Danish European Union opt-outs referendum
Encyclopedia
Denmark holds a number of "opt-outs
" from European Union policies. These opt-outs relate to the Common Security and Defence Policy, citizenship
, police and justice
, and the adoption of the euro
. The present government
plans to hold a referendum on abolishing the opt-outs on defence and justice, but not on the euro. However, no definite plans have yet been announced.
s on abolishing one or more the opt-outs were announced by Prime Minister
Anders Fogh Rasmussen
in his speech on 22 November 2007 after he won the 2007 parliamentary election
. It was not announced whether the referendum would only offer a full repeal of all opt-outs, or a case-by-case choice, and no date was announced, except that it would be before the 2011 Danish parliamentary election. The V/K (Liberal-Conservative) government had been planning to hold a referendum on abolishing the opt-outs (or at least the euro opt-out) since at least 2004, following a favourable change in public opinion, but the discussions and controversy regarding the Treaty establishing a Constitution for Europe
and the Treaty of Lisbon
had delayed this.
The referendum was originally expected to be held in the autumn of 2008 but following Ireland's rejection of the Treaty of Lisbon, Fogh Rasmussen stated that this would not happen. In early 2009, it was announced that Fogh Rasmussen expected to hold a referendum on Denmark joining the Eurozone
in 2010, as he believed it was possible to meet the demands of the Euro-sceptic Socialist People's Party
.
of NATO in 2009, his successor, Lars Løkke Rasmussen
, announced that the opt-outs would be put to a referendum "when the time is right", which was seen as an indication that he did not necessarily intend to proceed with a referendum. Following a meeting with the European Commission
President José Manuel Barroso in mid-May 2009, Løkke Rasmussen stated that he hoped at least a referendum on the common currency would take place before the next parliamentary elections in 2011. At the same time, he said that Denmark was already using the euro (because of the currency peg); but they had decided to call it "danske kroner". However, no referendum was held and Løkke Rasmussen's coalition lost the election in the autumn of 2011.
The leaders of the three largest opposition parties, Helle Thorning-Schmidt
, Villy Søvndal
, and Margrethe Vestager
had suggested that a referendum on abolishing the opt-outs concerning the Common Security and Defence Policy and the Justice and Home Affairs
be held on 23 March 2010.
, leader of the Dansk Folkeparti, didn't like the Prime Minister's wording.
following the treaty's initial rejection in a 1992 referendum
. The opt-outs are outlined in the Edinburgh Agreement
and concern the Economic and monetary union
(EMU), the Common Security and Defence Policy (CSDP), Justice and Home Affairs
(JHA) and the citizenship of the European Union
. With these opt-outs the Danish people accepted the treaty in a second referendum held in 1993
.
The EMU opt-out means that Denmark is not obliged to participate in the third phase of the European Exchange Rate Mechanism
, that is, to replace the Danish krone
with the euro
. The abolition of the euro opt-out was put to a referendum in 2000
and was rejected. The CSDP opt-out originally meant Denmark would not be obliged to join the Western European Union
(which originally handled the defence tasks of the EU). Now it means that Denmark does not participate in the European Union's foreign policy
where defence is concerned. Hence it does not take part in decisions, does not act in that area and does not contribute troops to missions conducted under the auspices of the European Union. The JHA opt-out exempts Denmark from certain areas of home affairs. Significant parts of these areas were transferred from the third European Union pillar
to the first under the Amsterdam Treaty
; Denmark's opt-outs from these areas were kept valid through additional protocols. Acts made under those powers are not binding on Denmark except for those relating to the Schengen Agreement
, which are instead conducted on an intergovernmental basis with Denmark. The citizenship opt-out stated that European citizenship did not replace national citizenship; this opt-out was rendered meaningless when the Amsterdam Treaty
adopted the same wording for all members. Under the Treaty of Lisbon
, Denmark can change its opt-out from a complete opt-out to the case-by-case opt-in version applying to Ireland and the United Kingdom whenever they wish.
Following an increase in support for abolishing the opt-outs, support dropped in mid-May 2009; in January 2009, 49.8 % were in favour of having the Euro as Danish currency, dropping to 45.2% against and 43.7% in favour in May 2009. Support for abolishing opt-outs on legal and defence cooperation has also dwindled to equal numbers pro and against.
Afterwards support for abolishing the opt-outs increased again. As of October 2009, there was a majority in favour of abolishing each one of the four opt-outs, the only difference being in the size of majority:
Absolute majorities are were in favour of entering the Eurozone (50% in favour, 43% opposed) and of a Common European Defence (66% in favour, 21% opposed).
There were relative majorities in favour of judicial cooperation (47% in favour, 35% opposed) and European Citizenship (40% in favour, 30% opposed).
When asked, how they would vote when they had to decide about all four opt-outs in a package, a relative majority of 42% would vote in favour of abolishing the opt-outs and 37% would vote in favour of keeping the opt-outs.
Following the European sovereign debt crisis, particularly the financial market turmoil of 2011, support for the euro dropped dramatically.
The social liberal broadsheet
Politiken
is in favour of the referendum and supports a case-by-case vote on all four issues; it sees the possibility to break the "yes-or-no" deadlock over EU politics in Denmark. The liberal conservative broadsheet
Jyllands-Posten
is also in favour of abolishing all four opt-outs.
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
" from European Union policies. These opt-outs relate to the Common Security and Defence Policy, citizenship
Citizenship of the European Union
Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...
, police and justice
Police and Judicial Co-operation in Criminal Matters
The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
, and the adoption of the euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
. The present government
Cabinet of Helle Thorning-Schmidt
The cabinet of Prime Minister Helle Thorning-Schmidt is the current cabinet of Denmark. It is a coalition government between the Social Democrats, Social Liberal Party and Socialist People's Party...
plans to hold a referendum on abolishing the opt-outs on defence and justice, but not on the euro. However, no definite plans have yet been announced.
Background
One or more referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s on abolishing one or more the opt-outs were announced by Prime Minister
Prime Minister of Denmark
The Prime Minister of Denmark is the head of government in Danish politics. The Prime Minister is traditionally the leader of a political coalition in the Folketing and presides over the cabinet....
Anders Fogh Rasmussen
Anders Fogh Rasmussen
Anders Fogh Rasmussen is a Danish politician, and the 12th and current Secretary General of NATO. Rasmussen served as Prime Minister of Denmark from 27 November 2001 to 5 April 2009....
in his speech on 22 November 2007 after he won the 2007 parliamentary election
Danish parliamentary election, 2007
The 66th Folketing election in Denmark was held on 13 November 2007. The election allowed prime minister Anders Fogh Rasmussen to continue for a third term in a coalition government consisting of the Liberals and the Conservative People's Party with parliamentary support from the Danish People's...
. It was not announced whether the referendum would only offer a full repeal of all opt-outs, or a case-by-case choice, and no date was announced, except that it would be before the 2011 Danish parliamentary election. The V/K (Liberal-Conservative) government had been planning to hold a referendum on abolishing the opt-outs (or at least the euro opt-out) since at least 2004, following a favourable change in public opinion, but the discussions and controversy regarding the Treaty establishing a Constitution for Europe
Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
and the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
had delayed this.
The referendum was originally expected to be held in the autumn of 2008 but following Ireland's rejection of the Treaty of Lisbon, Fogh Rasmussen stated that this would not happen. In early 2009, it was announced that Fogh Rasmussen expected to hold a referendum on Denmark joining the Eurozone
Eurozone
The eurozone , officially called the euro area, is an economic and monetary union of seventeen European Union member states that have adopted the euro as their common currency and sole legal tender...
in 2010, as he believed it was possible to meet the demands of the Euro-sceptic Socialist People's Party
Socialist People's Party (Denmark)
The Socialist People's Party is a green and socialist political party in Denmark.-1959–69:The SF was founded on 15 February 1959 by Aksel Larsen, a former leader of the Communist Party of Denmark and CIA agent. Larsen was removed from the ranks of the DKP for his criticism over the Soviet...
.
Lars Løkke Rasmussen Government
Following the appointment of Anders Fogh Rasmussen as Secretary GeneralSecretary General of NATO
The Secretary General of the North Atlantic Treaty Organisation is the chairman of the North Atlantic Council, the supreme decision-making organisation of the defence alliance. The Secretary-General also serves as the leader of the organisation's staff and as its chief spokesman...
of NATO in 2009, his successor, Lars Løkke Rasmussen
Lars Løkke Rasmussen
Lars Løkke Rasmussen is a Danish politician who served as Prime Minister of Denmark from April 2009 to October 2011. He is the leader of the centre-right liberal party, Venstre....
, announced that the opt-outs would be put to a referendum "when the time is right", which was seen as an indication that he did not necessarily intend to proceed with a referendum. Following a meeting with the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
President José Manuel Barroso in mid-May 2009, Løkke Rasmussen stated that he hoped at least a referendum on the common currency would take place before the next parliamentary elections in 2011. At the same time, he said that Denmark was already using the euro (because of the currency peg); but they had decided to call it "danske kroner". However, no referendum was held and Løkke Rasmussen's coalition lost the election in the autumn of 2011.
The leaders of the three largest opposition parties, Helle Thorning-Schmidt
Helle Thorning-Schmidt
Helle Thorning-Schmidt is a Danish politician and the current Prime Minister of Denmark. She has been leader of the Danish Social Democrats since April 2005 and prime minister since October 2011....
, Villy Søvndal
Villy Søvndal
Villy Søvndal is a Danish politician and Minister for Foreign Affairs in the government of Denmark since October 2011. Søvndal, a member of the Danish Parliament since 1994, is also leader of the Socialist People's Party....
, and Margrethe Vestager
Margrethe Vestager
Margrethe Vestager is a Danish politician representing Det Radikale Venstre. She has been a Member of Parliament since 20 November 2001. On 15 June 2007 she was appointed parliamentary group leader of her party, replacing Marianne Jelved....
had suggested that a referendum on abolishing the opt-outs concerning the Common Security and Defence Policy and the Justice and Home Affairs
Police and Judicial Co-operation in Criminal Matters
The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
be held on 23 March 2010.
Competitiveness Pact
During the European sovereign debt crisis in early 2011, during negotiations over a new "Competitiveness Pact" to stabilise the euro and reform economic governance in the European Union, Løkke Rasmussen proposed to hold a referendum on the opt-outs before June 2011 in order to have a mandate to participate in the negotiations over the Competitiveness Pact. However, some politicians warned that Rasmussen's low popularity might cause the referendum to result in a protest vote against him and his government. The Prime Minister's suggestion was criticised by an "expert", claiming that the time for a referendum was ill-chosen, pointing out that Denmark was set to hold general elections later that year. Politiken suggested that this might be his deliberate intention, pointing out that the parties currently in opposition had different opinions on two of the opt-outs (although all parties in the opposition wanted to abolish the defence opt-out). Pia KjærsgaardPia Kjærsgaard
Pia Merete Kjærsgaard is a Danish politician. She is a co-founder and current leader of the Danish People's Party, a nativist, national conservative political party in Denmark...
, leader of the Dansk Folkeparti, didn't like the Prime Minister's wording.
Helle-Thorning Schmidt Government
After the victory of the left-wing coalition under Thorning-Schmidt in the September 2011 elections, the new government announced that it planned to hold referendums on abolishing the defence opt-out and on either abolishing the justice opt-out or modifying it to allow Denmark to opt-in to various parts of it.Opt-outs
Denmark obtained four opt-outs from the Maastricht TreatyMaastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
following the treaty's initial rejection in a 1992 referendum
Danish Maastricht Treaty referendum, 1992
A referendum on the Maastricht Treaty was held in Denmark on 2 June 1992. It was rejected by 50.7% of voters with a turnout of 83.1%. The rejection was considered somewhat of a blow to the process of European integration, although the process continued...
. The opt-outs are outlined in the Edinburgh Agreement
Edinburgh Agreement
The Edinburgh Agreement or Edinburgh Decision is a December 1992 agreement reached at a European Council meeting in Edinburgh, 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...
and concern the Economic and monetary union
Eurozone
The eurozone , officially called the euro area, is an economic and monetary union of seventeen European Union member states that have adopted the euro as their common currency and sole legal tender...
(EMU), the Common Security and Defence Policy (CSDP), Justice and Home Affairs
Police and Judicial Co-operation in Criminal Matters
The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
(JHA) and the citizenship of the European Union
Citizenship of the European Union
Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...
. With these opt-outs the Danish people accepted the treaty in a second referendum held in 1993
Danish Maastricht Treaty referendum, 1993
A second referendum on the Maastricht Treaty was held in Denmark on 18 May 1993. After rejecting the treaty in a referendum the previous year, this time it was approved by 56.7% of voters with an 86.5% turnout.-Background:...
.
The EMU opt-out means that Denmark is not obliged to participate in the third phase of the European Exchange Rate Mechanism
European Exchange Rate Mechanism
The European Exchange Rate Mechanism, ERM, was a system introduced by the European Community in March 1979, as part of the European Monetary System , to reduce exchange rate variability and achieve monetary stability in Europe, in preparation for Economic and Monetary Union and the introduction of...
, that is, to replace the Danish krone
Danish krone
The krone is the official currency of the Kingdom of Denmark consisting of Denmark, the Faroe Islands and Greenland. It is subdivided into 100 øre...
with the euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
. The abolition of the euro opt-out was put to a referendum in 2000
Danish euro referendum, 2000
A referendum on joining the Euro was held in Denmark on 28 September 2000. It was rejected by 53.2% of voters with a turnout of 87.6%.-Background:...
and was rejected. The CSDP opt-out originally meant Denmark would not be obliged to join the Western European Union
Western European Union
The Western European Union was an international organisation tasked with implementing the Modified Treaty of Brussels , an amended version of the original 1948 Treaty of Brussels...
(which originally handled the defence tasks of the EU). Now it means that Denmark does not participate in the European Union's foreign policy
Common Foreign and Security Policy
The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
where defence is concerned. Hence it does not take part in decisions, does not act in that area and does not contribute troops to missions conducted under the auspices of the European Union. The JHA opt-out exempts Denmark from certain areas of home affairs. Significant parts of these areas were transferred from the third European Union pillar
Three pillars of the European Union
Between 1993 and 2009, the European Union legally consisted of three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 with the entry into force of the Treaty of Lisbon, when the EU obtained a consolidated legal...
to the first under the Amsterdam Treaty
Amsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
; Denmark's opt-outs from these areas were kept valid through additional protocols. Acts made under those powers are not binding on Denmark except for those relating to the Schengen Agreement
Schengen Agreement
The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
, which are instead conducted on an intergovernmental basis with Denmark. The citizenship opt-out stated that European citizenship did not replace national citizenship; this opt-out was rendered meaningless when the Amsterdam Treaty
Amsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
adopted the same wording for all members. Under the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
, Denmark can change its opt-out from a complete opt-out to the case-by-case opt-in version applying to Ireland and the United Kingdom whenever they wish.
Polls and analyses
A poll from early June, 2008 saw a clear majority in favour of repealing the defence and judicial issues opt-outs, a very close race regarding the euro and a clear majority against repealing the citizenship opt-outs.Following an increase in support for abolishing the opt-outs, support dropped in mid-May 2009; in January 2009, 49.8 % were in favour of having the Euro as Danish currency, dropping to 45.2% against and 43.7% in favour in May 2009. Support for abolishing opt-outs on legal and defence cooperation has also dwindled to equal numbers pro and against.
Afterwards support for abolishing the opt-outs increased again. As of October 2009, there was a majority in favour of abolishing each one of the four opt-outs, the only difference being in the size of majority:
Absolute majorities are were in favour of entering the Eurozone (50% in favour, 43% opposed) and of a Common European Defence (66% in favour, 21% opposed).
There were relative majorities in favour of judicial cooperation (47% in favour, 35% opposed) and European Citizenship (40% in favour, 30% opposed).
When asked, how they would vote when they had to decide about all four opt-outs in a package, a relative majority of 42% would vote in favour of abolishing the opt-outs and 37% would vote in favour of keeping the opt-outs.
Following the European sovereign debt crisis, particularly the financial market turmoil of 2011, support for the euro dropped dramatically.
The social liberal broadsheet
Broadsheet
Broadsheet is the largest of the various newspaper formats and is characterized by long vertical pages . The term derives from types of popular prints usually just of a single sheet, sold on the streets and containing various types of material, from ballads to political satire. The first broadsheet...
Politiken
Politiken
Politiken is a Danish daily broadsheet newspaper, published by JP/Politikens Hus.The newspaper comes third among Danish newspapers in terms of both number of readers and circulated copies ....
is in favour of the referendum and supports a case-by-case vote on all four issues; it sees the possibility to break the "yes-or-no" deadlock over EU politics in Denmark. The liberal conservative broadsheet
Broadsheet
Broadsheet is the largest of the various newspaper formats and is characterized by long vertical pages . The term derives from types of popular prints usually just of a single sheet, sold on the streets and containing various types of material, from ballads to political satire. The first broadsheet...
Jyllands-Posten
Jyllands-Posten
Morgenavisen Jyllands-Posten , commonly shortened to Jyllands-Posten or JP, is a Danish daily broadsheet newspaper. It is based in Viby, a suburb of Århus, and with a weekday circulation of approximately 120,000 copies, it is among the largest-selling newspaper in Denmark...
is also in favour of abolishing all four opt-outs.