Are referendum results binding?
Denmark
Answer
- Mandatory referendum - always
- Optional referendum - always
- Only in the case of consultative referendums the results may not be binding.
Source
Constitution (1953)
Section 42
[…]
(5) At the referendum votes shall be cast for or against the Bill. For the Bill to be rejected, a majority of the electors who vote and not less than thirty per cent of all persons who are entitled to vote shall have voted against the Bill.
Comment
As consultative referenda are not mentioned in the CA, the Danish Parliament can at all times decide to hold them. As is evident from the term “consultative”, the Danish Parliament is not bound to abide by to the outcome of such a referendum. If the decision is to be binding, the provisions of the CA must be observed.
A consultative referendum has only been held once, i.e. in 1986 when a vote was held on the EC package.
