Denmark could face a legal challenge over a defence agreement that grants the United States extensive powers on Danish territory, raising concerns that the deal may violate the Danish constitution and complicate discussions with Washington regarding Greenland, reports Baltimore Chronicle with reference to Theguardian. The agreement, signed during the Biden administration in 2023 and ratified by the Danish parliament in 2025, provides the US with unrestricted access to Danish airbases and certain authority over US personnel and civilians on Danish soil.
The controversy intensified after former US President Donald Trump made remarks suggesting a potential military move on Greenland, part of the Kingdom of Denmark, which led to a diplomatic strain between Denmark and the US and prompted several European nations to deploy troops to Greenland.
Theresa Scavenius, an independent member of parliament, has announced plans to sue the Danish state, arguing that the agreement breaches the constitution. According to Danish law, sovereignty can only be transferred to international authorities through a constitutional amendment approved by five-sixths of parliament, a threshold the defence deal did not meet.
“The law is unconstitutional because it delegates authority to US governmental bodies or military personnel over Danish civilians within Denmark. This is explicitly prohibited by our constitution,” Scavenius explained to the press.
Although the agreement does not directly apply to Greenland, critics argue that statements from the Trump administration demonstrate a willingness to employ force, highlighting the potential risks of US military authority affecting civilians.
Despite political criticism and concerns raised by human rights experts, Danish MPs approved the defence pact overwhelmingly in June 2025. The agreement allows US forces to operate under American jurisdiction in Denmark, grants them access to airbases in Karup, Skrydstrup, and Aalborg, and extends powers to American soldiers and military police over Danish civilians at these bases and surrounding areas.
At the time of ratification, the Danish government maintained that the deal did not infringe on national sovereignty or the constitution. Prime Minister Mette Frederiksen emphasized the strategic importance of maintaining close ties with the US, particularly given tensions in Europe and support for Ukraine. “The problem is not too much US involvement in Europe. On the contrary, the risk is that the US will withdraw troops or halt aid to Ukraine,” Frederiksen stated.
Scavenius has requested free legal aid, a process expected to take several weeks before she formally files the lawsuit against the Danish state.
The Danish Institute for Human Rights has warned that the agreement could allow US soldiers to intervene in civilian demonstrations outside their bases and limit Denmark’s ability to prosecute any excessive use of force. Peter Vedel Kessing, a senior researcher at the institute, remarked, “If the bill is enforced and American soldiers commit illegal acts in Denmark, it will be beyond Danish legal control and outside our jurisdiction to hold them accountable.”
The Danish defence ministry acknowledged the potential legal action but declined further comment, stating, “As the ministry has not received such a claim at this time, the ministry has no comment.”
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