Regionalization in Denmark in the Light of Political Transformations in Europe
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InteRnAtIonAL ConFeRenCe «PolitICAL tRAnSFormatIonS In MoDeRn eURoPe» REGIONALIZATION IN DENMARK IN THE LIGHT OF POLITICAL TRANSFORMATIONS IN EUROPE (EXEMPLIFIED BY CHANGES IN THE LEGAL STATUS OF AUTONOMIES IN GREENLAND AND THE FAROE ISLANDS) Inna A. Rakitskaya* DOI 10.24833/2073-8420-2017-1-42-22-30 Introduction. Of all Nordic countries, only Denmark and Finland have their own national-territorial autonomies. In other Nordic countries, there are non-territorial national autonomies of the Sami people, who are entitled to form their own representa- tive bodies (the Sametings). The southern part of Denmark on the border with Germany (in the Northern Hol- stein) is home to German-speaking minority, the existence of which can be attributed to a national-cultural autonomy. However, it is not entitled to form its own parlia- ment (contrary to the Greenlandic and Faroe people) but enjoys guaranteed represen- tation in the Danish Parliament – the Folketing. In order to guarantee the rights of the German-speaking national minorities Denmark has become the member of the Coun- cil of Europe Framework Convention for the Protection of National Minorities since February 1, 1998, and the member of the European Charter for Regional or Minority Languages of 1992 since January 1, 2001. Materials and methods. The methodological basis of the article is formed by gen- eral scientific and special methods of investigation into legal phenomena such as sys- tematic and structural analysis, the synthesis of social and legal studies, formal logical and comparative legal methods. The results of the research: The analysis of the legal status of Greenland and the Faroe Islands leads to the conclusion that the two Danish autonomies are to a very large extent independent in their relations with the central authorities. They are entitled to enter into international treaties, decide on membership in international organisations and unions separately from the central government. Legal changes in the status of both Danish autonomies indicate the process of regionalization which has been taking place over recent years in Denmark. Discussion and conclusions. The article justifies legislative changes in the re- lationship between Danish and self-government authorities, reviews the merits and demerits thereof, and allows the secession of the autonomies together with the declara- tion of their sovereignty. 1. Introduction The Faroe Islands were the first territory under the sovereignty of Denmark, which enmark has been one of the most decen- were granted with quite extensive autonomous tralized countries in the world [12. P. rights in 1948, when the Danish parliament – D162; 18. P. 405.]. the Folketing - approved the Law on Self- * Inna A. Rakitskaya, PhD in Law, Associate Professor, Constitutional Law Department, Moscow State Institute of International Relations (University) under the Ministry for Foreign Affairs of Russia. 22 Право и управление. XXI век ReGIONALIZAtION In DenMARK In tHe LIGHt oF PoLItICAL tRAnSFoRMAtIONS In eURoPe Government of the Faroe Islands, № 137 of 23 eral reasons for the lack of autonomies’ consti- March 1948. tutionalization in Denmark. First, at the time of With regard to Greenland, the island was adoption of the basic law of Denmark in 1953, at a colony of Denmark under the direct control the dawn of the cold war the founding fathers of the central authorities until 1953. The end of feared the spread of communist ideas on the the Second World War and anti-colonial move- remote islands’ territories, which could have ment which was gaining force in the world caused strengthening of separatist sentiments of forced the Danes to equalize in 1953 Greenland the Greenlanders [15. P. 5]. Secondly, autonomy the status of a Danish province (amt). However, was considered as part of decentralization in a the Greenlanders did not leave hopes to change highly decentralized Denmark. Thirdly, auton- the island’s status. So far, a special Commission omy being more flexible and dynamic model of was established in 1975. It offered the Folket- territorial organization was focused on the re- ing to draft a Home Rule Act of Greenland (Act distribution of powers between the central and on self-government of Greenland) in May, 1978 self-government authorities with no need for similar to the Home Rule Act of the Faroe Is- future changes to the Constitution of Denmark. lands adopted in 1948 [1. P. 393]. This Act was There are several references to the autono- passed in November 1978, and was approved mous regions in some constitutional sections. in the referendum of the islanders on 17 Janu- Pursuant to section 1 of the Constitution of ary, 1979. More than 70% of the Greenlanders’ 1953 its provisions shall apply to all parts of the votes were in favor of granting the island au- Kingdom of Denmark including Greenland and tonomy, and on 1 May, 1979 the Home Rule Act the Faeroe Islands. However, special home rule of Greenland came into force. arrangements for the Faeroe Islands and Green- In the constitutional law literature a territo- land have been passed by law. These arrange- rial autonomy refers to self-government of the ments give the Faeroese and Greenlanders far- territory of the state provided by the constitu- reaching autonomy in respect of their own af- tion. Autonomy is a form of decentralization fairs [11. P. 43]. and regionalization of state functions, taking Section 28 of the Constitution provides that into account geographical, historical, and often two members of the Folketig shall be elected in national characteristics of a particular territory the Faroe Islands and two members - in Green- [17. P. 11-34]. Autonomous region is endowed land. with certain independence within the frame- Representation of both autonomous re- work of the Constitution and/or special law. gions in the Folketing is based on the principle Decisions of self-government authorities or of of equality and does not depend either on the the population of such regions adopted within size of the territory of the autonomous regions, the constitutional provisions often cannot be or the number of people living on them [9. P. overruled by the central authorities. 249]. Elections of the members of the Folketing The institution of autonomy is often associ- from these two autonomies are regulated by ated with the solution of problems of adminis- two separate acts: Law № 458 of 30 June 1993 on trative-territorial structure, the settlement of in- elections to the Folketing from the Faroe Islands ter-ethnic relations, regional development, and (Lov om folketingsvalg på Færøerne) and Law № optimization of the system of local government 822 of 25 November 1998 on elections to the and self-government. Folketing in Greenland (Lov om folketingsvalg i Grønland) (1). 2. Regulation of the legal status The central government in Greenland and of autonomous regions in the Constitution on the Faroe Islands is presented by the high of Denmark of 1953 and other laws commissioners (rigsombudsmanden), who are ap- pointed by the Danish government (2). The The status of territorial autonomy is usu- commissioners are responsible for ensuring the ally defined in the basic law, reflecting its na- relationships between the central authorities ture as a special administrative-territorial re- and the authorities of the relevant autonomy gion. Sometimes the Constitution contains region. The commissioners do not perform con- only general provisions, which set out the legal stitutional control functions, they are not en- guarantees of an autonomy. It is typical for the titled to verify compliance with the provisions Danish Constitution of 1953. The Constitution of the Danish Constitution on the territory of of Denmark does not contain special provisions the autonomies [6. P. 126-138]. They represent governing the status of autonomous regions or the central government in the parliaments of their relations with the central Danish authori- Greenland and the Faroe Islands, have seats in ties. The Danish scholar Lise Lyck marks sev- these parliaments. They are allowed to speak №1(42)/2017 23 InteRnAtIonAL ConFeRenCe «PolitICAL tRAnSFormatIonS In MoDeRn eURoPe» up, but not allowed to vote. The parliaments of Rule Commission. It proclaimed the principle both autonomous regions are obliged to inform of the unity of the Kingdom. the high commissioners about all decisions ad- The entry into force of the new Home Rule opted by the autonomous authorities. Act of Greenland was preceded by the Green- On the self-government territories the landic referendum on the question of providing Greenlandic and the Faroese language are used Greenland with more extensive autonomous along with the Danish language. The autono- rights which is described as ethno-national ref- mous regions form their own authorities, legis- erendum [16. P. 129-150]. The referendum was latures and governments. Moreover, in Green- held on 25 November, 2008. According to its re- land, there are own Greenlandic courts which sults 75,54 % of the referendum’s participants consider cases on matters attributed to the casted their votes for the expansion of self-gov- exclusive jurisdiction of this autonomous re- ernment, 23,57 % - against, with a turnout of gion. Since 1 January 2010, the courts of Green- 71,96 % of 39 thousand inhabitants of the island land include four district courts (kredsretter), who have the right to vote. the Court of Greenland (Retten i Grønland) The passing of the Home Rule Act marked and the High Court of Greenland (Grøn- an end to three decades of limited ‘home rule’ lands Landsret). Rulings issued by the High autonomy [13. P. 179]. The expansion of the au- Court of Greenland may, with the permission tonomy of Greenland led to granting the Green- of the Appeals Permission Board (Procesbevil- landic authorities the right of self-disposal of lingsnævnet) (3), be brought directly before the natural resources, of their subordination direct- Supreme Court (Højesteret) of Denmark in Co- ly to the judiciary and law enforcement organs, penhagen.