Challenges
Political and campaign financing
Denmark lacks transparency in
private contributions to political parties and parliamentary candidates. The
opaque environment thrives from inadequate legislation
that enables weak public disclosure. Private donations above 20,000 DKR
(US$3,609) must disclose the donor’s name – however, not the amount given. In
addition, individuals can remain anonymous if they donate through affiliated
foundations. This loophole also exists if private donations are given in increments of less
than 20,000 DKR.
Political donations and gifts also
lack strong regulations. The grey area surrounding the receiving of gifts has
yet to be adequately defined. The Danish media have accused top officials and Members of Parliament (MPs) of attending
undisclosed trips, concerts and dinners, paid for by private contractors.
Access to information
Denmark’s access
to information law is outdated. The wide range of ‘exceptional case’
provisions enables public bodies to deny access to information or to delay
legitimate enquiries. At the same time, several
studies show that current right to information legislation is not respected
in practice. Deadlines for applicants’ requests for information are only met in
half
of the cases and only
30% of requests for information to the Prime Minister’s Office and Ministry
of Justice are completed in the required 10-day deadline.
Public and private sector
executives’ limited understanding of their obligation to disclose
information to the public leads to major weaknesses in accountability.
Whistleblower protection
Denmark does not have a dedicated
whistleblower protection law or regulation. There is also no dedicated
whistleblowing body to advise and protect whistleblowers. Instead, the Danish
labour market has been regulated by voluntary agreements on pay and working
conditions between employees and their organisations, otherwise known as the Danish Labour Market Model.
The laws on citizens’ freedom of
speech and employees’ right and duty to inform the public on irregularities are
fragmented. These laws are scarce and the case law is limited. And although
public employees’ freedom of speech is generally considered to be better
protected legally than their counterparts in the private sector, whistleblowing
bodies and support are more advanced in the private sector.
Positive developments
Transparency in politics
In 2009 Parliament introduced the Openness Scheme,
which aims to improve the transparency of MPs’ expenses and activities. It
provides an agreement between a broad range of political parties that
MPs must publish information on their monthly spending, activities in
entertainment, travel expenses, received gifts, official representations, and
prospective official activities.
Together with the Code of Good Practice in the Public Service, the new
transparency mechanism aims to ensure effective monitoring of MPs’ conduct and
use of public resources.
Open government
Denmark is a participating country
in the Open
Government Partnership. The initiative’s aim is to promote good governance
and to strengthen democracy. As a participant, Denmark commits
itself to modernising the public sector and improving the management of public
resources. This is done by increasing, among others: transparency in public
decision processes, anti-corruption and accountability mechanisms, citizen
participation, and dialogue with civil society.
A key driver is the utilisation of
new technologies and media so that government information and technology is
available to citizens and businesses. In effect, the government aims to address
citizens’ needs and concerns.
Corporate responsibility
A new mediation and complaints
institution for corporate responsibility was adopted by Danish parliament. This
independent body has the mandate
to investigate corruption allegations and make recommendations to ensure
compliance. The OECD also notably welcomed the creation of the institution.
The formation of the institution
was part of the government’s 2012-2015 Action Plan for Corporate Social Responsibility.
In it, the government recognises the need for increased efforts to promote
Danish companies' global accountability to labor and human rights,
international environmental standards and the fight against corruption.
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