Danish MP to Sue State Over US Defence Pact Deemed Unconstitutional
The Danish state is bracing for a significant legal challenge over a defence agreement with the United States, signed in 2023 under the Biden administration and approved by parliament last year. Independent MP Theresa Scavenius intends to file a lawsuit, arguing the pact violates Denmark's constitution by granting the US sweeping powers on Danish soil.
Constitutional Concerns and Sovereignty Issues
The agreement provides the US with "unhindered access" to Danish airbases in Karup, Skrydstrup, and Aalborg, and allows American soldiers and military police authority over Danish civilians at these locations and beyond. Scavenius contends this delegation of power to foreign governmental bodies or soldiers is explicitly prohibited under Danish law.
"The law is unconstitutional because it delegates authority to the US governmental bodies or soldiers on Danish territory over Danish civilians. That is explicitly not allowed in our constitution," Scavenius stated. The Danish constitution permits transferring sovereignty to "international authorities" only with a constitutional amendment requiring five-sixths parliamentary support, which this defence agreement lacks.
Heightened Tensions and Diplomatic Implications
This legal action comes amid strained relations between Denmark and the US, exacerbated by former President Donald Trump's threats to invade Greenland, a part of the Kingdom of Denmark. These statements triggered a diplomatic crisis and led to European countries deploying soldiers to Greenland. Critics argue the Trump administration's rhetoric indicates a willingness to use force on civilians, though the defence agreement does not apply to Greenland.
Scavenius emphasised the urgency of resolving constitutional matters before commencing negotiations over Greenland. "It was essential that any constitutional matters be resolved urgently before beginning negotiations over Greenland," she noted.
Parliamentary Approval and Government Defence
Despite strong criticism from politicians and human rights experts, the Danish parliament overwhelmingly passed the defence agreement in June 2025. Prime Minister Mette Frederiksen defended the pact, stating tensions with the US made maintaining close ties even more crucial.
"The problem is not too much involvement from the US in Europe," Frederiksen said. "On the contrary, the risk is that the US will withdraw and move troops away or stop donations to Ukraine." The government maintained the agreement does not surrender Danish sovereignty or violate the constitution.
Human Rights and Legal Ramifications
The Danish Institute for Human Rights has raised alarms, warning the agreement could allow US soldiers to stop demonstrations outside their bases and prevent Denmark from prosecuting them for excessive force. Senior researcher Peter Vedel Kessing explained, "If the bill is passed and American soldiers carry out illegal acts in Denmark, it will be beyond Danish control and outside the reach of the Danish legal system to prosecute such actions."
Scavenius has submitted a request for free legal aid, a process expected to take several weeks, after which she plans to proceed with the lawsuit. The Danish defence ministry acknowledged an expected claim but declined further comment, stating, "As the ministry has not received such a claim at this time, the ministry has no comment."
This legal battle underscores broader debates about national sovereignty, international alliances, and the balance between security cooperation and constitutional integrity in an increasingly volatile geopolitical landscape.
