The Denmark is about to introduce a new law regulating the use of foreign flags on its territory. The aim is to protect the Danish flag as a national symbol (already regulated by a measure from 1915), but will still allow the use of foreign flags in specific contexts.
Furthermore, not all flags will be subject to these restrictions, maintaining a certain flexibility and respect for international relations.
Details of the Law
According to the Danish Minister of Justice, Peter Hummelgaard, Denmark will introduce a law for limit the use of foreign flags on the national territory. This initiative was born from the desire to protect the Dannebrog, the Danish flag, considered the “most important national symbol”. Hummelgaard clarified that the new regulation will not completely ban the use of foreign flags, but will regulate their use, allowing their display during demonstrations, sporting events and other events.
The peculiarity of the measure is that the law will not apply to the flags of the Nordic countries: the flags of Greenland, the Faroe Islands, Germany and international organizations are therefore exempt. Embassies will retain the right to display the flags of their countries.
The restrictions are expected to come into force on January 1stafter approval by Parliament.
The Reasons for This Law: The Story of Martin Hedegaard
It may seem like a bizarre measure, but this initiative has reasons. The issue of foreign flags has become a topic of public debate after a Danish citizen displayed a flag in his garden: years ago Martin Hedegaard (a citizen of Kolding) was reported to the police for displaying the flag of the United States. She raised the Stars and Stripes flag in her garden in the town of Nr Bjert in Jutland in 2018.
In the district court, Martin Hedegaard was acquitted because the court did not find that there is a law in Denmark that prohibits it. The verdict was appealed to the High Court of Vestre Landsret, which instead ruled that Hedegaard’s flag-raising was illegal. So the case ended at Supreme Court, which has now issued a ruling in his favor. With this Supreme Court ruling, a 1915 law is repealed.
The 1915 law that banned flags in Denmark is no longer valid
The Supreme Court of Denmark has therefore ruled that the protocol of 1915 (which regulated such exposures) could not be applied in the Hedegaard case, setting a crucial precedent.
The protocol referred to concerns the use of foreign flags in Denmark and was introduced during WWI to maintain the neutrality of the country. This regulation, which is not a real law, prohibited the display of the flags of belligerent nations to avoid political and military implications.
The reasons are easy to understand: Denmark was neutral at the time and did not want to get involved in the war. Therefore, the then Minister of Justice, Carl Theodor Zahle, stressed that no foreign flags (especially those of belligerent nations) should be hoisted. The rule was modified over time to include only a few exceptionslike the flags of the Nordic nations, as already specified.
What is the situation today?
Schaumburg-Müller, professor of law at the University of Copenhagen, told TV2 Syd:
The sentence is fair and well-founded. The Supreme Court says there must be a clear basis when sentencing a citizen, and that is not the case.
And he continues by saying that:
The Supreme Court writes that in general the flags of foreign countries can be raised. Allows exceptions. For example, you may not be able to raise the Russian flag because we are indirectly at war with Russia.
So Peter Hummelgaard will not be convicted. However, after this event, the debate sparked in the nation, expressing the need for new regulation. The Ministry of Justice is expected to present a draft law on reporting in the autumn.
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