A defense agreement granting the US "unrestricted" access to air bases and jurisdiction over US troops on Danish territory is pushing Copenhagen into the risk of facing legal action.
The incident took place in the context of increasing diplomatic tensions related to Greenland, which could further complicate exchanges between Denmark and the United States.
The agreement was signed under the administration of President Joe Biden in 2023 and passed by the Danish Parliament last year. This document allows the US military to have unrestricted access to Danish air bases, while placing US soldiers under US jurisdiction instead of the local legal system.
Since then, incumbent US President Donald Trump has repeatedly issued threatening statements about intervening in Greenland - an autonomous territory of the Kingdom of Denmark - triggering a diplomatic crisis between the two long-time allies. Some European countries have even deployed troops to Greenland amid escalating tensions.
Although the agreement does not apply directly to Greenland, critics argue that statements from Mr. Trump show that the US may be ready to use force, raising concerns about sovereignty and civil safety.
Independent MP Theresa Scavenius announced that she would sue the Danish state arguing that this agreement is unconstitutional. According to the Danish Constitution, the transfer of sovereignty to "international bodies" is only carried out when there is a constitutional amendment with the support of at least 5/6 parliaments - which the above-mentioned defense agreement does not meet.
Ms. Scavenius argued that the document empowered government agencies and US soldiers on Danish territory over Danish citizens, which is "clearly not allowed by the constitution". She emphasized that all constitutional issues need to be resolved urgently before any negotiations related to Greenland begin.
Despite criticism from many politicians and human rights experts, the Danish Parliament still voted to pass the agreement in June 2025 with an overwhelming majority.
The agreement allows US soldiers to use bases in Karup, Skrydstrup and Aalborg, and grants them and US military police powers over Danish civilians inside and outside the base area.
The Danish government then affirmed that the agreement did not harm national sovereignty and did not violate the constitution. Danish Prime Minister Mette Frederiksen said that in the context of increasing tensions, maintaining close relations with the US is necessary.
However, the Danish Institute for Human Rights warned that the agreement could allow US soldiers to prevent protests outside their bases and make it impossible for Denmark to prosecute if excessive use of force occurs.
The Danish Ministry of Defense said it has noted the possibility of lawsuits but declined to comment further as official documents have not been received.
