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Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

Code:
RED13
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
13/01/2012 - 16:59
Short Answer

Yes.

Qualitative Info

Within the scope of Directives 2000/43/EC and 2000/78/EC Danish law has implemented a "shared burden of proof", also termed "qualified reversed burden of proof", which is applied by the specialized body and the courts. Whether these special rules of evidence are always being applied correctly in civil and administrative procedure is a debatable point.

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