Játtað í:
2020

Granskingarøki:
Samfelagsvísindi

Verkætlanarslag:
Verkætlan

Verkætlanarheiti:
Skipan av lóg og institutiónum í Føroyum í sambandi við yvirtøkur innan ríkisfelagsskapin. Ein samanberandi lýsing av avbjóðingum, trupulleikum og møguleikum.

Játtanarnummar:
0527

Verkætlanarleiðari:
Bárður Larsen og Jose M. Lorenzo Villaverde

Stovnur/virki:
Søgu- og Samfelagsdeildini á Fróðskaparsetrinum

Verkætlanarskeið:
01.01.2021 - 28.02.2022

Samlaður kostnaður:
kr. 1.240.971

Stuðul úr Granskingargrunninum:
kr. 750.000

Verkætlanarlýsing:
Original
The Faroe-Islands is a self-governing territory within the Kingdom of Denmark. The Home Rule Act of 1948 inaugurated the so-called Home Rule arrangement between the Faroe Islands and Denmark. In consequence, some core matters are competence of the Danish state, others can be transferred after prior negotiations, and the Faroese authorities can transfer the remaining ones unilaterally at any time. In 1978, Greenland also gained autonomy. Thus, the Danish State comprises three parts: Greenland, the Faroe Islands and Denmark with different laws. However, the Danish Constitution does not relate to Home Rule model, suggesting that Denmark is a unitary state. Most research in the field has been done by Danish constitutional scholars, focused on the constitutionality of the Home Rule model. However, this project aims tog o beyond this constitutional status discussion to explore the actual functioning og the system. There is arguably a lack of consciousness of the decentralised Kingdom and the mechanisms and dynamics underlying it. A preliminary overview justifies the assumption that the approach to the transference of competences from Denmark to the Faroe Islands over areas of law and legal institutions to a certain degree has been less the result of reflective choices and more a process driven by other forces. The scenario suggests a “one-structure-fits all” process of transference within the Rigsfællesskab. This project will analyse three interrelated themes. First, it will delve into the framework of the transference of competences. Taking the recent transferral of family law a main example, we will explore the logic behind the functioning og the system, the scope of legal transplants and their functioning in the lega land societal Faroese landscape. A second focus will be the building of legal institutions, how they are interiorised, path dependence and institutional isomorphism, both related to transferral af competences. Third, the socalled interprovincial private law, its limits and incoherencies will be investigated. A comparative perspective with two other selected jurisdictions, namely Spain and the Netherlands will be adopted. The findings will enable us to recommendations for the improvement of the decentralised system and the transference of competences to the Faroes. In this regard, the proposal has a clear vocation for being useful for Danish and Faroese law-makers and researchers alike.

Final
The Faroe Islands is a self-governing territory within the so-called Danish Rigsfællesskab. The Home Rule Act of 1948 inaugurated the Home Rule arrangement between the Faroe Islands and Denmark. The possibilities of transference of competences was further deepened and completed in 2005 with the Take Over Act. As a result, some affairs are core matters of the Danish state, others can be transferred after prior negotiations, and the Faroese authorities can take the rest any time. The Danish state consists of three parts: Greenland, the Faroe Islands and Denmark, with different laws. However, the Danish Constitution (Grundlov) does not relate to the home rule arrangements and suggests that Denmark is a unitary state. The project approaches the current constitutional framework and goes beyond to explore how the system actually works. Both PIs argue that there are no issues of constitutionality about the Faroese (or Greenlandic) autonomies. The mechanisms and dynamics underlying the functioning of this decentralised state are critically analysed. The assumption that the approach to the transference of competences from Denmark to the Faroe Islands over areas of law and legal institutions to a certain degree appears to be less the result of reflective choices and more a process driven by other forces. The scenario suggests a “one-structure-fits all” process of transference which generates incoherencies, lacunas and unanswered questions in the interaction among the various laws within the Rigsfællesskab. This project analyses some interrelated fields. It discusses the constitutional sphere and the logic behind the system of transference of competences, identifying the main problems and incoherencies. The building of legal institutions, how they are interiorised, path dependence and institutional isomorphism, both related to transferral of competences, are also addressed. The project also discusses the so-called interprovincial private law and how the rights of citizens are affected. This project aims to be a starting point, a stone basis to build further research in the area of the decentralised Rigsfællesskab, traditionally under-researched among scholarship. In this regard, the proposal has a clear vocation for being useful for Danish and Faroese law-makers and researchers alike.

Støða:
Liðug



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