2015 Danish European Union opt-out referendum


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.

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,,, Direktivet om den europæiske efterforskningskendelse i straffesager, regarding the European Investigation Order in criminal matters
  • Directive 2011/99/EU,,, Direktivet om den europæiske beskyttelsesordre, regarding the European protection order
  • Regulation 606/2013,,, Forordningen om den civilretlige beskyttelsesordre, regarding the European protection order
  • Directive 2011/36/EU,,, Menneskehandelsdirektivet, regarding preventing and combating trafficking in human beings and protecting its victims
  • Directive 2011/92/EU,,, Direktivet om seksuelt misbrug af børn, regarding combating the sexual abuse and sexual exploitation of children and child pornography
  • Directive 2013/40/EU,,, Cybercrimedirektivet, regarding attacks against information systems
  • Directive 2014/57/EU,,, Direktivet om markedsmisbrug, regarding criminal sanctions for market abuse
  • Directive 2014/62/EU,,, Direktivet om falskmøntneri, regarding the protection of the euro and other currencies against counterfeiting by criminal law
    Civil law">Civil law (common law)">Civil law and [commercial law]
  • Regulation 1346/2000,,, Konkursforordningen, regarding insolvency proceedings
  • Regulation 1206/2001,,, Bevisoptagelsesforordningen, regarding cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
  • Regulation 1896/2006,,, Betalingspåkravsforordningen, creating a European order for payment procedure
  • Regulation 861/2007,,, Småkravsforordningen, establishing a European Small Claims Procedure
  • Regulation 805/2004,,, Forordningen om indførelse af et europæisk tvangsfuldbyrdelsesdokument for ubestridte krav, creating a European Enforcement Order for uncontested claims
  • Directive 2008/52/EC,,, Mæglingsdirektivet, regarding mediation in civil and commercial matters
  • Regulation 593/2008,,, Rom I-forordningen om lovvalg inden for kontrakt
  • Regulation 864/2007,,, Rom II-forordningen om lovvalg uden for kontrakt
  • Regulation 662/2009,,, 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,,, Kontosikringsforordningen, establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters
    [Family law]
  • Regulation 650/2012,,, 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,,, Bruxelles IIa-forordningen, regarding jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility
  • Regulation 4/2009,,, Underholdspligtsforordningen, regarding jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
  • Regulation 664/2009,,, 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,
  • PNR,
  • Eurojust,

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.