A referendum on whether Denmark should step up its participation in EU police and judicial cooperation took place on Thursday 3 December 2015, with a turnout of 72%. The referendum concerned an opt-in version for 22 legislative acts related to cross-border crime, an arrangement currently enjoyed by both the UK and Ireland.

Background
The decision to hold the referendum was taken by former Prime Minister Helle Thorning-Schmidt, after a terrorist attack in Copenhagen in February 2015. She stressed the increasing importance of being part of cross-border police cooperation. The new Prime Minister, Lars Løkke Rasmussen, moved the referendum to 3 December 2015.

After Danish voters rejected the Maastricht Treaty in June 1992, Demark was granted opt-out clauses on the euro, defence, and justice and home affairs.

The arrangement allowed Denmark to maintain its strict immigration policies while participating in other areas of judicial cooperation. As such, Denmark is a member of Europol, the intergovernmental European agency used in the fight against organised crime, trafficking and terrorism. Following 2009’s Lisbon Treaty, Europol will next year become a supranational agency, controlled by EU Justice and Home affairs Ministers. This meant Denmark may have had to leave the organisation (Europol) due to its opt-out. The referendum proposed an ‘à la carte’ solution similar to that used by Britain and Ireland, where Danes were asked to decide whether the country should to opt in to 22 pieces of EU legislation relating to justice and home affairs. Participation in future measures would then be decided on a case-by-case basis.

The Debate
A majority of parties in the Danish parliament approved the principle of a referendum, despite the opposition of the Eurosceptic, anti-immigration Danish People’s Party (DPP). The DPP claimed Denmark risks losing control over its immigration policy; a strong argument for voters worried that Denmark could be forced to accept obligatory EU refugee quotas in the future.

The ‘Yes’ camp, led by Prime Minister Lars Løkke Rasmussen of the Venstre Party as well as the opposition Social Democrats, advocated for international coordination in the fight against cross-border crime, including violent extremism.

The Result
53.1% of Danes voted against adopting the opt-in arrangement, with 46.9% supporting it on a turnout of 72%.

Many pro-EU Danish parliamentarians regretted the outcome of the referendum. This loss adds to the a number of similar results in referendums and European Parliament elections for pro-EU Parties in Denmark.

Prime Minister Rasmussen is due to meet EU ministers next week to discuss if Denmark can strike a deal over cross-border policing.