Retsafgørelse

Retsafgørelse is a Danish legal term that refers to a formal decision issued by a court or another body with legal authority that resolves a dispute or determines a party’s rights, obligations, or duties. The term is used to describe binding rulings that can take the form of final judgments as well as interim or procedural orders.

Scope and forms: Retsafgørelser occur in civil, criminal, administrative, and regulatory contexts. In court proceedings, a retsafgørelse may appear as a dom (judgment) or as a kendelse (order) depending on the nature and stage of the ruling. Administrative authorities can also issue retsafgørelser when deciding matters such as benefits, permits, sanctions, or other legal rights and obligations.

Contents and grounds: A retsafgørelse states the operative part (what is decided) and the legal grounds (the facts and law relied upon). It reflects the court or authority’s assessment of the evidence, applicable statutes, and legal principles, and explains how the decision will affect the parties involved.

Effects and enforcement: The decision is binding on the parties and enforceable under Danish law. It may require actions to be taken, payments to be made, or certain conduct to cease, and non-compliance may lead to enforcement measures or penalties.

Appeals and review: Most retsafgørelser are subject to appeal or review procedures within prescribed time limits and under defined conditions, typically to a higher court or an appellate authority. Some administrative decisions have specific appeal routes outside the court system.

Publication and privacy: Decisions are generally part of public records, though personal data may be redacted or protected in accordance with privacy rules and legal requirements.