Danish European Union opt-out referendum

3 December 2015

Proposed Law to change the justice opt-out to a case-by-case opt-in.[n 1][1]
Results
Choice
Votes  %
Yes 1,375,862 46.89%
No 1,558,437 53.11%
Valid votes 2,934,299 98.13%
Invalid or blank votes 55,962 1.87%
Total votes 2,990,261 100.00%
Registered voters/turnout 4,153,041 72%

Source: Statistics Denmark[2]
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 those 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.

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.

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]

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
Civil law and commercial law
Family law
  • Regulation 650/2012 (de), EUR-lex, eu.dk Archived 2015-12-08 at the Wayback Machine, 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 Archived 2015-12-08 at the Wayback Machine, 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 Archived 2016-03-04 at the Wayback Machine, 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 Archived 2015-12-11 at the Wayback Machine, 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 agency Sample For Against Undecided Lead
1–2 December 2015Megafon/TV21,92739.4%42.2%18.4%2.8%
30 November–1 December 2015Gallup/Berlingske1,63037%42%21%5%
25 November–1 December 2015Wilke/Jyllandsposten2,00037.4%41.1%21.5%3.7%
22–30 November 2015Epinion/DR2,77832%36%31%4%
26–29 November 2015Megafon/TV21,00035%40%25%5%
25–26 November 2015Gallup/Berlingske1,03534%38%25%4%
20–23 November 2015Megafon/TV21,03139%38%23%1%
18–23 November 2015Norstat/Altinget1,00234%41%25%7%
16–22 November 2015Epinion/DR2,37332%29%34%3%
November 2015Voxmeter/Ritzau1,00934.8%32.1%33.1%2.7%
November 2015Voxmeter/Ritzau1,01033.0%30.5%36.5%2.5%
November 2015Voxmeter/Ritzau1,00526.8%30.4%42.7%3.6%
26–28 October 2015Megafon/Politikenca. 1,00032%28%40%4%
22–26 October 2015Norstat/Altinget1,00031%37%33%6%
14–21 October 2015Epinion/DR Nyheder1,00529%28%39%1%
September 2015Voxmeter/Ritzau Archived 2015-10-11 at the Wayback Machine1,00926%37%36%9%
21–24 September 2015Megafon/Politikenca. 1,00041%32%27%9%
16–21 September 2015Norstat/Altinget1,00131%36%33%5%
24–26 August 2015Megafon/Politikenca. 1,00041%27%33%14%
21–24 August 2015Norstat/Altinget1,00034%33%32%1%
June 2015Norstat/Altingetca. 1,00038%31%31%7%
May 2015Norstat/Altingetca. 1,00040%30%30%10%
April 2015Norstat/Altingetca. 1,00036%29%34%7%
12–17 March 2015Norstat/Altinget1,00138%27%35%11%
3 February 2015Norstat/Altingetca. 1,00039%27%34%12%
12 January 2015ukendt/Børsenca. 1,00043%41%16%2%
January 2015Norstat/Altingetca. 1,00039%27%34%12%

Results

Results by electoral district
  No
  Yes
Choice Votes %
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]

Footnotes

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

References

  1. "Forslag til Lov om omdannelse af retsforbeholdet til en tilvalgsordning". retsinformation.dk. Department of Civil Affairs. 13 November 2015. 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. Archived from the original on 2015-09-11. Retrieved 2015-08-21.
  4. "Statsministeriet - Aftale om tilvalg af retsakter på området for retlige og indre anliggender". Archived from the original on 2015-04-02. Retrieved 2015-03-17.
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