Danish European Union opt-out referendum, 2015
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A referendum on one of the country's opt-outs from the European Union was held in
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
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 The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
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.


Consequences in legislation


List of legislation

The following are EU-laws affected by the opt-outs, that the proponents wanted to opt into:


=Police and criminal law

= * Directive 2014/41/EU
EUR-lexeu.dk
, ''Direktivet om den europæiske efterforskningskendelse i straffesager'', regarding the European Investigation Order in criminal matters * Directive 2011/99/EU ( de)
EUR-lexeu.dk
, ''Direktivet om den europæiske beskyttelsesordre'', regarding the European protection order *
Regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
606/2013 6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second small ...
( de)
EUR-lexeu.dk
, ''Forordningen om den civilretlige beskyttelsesordre'', regarding the European protection order * Directive 2011/36/EU ( de)
EUR-lexeu.dk
, ''Menneskehandelsdirektivet'', regarding preventing and combating
trafficking in human beings Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extra ...
and protecting its victims * Directive
2011/92/EU 11/9 may refer to: * November 9, US and Asian style date *** Fahrenheit 11/9, an American documentary film * September 11, used in European style date ** The September 11 attacks, a series of four coordinated terrorist attacks in the United States ...

EUR-lexeu.dk
, ''Direktivet om seksuelt misbrug af børn'', regarding combating the sexual abuse and
sexual exploitation Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor, reducing a person to a s ...
of children and
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
* Directive 2013/40/EU
EUR-lexeu.dk
, ''Cybercrimedirektivet'', regarding attacks against information systems * Directive 2014/57/EU
EUR-lexeu.dk
, ''Direktivet om markedsmisbrug'', regarding criminal sanctions for
market abuse In economics and finance, market abuse may arise in circumstances where investors in a financial market have been unreasonably disadvantaged, directly or indirectly, by others who: * have used information which is not publicly available ( insider ...
* Directive 2014/62/EU
EUR-lexeu.dk
, ''Direktivet om falskmøntneri'', regarding the protection of the euro and other currencies against counterfeiting by criminal law


= Civil law and commercial law

= * Regulation 1346/2000 ( de)
EUR-lexeu.dk
, ''Konkursforordningen'', regarding
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet ...
proceedings * Regulation 1206/2001
EUR-lexeu.dk
, ''Bevisoptagelsesforordningen'', regarding cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters * Regulation 1896/2006
EUR-lexeu.dk
, ''Betalingspåkravsforordningen'', creating a European order for payment procedure * Regulation 861/2007
EUR-lexeu.dk
, ''Småkravsforordningen'', establishing a European Small Claims Procedure * Regulation 805/2004
EUR-lexeu.dk
, ''Forordningen om indførelse af et europæisk tvangsfuldbyrdelsesdokument for ubestridte krav'', creating a European Enforcement Order for uncontested claims * Directive 2008/52/EC ( de)
EUR-lexeu.dk
, ''Mæglingsdirektivet'', regarding mediation in civil and commercial matters * Regulation 593/2008
EUR-lexeu.dk
, * Regulation 864/2007
EUR-lexeu.dk
, * Regulation 662/2009
EUR-lexeu.dk
, ''Forordningen om bilaterale aftaler om lovvalgsregler'', establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries on particular matters concerning the law applicable to contractual and non-contractual obligations * Regulation 655/2014
EUR-lexeu.dk
, ''Kontosikringsforordningen'', establishing a
European Account Preservation Order Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictio ...
procedure to facilitate cross-border debt recovery in civil and commercial matters


=

Family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

= * Regulation 650/2012 ( de)
EUR-lexeu.dk
, ''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-lexeu.dk
, ''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-lexeu.dk
, ''Underholdspligtsforordningen'', regarding jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to
maintenance obligation The Maintenance Regulation (EC) No 4/2009, formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, is a European Union Regulat ...
s * Regulation 664/2009
EUR-lexeu.dk
, ''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

= * Europol
eu.dk
* PNR
eu.dk
*
Eurojust Eurojust is an agency of the European Union (EU) dealing with judicial co-operation in criminal matters among agencies of the member states. It is seated in The Hague, Netherlands. Established in 2002, it was created to improve handling of seriou ...

eu.dk


Campaign

A "yes" vote was supported by the governing Venstre, the
Social Democrats Social democracy is a political, social, and economic philosophy within socialism that supports political and economic democracy. As a policy regime, it is described by academics as advocating economic and social interventions to promote so ...
, 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 Danish People's Party ( da, Dansk Folkeparti, DPP/DF) is a nationalist and right-wing populist political party in Denmark. It was formed in 1995 by former members of the Progress Party (FrP). The DPP lent its support to the Venstre– C ...
, the Liberal Alliance, the
Red–Green Alliance In politics, a red–green alliance or red–green coalition is an alliance of "red" (often social-democratic or democratic socialist) parties with "green" (often green and/or occasionally agrarian) parties. The alliance is often based on commo ...
, the
People's Movement against the EU The People's Movement against the EU ( da, Folkebevægelsen mod EU) is a political association in Denmark against the European Union. It was founded in 1972 as a cross-party campaign platform for a 'no' vote in Denmark's referendum on EEC members ...
and the Young Conservatives.


Opinion polls


Results


Footnotes


References

{{Danish elections 2015 referendums 2015 in Denmark 2015 Referendums related to the European Union Denmark and the European Union December 2015 events in Europe 2015 in the European Union