Danish opt-outs from the European Union in the context of "Opt-outs in the European Union"

⭐ In the context of opt-outs within the European Union, which of the following accurately reflects the current situation regarding Denmark's participation in EU policies?

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⭐ Core Definition: Danish opt-outs from the European Union

Denmark holds opt-outs from European Union policies in relation to police and justice and the adoption of the euro. They were secured under the Edinburgh Agreement in 1992 after a referendum for the ratification of the Maastricht Treaty was rejected by Danish voters, as a package of measures to assuage concerns raised during that referendum.

The Danish government has held three referendums on modifying its opt-outs. The first in 2000 rejected the adoption of the euro by 53.2% to 46.8% on a turnout of 87.6%. The second in 2015 rejected converting Denmark's current full opt-out on home and justice matters into a case-by-case opt-out similar to that held by Ireland and the United Kingdom (the latter until its exit from the EU) by 53.1% to 46.9%. The third in 2022 abolished the defence opt-out with 66.9% voting yes, and 33.1% voting no.

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👉 Danish opt-outs from the European Union in the context of Opt-outs in the European Union

In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas. Currently, three states have such opt-outs: Denmark (two opt-outs), Ireland (two opt-outs) and Poland (one opt-out). The United Kingdom had four opt-outs before leaving the Union.

This is distinct from the enhanced cooperation, a measure introduced in the Treaty of Amsterdam, whereby a minimum of nine member states are allowed to co-operate within the structure of the European Union without involving other member states, after the European Commission and a qualified majority have approved the measure. It is further distinct from the Mechanism for Cooperation and Verification, whose lifting is conditional on the relevant member states meeting certain benchmarks, and temporary derogations from certain areas of cooperation (such as the Schengen Agreement and the eurozone) until the relevant member states satisfy the entry conditions.

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In this Dossier

Danish opt-outs from the European Union in the context of 2015 Danish European Union opt-out referendum

A referendum on one of the country's opt-outs from the European Union was held in Denmark on 3 December 2015. Specifically, the referendum was on whether to convert Denmark's current full opt-out on home and justice matters into an opt-out with case-by-case opt-in similar to those held by Ireland and the United Kingdom. Approval of the referendum was needed for Denmark to remain in Europol under the new rules. However, it was rejected by 53% of voters.

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Danish opt-outs from the European Union in the context of 2022 Danish European Union opt-out referendum

A referendum on the abolition of the defence opt-out, one of the country's opt-outs from the European Union, was held in Denmark on 1 June 2022. The referendum was announced on 6 March 2022 following a broad multi-party defence agreement reached during the 2022 Russian invasion of Ukraine. The referendum was approved with the "Yes" side securing approximately two-thirds of the vote.

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