ARTICLE
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2,50 €

Constitutional Law / Droit constitutionnel 2007 Denmark / Danemark

Pages
16
2009 / Vol. 21, No. 2, (72)
Digital Edition

Constitutional Law / Droit constitutionnel

Denmark / Danemark

Michael Hansen Jensen

Professor at the University of Aarhus, Faculty of Law

 

In its judgment of 7 November 2007 the Supreme Court came very close to ruling that a provision in the Law on non-profit housing concerning trial arrangement to sell housing organisation-owned family homes to their tenants was contrary to Ar­ticle 73 of the Danish Constitution on the protection of private property and there­fore invalid - even though the wording of Article 73, its background documenta­tion and its purpose did not point clearly in the direction of an assumption of ex­pro­priation. The chronicle analyses the Supreme Court’s assessment of whether the provision in the Law on non-profit housing had the character of an expropriation. Further the chronicle analyses the reasons behind the minority of the Supreme Court finding that the expropriative nature of the provision in the Law on non-profit housing meant that the trial arrangement to sell housing organisation-owned family homes to their tenants was invalid. And thirdly the chronicle compares the judgment to the traditional approach of Danish courts examining the constitution­ality of legislation.

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