STRØBYE AND ROSENLIND v. DENMARK JUDGMENT reason for declaring a person legally incompetent under section 2 of the current Act on Legal Competence must extend beyond limited mental faculties or mental capacity, such as bibulousness, bodily deficiency, illness or another infirmity. Moreover, as mentioned above in parts 2 and 4, by no means everyone with limited mental capacity is declared legally incompetent. Against this background, Max Sørensen [a Danish professor of constitutional law, international law and a judge] mentions that the rational arguments for section 29 of the Constitution are weak and that the provision can only be understood in view of the historical development, as the 1849 Constitution and the 1866 Constitution disenfranchised persons barred from managing their property for the reason that a person who was not deemed able by the legal system to attend to his own financial affairs should not have any influence on the national government either. ... ... 9.4.5. As mentioned in paragraph 9.2 above, section 29 of the Constitution on the right to vote is not deemed to constitute a bar to the Committee’s determination of concepts, including the decision not to use the concept of “declared legally incompetent”. However, it must be a consequence of the conditions set out in the Constitution that any person deprived of his or her legal capacity, within the meaning contemplated by the Committee (see section 6 of the draft), or barred from controlling his or her personal affairs, according to the wording of the provision drafted by the dissenting Committee members (see section 6a of the draft), must be disenfranchised under the legislation on elections.” 55. Subsequent to statutory amendment by Act no. 1722 of 27 December 2018, which entered into force on 1 January 2019, section 6 of the Guardianship Act read as follows: Section 6 “(1) Persons subject to guardianship over their financial affairs under section 5 can be deprived of their legal capacity, if necessary, to prevent them from exposing their assets, income or other financial interests to the risk of a major loss, or to prevent financial exploitation. The deprivation of a person’s legal capacity can be restricted to particular assets or affairs. (2) A person deprived of his or her legal capacity under the first sentence of subsection (1) is legally incompetent and does not have the right to enter into legal transactions or to manage his or her own assets, unless otherwise provided. A person partially deprived of his or her legal capacity under the second sentence of subsection (1) is legally competent, but does not have the right to enter into legal transactions or to manage his or her assets to the extent provided. (3) Legal incapacitation orders must be registered (see section 48 of the Danish Registration of Property Act [Tinglysningsloven])” 56. Owing to the statutory amendment, it became possible to partially deprive persons of their legal capacity – as opposed to the previous legal situation, in which it had been possible only to fully deprive persons of their legal capacity. One of the consequences of the statutory amendment was that persons who were both subject to guardianship and had been partially deprived of their legal capacity were still legally competent and accordingly entitled to vote in general elections. 15