A Job for the Civil Servants: Denmark and European Law

Denmark’s approach to European law was distinct from most other member states in that it remained a largely administrative rather than judicial process. This chapter explores how Danish civil servants, rather than politicians or courts, managed Denmark’s interaction with European law, proactively shaping its application whilst also containing its implications. Denmark’s well-known reluctance toward European integration writ large is mirrored in its interactions with EU law, seeking to maximise economic benefits while limiting the in-roads on national sovereignty by supranational institutions. Danish courts were initially hesitant to engage with the ECJ, avoiding preliminary references. Despite this cautious approach, Danish governments pragmatically defended the ECJ’s authority in European institutions, recognising that a strong legal system could serve Danish interests as a small member state. The chapter concludes that while Denmark did not actively resist European law, it strategically managed its impact through administrative means rather than direct judicial or political engagement.