The Communist Law or The Law on Prohibition Against Communist Associations and Communist Activities was an unconstitutional piece of
Danish legislation passed under
Nazi occupation on 22 August 1941 which banned the
Communist Party of Denmark and other communist parties and organisations in Denmark. The Communist Law was a Danish adoption of the international
Anti-Comintern Pact.
Prehistory
The communist party was allowed to continue its activities after German troops had
invaded Denmark on 9 April 1940. Prior to the occupation, Danish secret police had registered active communists. After the occupation these registries was turned over to the German authorities.
On 22 June 1941
Germany declared war on the
Soviet Union and the German occupation authorities in Denmark demanded the arrest of leading Danish communists. The names of those communists came from the registries that had been handed over by Danish police. The police arrested 295 communists including communist members of parliament.
There was no warrant for these arrests in Danish law and on 22 August 1941 the Communist Law was passed unanimously in parliament and signed by king
Christian X with retroactive effect.
Constitutionality
The Communist Law was a violation of several parts of the
Constitution of Denmark, hereunder the
freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
,
freedom of association, the inviolability of parliament and the demand for a jury in political trials.
In the 1953 constitutional reform, a new section was added to the Danish constitution which explicitly forbids incarceration on grounds of political views alone and thus a new Communist Law.
Cultural references
The novel ''Frydenholm'' by
Hans Scherfig
Hans Scherfig (April 8, 1905 – January 28, 1979) was a renowned Danish writer and artist.
His most famous works of literature include '' Stolen Spring'', ''Frydenholm'', ''Idealists'', and ''The Scorpion'', the last of which was published in ...
tells a fictionalised account of the incarcerated communists.
See also
*
Horserød camp
Horserød Camp (also Horserød State Prison, Danish: ''Horserødlejren'' or ''Horserød Statsfængsel'') is an open state prison at Horserød, Denmark located in North Zealand, approximately seven kilometers from Helsingør. Built in 1917, Ho ...
Sources
* Kaarsted, Tage (1977). ''De Danske Ministerier 1929–1953'', Copenhagen. pp. 173 ff. .
* {{cite web, url=http://www.folkedrab.dk/sw52375.asp, title=Kommunistlejren
he Communist Camp, website=Folkedrab.dk, date=23 September 2015 , publisher=
Danish Institute for International Studies (DIIS) , language=Danish, accessdate=1 March 2016
1941 in Denmark
Politics of World War II
20th century in Danish law
Anti-communism