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Resumen de Denmark's Maastricht ratification case: some serious questions about constitutionality

Hjalte Rasmussen

  • When the Danish Supreme Court by mid‐Spring of 1998 hands down its second and final judgment in the Danish Maastricht Ratification case the judgment will generate repercussions both for the European Union, for Denmark's membership of it and for the Danish – and perhaps even the Community's – legal systems. The Supreme Court's first Maastricht Ratification judgment dates from 12 August, 1996. The Court then, against all expectations, admitted the case for a hearing on its merits and ordered the lower court to reopen the proceedings of the case to make this possible. This paper does briefly describe the decisional alternatives available to the Supreme Court. Its main purpose however, is to chart out the complicated Danish politico‐constitutional background of the case and to focus on the genesis and nature of the case's conflict between the Community and Danish law.


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