From The Constitution Committee concerning the decision of the High Court

PRESS RELEASE, April 10, 2007

On April 11, 2007 The High Court of Eastern Denmark will announce its judgement as to whether 26 Danes, who have filed a case against the Prime Minister for violation of the constitution by involving Denmark in the aggression war against Iraq, can take this case in court. The plaintiffs are confident that the court will grant them ‘legal interest’.

A group of 26 citizens filed a lawsuit against the Prime Minister in the autumn of 2005 stating that Denmark’s participation in the unprovoked war against Iraq was anti-constitutional and in this respect one of the worst cases in newer Danish History. The lawyer representing the Prime Minister has pleaded for dismissal of the lawsuit because the plaintiffs lack ‘legal interest/qualification’.

On the other hand, the plaintiffs take it for granted that they have legal interest in this case when living in a democratic law society and they count on agreement by the High Court. They believe that all Danish citizens have a direct interest as to observation of the constitution. If citizens suspect that a Prime Minister has violated the constitution and started an illegal aggression war (including all the disastrous consequences we have witnessed and still see unfold), the legal system of a democratic society must absolutely state an example. The constitution concerns everyone and must be respected.

If, contrarily to our expectations, the High Court should decide to follow the claim of dismissal, the plaintiffs will be left with no other alternative than an immediate appeal to the Supreme Court. Under all circumstances the defendant’s delaying manoeuvres must then be expected to come to an end, to open the gate for the necessary statement of the constitutional violation of the aggressive war.