrule the court, which happened on one occasion. Aside from this the court routinely exercised the power to commute criminal sentences, a power that was written into the constitution of 1849.
After the 1794 Fire of the Christiansborg Palace, the Supreme Court moved first to thePrince's Mansion (da.Prinsens Palæ) until 1854, now housing theNational Museum of Denmark, and then to one of the four mansions ofAmalienborg Palace (1854–1864), before moving back to Slotsholmen. After the fire of the second Christianborg Palace in 1884 the Supreme Court had to move once again and was based atBernstorffs Palæ inBredgade until 1919 when it could move back to the present Christiansborg Palace.[1][2]
Since a rule change in 2007, the court have had a greater focus ontest cases that establishprecedent.[3]
The Supreme Court functions as a civil and criminal appellate court for cases from the subordinate courts. Since a decision cannot normally be appealed more than once, District Court cases rarely reach Supreme Court-level, though this may be the case if the independent Appeals Permission Board grants a leave of appeal.
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Significant civil cases with issues of principle, however, are typically deferred to one of the two Danish High Courts as courts of first instance. In those cases sentences from the Eastern or Western High Courts (Østre Landsret andVestre Landsret) may be directly appealed to The Supreme Court.
As its name indicates, the Supreme Court is the highest Court in the Kingdom of Denmark and its judgments cannot be appealed to another Danish court. It is split into two chambers which both hear all types of cases. A case is heard by at least five judges. In all, the court consists of normally 15 judges and a president.
Unlike criminal cases in the lower courts, the Supreme Court does not deal with the issue of guilt. However, the basis on which the lower court reached its verdict may be brought into consideration and edited. In criminal trials by jury in the first instance, the defence may appeal on grounds of judicial error regarding thejudges' direction to the jury (the summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate).
There are 18 judges in the Supreme Court. One of the Supreme Court justices is president of the Supreme Court, appointed by the other judges. A judge is the chairman of the Appeals Permission Board and a judge is on leave to serve as a judge of theEuropean Court of Justice inLuxembourg.[4]
The Judges of the Supreme Court, like other judges, are appointed by theMinister of Justice on the recommendation of the Independent Board of Judges.
Judges shall be retired at the end of the month in which they reach the age of 70, as according to section 5 of the Civil Service Act.
| Name | Born | Assumed office | Comment |
|---|---|---|---|
| Jens Peter Christensen | 1 November 1956 | 2006 | President of the Supreme Court from 1 November 2022. |
| Lars Bay Larsen | 8 June 1953 | 2003 | Leave since 2006: Judge of theEuropean Court of Justice |
| Poul Dahl Jensen | 21 June 1956 | 2004 | |
| Vibeke Steen Rønne | 7 March 1953 | 2005 | |
| Michael Rekling | 18 February 1958 | 2007 | |
| Hanne Schmidt | 9 March 1960 | 2009 | |
| Lars Hjortnæs | 16 September 1960 | 2010 | |
| Oliver Talevski | 23 March 1964 | 2011 | Chairman of the Appeals Permission Board |
| Jan Schans Christensen | 15 August 1957 | 2012 | |
| Kurt Rasmussen | 7 July 1958 | 2012 | |
| Jens Kruse Mikkelsen | 23 July 1965 | 2013 | |
| Lars Apostoli | 16 February 1961 | 2014 | |
| Anne Louise Bormann | 25 August 1967 | 2016 | |
| Kristian Korfits Nielsen | 4 April 1968 | 2017 | |
| Jørgen Steen Sørensen | 21 April 1965 | 2019 | |
| Ole Hasselgaard | 3 April 1967 | 2021 | |
| Rikke Foersom | 13 November 1974 | 2021 | |
| Søren Højgaard Mørup | 8 April 1973 | 2022 |
55°40′33″N12°34′44″E / 55.6758°N 12.5789°E /55.6758; 12.5789
