NALUNAERUTIT โ GREENLANDIC LAW SERIES โ SERIES A โข No. 3 โข 1978 353
29 November 1978. Act No. 577. Inats. No. 577. Nugternera.
We, Margrethe the Second, by the Grace of God Queen of Denmark, hereby make known:
In recognition of the special status which Greenland holds within the Realm in national, cultural, and geographical respects, the Folketing, in accordance with a resolution by the Greenland Provincial Council, has adopted, and We, with Our consent, have ratified the following Act concerning Greenland’s constitutional position within the Realm:
Act on Greenland Home Rule.
Chapter 1.
The Home Rule.
ยง 1. Greenland constitutes a distinct community within the Danish Realm. The Greenland Home Rule shall, within the framework of the unity of the Realm, administer Greenlandic affairs in accordance with the provisions of this Act.
Subsection 2. The Greenland Home Rule consists of a representative body elected in Greenland, called the Landsting, and an administration led by a Landsstyre.
ยง 2. The members of the Landsting are elected for 4 years by general, direct, and secret ballot.
Subsection 2. Detailed rules concerning the election, including the right to vote and eligibility as well as the number of members of the Landsting, shall be laid down by Landsting Act.
Subsection 3. The Landsting shall determine its own rules of procedure.
We, Margrethe the Second, by the Grace of God Queen of Denmark, hereby make known:
In recognition of the special status which Greenland holds within the Realm in national, cultural, and geographical respects, the Folketing, in accordance with a resolution by the Greenland Provincial Council, has adopted, and We, with Our consent, have ratified the following Act concerning Greenland’s constitutional position within the Realm:
Act on Greenland Home Rule.
Chapter 1.
Home Rule.
ยง 1. Greenland constitutes a distinct community within the Danish Realm. The Greenland Home Rule shall, within the framework of the unity of the Realm, administer Greenlandic affairs in accordance with the provisions of this Act.
Subsection 2. The Greenland Home Rule consists of a representative body elected in Greenland, called the Landsting, and an administration led by a Landsstyre.
ยง 2. The members of the Landsting are elected for a term of 4 years by general, direct, and secret ballot.
Subsection 2. Detailed rules concerning the election, including the right to vote and eligibility as well as the number of members of the Landsting, shall be laid down by Landsting Act.
Subsection 3. The Landsting shall determine its own rules of procedure.
354 NALUNGERUTIT โ GREENLANDIC LAW SERIES โ SERIES A โข No. 3 โข 1978
29 November 1978. Act No. 577. Inats. No. 577. Nugternera.
ยง 3. The Landsting shall elect the Chairman and the other members of the Landsstyre. The Chairman of the Landsstyre shall allocate the administrative responsibilities among the members of the Landsstyre.
Chapter 2.
The Affairs of the Home Rule.
ยง 4. The Home Rule may determine that subject areas, or parts of a subject area, listed in the Annex to this Act, shall be transferred to the Home Rule.
Subsection 2. The Home Rule shall have legislative and administrative authority over areas transferred pursuant to subsection 1 and shall assume the expenses connected therewith.
Subsection 3. With corresponding effect, the central authorities may, after negotiation with the Home Rule, determine that such subject areas or parts of such subject areas shall be transferred to the Home Rule.
Subsection 4. Provisions adopted by the Landsting and ratified by the Chairman of the Landsstyre for these subject areas shall be called Landsting Acts.
ยง 5. The central authorities may, after negotiation with the Home Rule, by Act authorise the Home Rule to assume regulatory authority regarding the administration of a subject area or part of a subject area listed in the Annex to this Act which has not been transferred to the Home Rule pursuant to ยง 4. Grants for such assumed subject areas shall be determined by Act.
Subsection 2. Provisions adopted by the Landsting and ratified by the Chairman of the Landsstyre for these subject areas shall be called Landsting Regulations.
ยง 6. Adopted bills for Landsting Acts and Landsting Regulations shall, in order to be valid, be ratified by the Chairman of the Landsstyre and promulgated in accordance with provisions laid down by Landsting Act.
Subsection 2. The Landsstyre may, within a time limit of 8 days, decide to postpone the ratification until the bill has been adopted by the Landsting at its subsequent session. If the bill is not adopted unchanged at this session, it shall lapse.
ยง 7. The central authorities may, after negotiation and with the consent of the Home Rule, by Act determine that subject areas not listed in the Annex shall be transferred to the Home Rule in accordance with the rules in ยง 4, subsections 2 and 4, or in accordance with the rules in ยง 5.
Subsection 2. The decision on which subject areas shall be transferred to the Home Rule pursuant to subsection 1 shall be made with due consideration for the unity of the Realm and for ensuring that the Home Rule obtains extensive influence over areas of particular concern to Greenlandic conditions.
ยง 8. The resident population of Greenland has fundamental rights to Greenlandโs natural resources.
Subsection 2. To safeguard the rights of the resident population regarding non-living resources and to safeguard the interests of the unity of the Realm, it shall be determined by Act that preliminary investigation, exploration, and exploitation of the said resources shall take place in accordance with agreements between the Government and the Landsstyre.
Subsection 3. Prior to the conclusion of an agreement pursuant to subsection 2, a member of the Landsstyre may demand that the matter be submitted to the Landsting, which may determine that the Landsstyre shall not participate in concluding an agreement of the content in question.
ยง 9. The Greenlandic language is the principal language. Thorough instruction shall be given in the Danish language.
Subsection 2. Both languages may be used in public affairs.
356 NALUNGERUTIT โ GREENLANDIC LAW SERIES โ SERIES A โข No. 3 โข 1978
29 November 1978. Act No. 577. Inats. No. 577. Nugternera.
ยง 10. The Home Rule is subject to the obligations arising from treaties and other international rules which are at any time binding upon the Realm.
Subsection 2. The powers of the Home Rule are at all times limited by the powers which, pursuant to ยง 20 of the Constitutional Act, have been transferred to international organisations.
Subsection 3. The Government may instruct the Home Rule to take such measures as are necessary to ensure compliance with the provisions of subsections 1 and 2.
Chapter 3.
Relations with the Central Authorities.
ยง 11. The central authorities have the decision in matters concerning the Realmโs relations with foreign countries.
Subsection 2. Measures which the Home Rule intends to take, and the implementation of which is of essential significance for the Realmโs relations with foreign countries, including the Realmโs participation in international cooperation, shall be negotiated with the central authorities prior to their adoption.
ยง 12. Bills for Acts containing provisions which relate exclusively to Greenland shall be submitted to the Home Rule for comment before they are introduced in the Folketing.
Subsection 2. Draft administrative regulations containing provisions which relate exclusively to Greenland shall be submitted to the Home Rule for comment before they are issued.
Subsection 3. Acts and administrative regulations which otherwise have special significance for Greenland shall be submitted to the Home Rule for comment before they are put into force in Greenland.
ยง 13. Treaties requiring the consent of the Folketing and which are of particular concern to Greenlandic interests shall be submitted to the Home Rule for comment before they are concluded.
ยง 14. Unless the central authorities determine otherwise in the individual case, the comment of the Home Rule shall be available no later than 6 months after the submission mentioned in ยงยง 12 and 13 has taken place.
Subsection 2. If submission has been unable to take place due to compelling circumstances, the Act, administrative regulation, or treaty shall be submitted to the Home Rule for comment as soon as possible.
ยง 15. Within the framework of ยง 11, the Government shall, after consultation with the Landsstyre, lay down the guidelines for the safeguarding of the special Greenlandic interests in the European Communities.
Subsection 2. The Home Rule shall be informed of proposals for decisions in the Council of the European Communities which are of particular concern to Greenlandic interests.
ยง 16. The Home Rule may demand that staff be appointed at the Danish representations in countries where Greenland has special commercial interests, to attend specifically to these interests. The central authorities may determine that the expenses involved shall be borne by the Home Rule.
Subsection 2. The central authorities may only, after negotiation with the Home Rule, grant it access to assert the special Greenlandic commercial interests by participating in international negotiations of importance to Greenlandic business life.
Subsection 3. Where special Greenlandic matters are involved, the central authorities may, if it is not deemed incompatible with the interests of the Realm, authorise the Home Rule, upon its request, to conduct negotiations directly with the participation of the foreign service.
358 NALUNGERUTIT โ GREENLANDIC LAW SERIES โ SERIES A โข No. 3 โข 1978
29 November 1978. Act No. 577. Inats. No. 577. Nugternera.
ยง 17. The High Commissioner is the supreme representative of the central authorities in Greenland.
Subsection 2. The Home Rule may request the High Commissioner to participate in negotiations in the organs of the Home Rule.
Subsection 3. The Home Rule shall inform the High Commissioner as soon as possible of adopted Landsting Acts and Landsting Regulations, as well as of other general legal provisions issued by the Home Rule.
ยง 18. If questions of doubt arise between the central authorities and the Home Rule regarding the competence of the Home Rule vis-ร -vis the central authorities, the question shall be submitted to a board composed of 2 members appointed by the Government, 2 members appointed by the Home Rule, and 3 Supreme Court judges appointed by the President of the Supreme Court, of whom one shall be appointed as chairman.
Subsection 2. If the 4 members appointed by the Government and the Home Rule are in agreement, the matter is finally decided. Otherwise, the matter shall be decided by the 3 Supreme Court judges.
Subsection 3. The Government may suspend a resolution or decision of the Home Rule which has been submitted to the board until the boardโs decision is available.
Chapter 4.
Entry into Force and Transitional Provisions.
ยง 19. Provisions applying to Greenland shall remain in force with the amendments resulting from this Act until they are amended or repealed by the competent authority.
ยง 20. The time of entry into force of this Act shall be determined by Act.
Subsection 2. The High Commissioner shall assume, with the amendments resulting from this Act, the functions hitherto performed by the Governor of Greenland.
Given at Amalienborg, this 29th day of November 1978.
Under Our Royal Hand and Seal.
Margrethe R.
Jรธrgen Peder Hansen.
360 NALUNGERUTIT โ GREENLANDIC LAW SERIES โ SERIES A โข No. 3 โข 1978
Annex.
29 November 1978. Act No. 577. Inats. No. 577. Nugternera.
- The system of government in Greenland.
- The system of government for the municipalities.
- Taxes and duties.
- The national church and religious communities deviating from the national church.
- Fishing within the territory, hunting, agriculture, and reindeer herding.
- Conservation.
- National planning.
- Business and competition legislation, including also legislation on restaurant and hotel operations, regulations on alcoholic beverages, and regulations on closing hours.
- Social affairs.
- Labour market affairs.
- Education and culture, including vocational training.
- Commercial affairs otherwise, including the stateโs fishing and production activities, business support, and business development.
- Health services.
- Tenancy legislation, housing support, and housing administration.
- Supply of goods.
- Internal passenger and goods transport.
- Environmental protection.
