Since late 2005 and onward, a gradual reform on the structure and functions of the lower courts has been made.
The reform of courts will result in fewer but larger district courts. The 82 present jurisdictions will on January 1, 2007 be merged into only 24 jurisdictions. The new and larger district courts with at least 6-8 judges in each court are necessary to carry out the new tasks that will be assigned to the district court level in the future.
The purpose of these changes is to gain higher quality, reduce the time to review each case and move the case load from the high courts to the district courts.
Today, actions regarding claims of more than DKK 1.000.000 (app. EUR 133.333), as well as actions concerning judicial review of decisions by ministries and certain administrative tribunals, can be brought before the high court at first instance. In the future, the district courts will be the court of first instance in all cases, except that actions involving a legal issue of principle may be referred to the high court, but only if requested by one of the parties.
Jury trials will also be subject to the changes. This will result in a two-tiered trial with jurors system, where the most serious offenses are tried with jurors in first instance in the district court with the possibility of a retrial with jurors on appeal to the high court. Thus, in the future, the question of the guilt of the accused will be subject to review on appeal.
Today, civil disputes heard by a district court are always decided by a single judge. In future, the district court will sit in panels of three judges in certain civil cases. The new rules also open up for more use of lay judges (with expertise in the particular field concerned).
As a supplement to the already existing rules concerning simple debt collection cases with a lower value than 50.000 Dkr. (app. EUR 6.700), the new rules also introduce simplified legal action for cases, where the claim is small, but the debtor denies the claim (Small claims procedure).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.