Danish MP Launches Legal Battle Against US Defense Pact
Denmark is confronting a potential constitutional crisis as independent MP Theresa Scavenius prepares to take legal action against the state over a controversial defense agreement with the United States. Signed in 2023 under the Biden administration and approved by the Danish parliament in June 2025, this pact grants the US "unhindered access" to Danish airbases and extends American military authority over Danish civilians on Danish soil.
Constitutional Concerns and Sovereignty Issues
Scavenius argues that the agreement violates the Danish constitution, which permits transferring sovereignty to "international authorities" only with a constitutional amendment requiring five-sixths parliamentary support—a threshold the defense deal did not meet. "The law is unconstitutional because it delegates authority to US governmental bodies or soldiers over Danish civilians, which is explicitly not allowed," she stated. Critics warn this could set a dangerous precedent, especially given former President Donald Trump's threats to invade Greenland, a Danish territory, which have already strained diplomatic relations and prompted European military deployments to the region.
Implications for Greenland Negotiations
While the agreement does not directly apply to Greenland, Scavenius emphasizes that resolving these constitutional matters is urgent before any negotiations with Washington over Greenland proceed. The Trump administration's past statements on Greenland have raised fears that the US might use force against civilians, heightening the stakes. Despite strong opposition from politicians and human rights experts, the Danish parliament overwhelmingly supported the pact, with Prime Minister Mette Frederiksen defending it as necessary to maintain close US ties amid global tensions, such as support for Ukraine.
Human Rights and Legal Ramifications
The Danish Institute for Human Rights has expressed concerns that the agreement could allow US soldiers to suppress demonstrations near their bases and evade Danish prosecution for excessive force. Senior researcher Peter Vedel Kessing noted, "If American soldiers commit illegal acts in Denmark, it will be beyond Danish control and outside the reach of our legal system." Scavenius has applied for free legal aid, with a lawsuit expected to follow in the coming weeks, while the Danish defense ministry has acknowledged the potential claim but declined further comment pending formal receipt.
