Digitalisation-ready legislation in Denmark: When political ambitions meet reality

Abstract

In 2018, Denmark was one of the first countries in the world to have a declared policy on digital-ready legislation, which is based on an agreement between all parties in the Danish Parliament. The intention is that legislation should be drafted in such a way that it provides framework conditions for a fully or partially digital public administration, where technology supports better and more efficient task solving. Based on the legislative realization and implementation of the politically high-profile, so-called "Early Pension" ("Arne-Pension"), the article examines what happens when the ambitions for digital-ready legislation meet reality. Early Retirement is particularly interesting because the importance of objective criteria was already emphasized as part of the political promotion of the idea. The article is based on analysis of, e.g., political agreement texts, bills, legislation, preparatory works and documents from the authorities involved. The conclusion is that the ambition of digital-ready legislation is challenged by the fact that the social reality to which the legislation is to be applied is not simple and straightforward, and it is therefore difficult in practice to formulate simple and objective rules. In addition, the implementation of digital-ready legislation necessitates a thoroughness and detailed knowledge of data and technology, which is challenged by the increasing speed of legislative processes. The article emphasizes the importance of the interaction between the legislative process and the ambition of digital-ready legislation, just as it emphasises the need for this interaction to be subject to public as well as scholarly debate.