Country Profile: Denmark

AuthorNaldini, Andrea; Pompili, Marco; Peruccacci, Eleonora
Pages131-134
131
7.COUNTRY PROFI LE: DENM ARK
7.1.Section 1- Nat ional rules for t he evaluat ion of State aidschemes
7.1.1.Obligation or lack ther eof to evaluate
There are no general legal obligations to evaluate public policies in Denmark. This
means that there are no lawconcerning the requirement t o evaluate public policies in
general. However, m ultiple laws on specific policies contain an obligation to evaluate.
In Denmark there is a st rong cultu re concern ing the need t o ev aluate pu blic policies to
secure legit imacy. This means t hat most of the public policies, project s and funds will
include arequirement to be evaluated in the initial agreements and subsequentlaw.
The Rigsrevisionen (an independent institution placed under the Danish Parliament)
au dit s t he S tat e b udg ets and bu dget s f or pub licly f inan ced com pani es i n De nm ark . Th ey
only examineaccount ings.
In Denmark, the legal regulation related to the State aidarea is limited and in most
cases the EU law takes precedence. With the State aidModernisation (SAM) initiative
the Eur opea n Com missio n d efin ed n ew prin cipl es an d r equire men ts guid ingSta te aidin
the EU. Since 2016, bot h th e requ irem ent s r egar din g ev alua tio ns on Sta te aidSchem es
and the transparency requirementwere implemented in Denmark according to the
Commission’s guidelines. Before 2016, there were no national laws prescribing
evaluat ions of State aidsch emes.
7.1.2.Procedu res to en force the o bligation
As of 2020, ther e are n o national legal requirement s to und ertake evaluations ofSt ate
aidin Denmark. The implementation of the EU requirement to evaluate aid over the
am ount ofEUR 1 50 milli on is t her efor e t he only legal req uir ement to eva luat e St ate ai d
schemes121. However, in Denmark a State aidscheme will be presented in a political
agreement. The agreement will usually include a description of the obligation to
evalu ate the schem e. Political agreem ents are not bin ding, but th ey most oft en lead up
to a law. Only if the law contains an obligation to evaluate, the evaluat ion is binding.
Generally, there exists a strong cultur e for evaluation in Denmark and most of the big
projects and init iatives are evaluated both on a national and a local level. The Danish
St ate aid syst em is how eve r t o a lar ge ext en t b uil t a rou nd tr ust an d n o le gal pr ocedu res
are m ade to enforce th e EU obligat ion to evaluate.
7.2.Section 2- Nat ional authorit ies responsible f or th e evaluat ion of State aid
7.2.1.Nat ional organ isation for State aid
In Denmark the State aidDivision at the Ministryof Business, Industry and Financial
Affairs are the central administration on matters of State aid. The State aidDiv ision
of fer s leg al a dvi ce t o t he nat ion al a war din g b odie s, e speci ally wh en th ere is d oub t a bou t
whether initiatives, legislation or public funding entail State aid. They do however not
evaluate St at e a idsch em es or syst em at ica lly m on ito r th e l egal r equ ire me nt s t o eva luat e
the larger systems of aid. The NCA (the Danish Consumer and Competition Authority )
is responsible for enforcing the national competition law, including for domestic
121The State aid Handbook, 2017. Accessed the 17.03.2020 at:
https://em.dk/media/10141/statsstoettehaandbog-2017.pdf

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