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Helle Krunke
The main legal question in the judgment of 20 February 2013 of the Danish Supreme Court in Case 199/2012 was which procedure Denmark should have followed for approving the Lisbon Treaty. The Constitutional Act of Denmark (Grundloven henceforth the Constitution) set out two different procedures for Danish participation in international cooperation. By prescribing different degrees of involvement for Parliament and the electorate, the two procedures reflect differences in the intensity of the cooperation. However, the case also raises some broader questions about the separation of powers between the legislature and the courts, about the role of the people and the concept of democracy, about constitutional interpretation (and how and who should interpret), about the grey areas between political and legal statements, and about constitutional identity and the need for constitutional revision
