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Chapter 2: Home Rule Affairs
Section 4. The home government can decide that case areas or part of a case area mentioned in the annex to the act must be transferred to the home government.
PCS. 2. The home government has the legislative and administrative authority for areas that have been transferred pursuant to subsection 1, and takes over the costs associated with this.
PCS. 3. With corresponding effect, the national authorities may, after negotiation with the home government, decide that such areas or parts of such areas must be transferred to the home government.
PCS. 4. Regulations that are adopted by the county council and confirmed by the chairman of the county government for these areas are called county council laws.
§ 5. The national authorities may, after negotiation with the home government, authorize the home government by law to take over the rule-making authority for and the administration of a case area or part of a case area that is mentioned in the annex to the law and which has not been transferred to the home government according to § 4 Subsidies for case areas taken over in this way are determined by law.
PCS. 2. Regulations adopted by the county council and confirmed by the chairman of the county council for these areas are called county council regulations.
Section 6. To be valid, adopted proposals for county council laws and county council ordinances must be approved by the chairman of the county government and promulgated in accordance with regulations laid down by county council act.
PCS. 2. The Landstyret can decide within a period of 8 days that the confirmation must be postponed until the proposal has been adopted by the Landsting in the subsequent session. If the proposal is not adopted unchanged in this meeting, it has lapsed.
§ 7. The national authorities may, after negotiation and with the agreement of the home government, decide by law that areas of matter not mentioned in the annex are transferred to the home government in accordance with the rules in § 4, subsection 2 and 4, or according to the rules in § 5.
PCS. 2. The decision on which case areas must be transferred to the Home Rule pursuant to subsection 1, is taken out of consideration for national unity and for the home government to have extensive influence in areas that particularly affect Greenlandic conditions.
§ 8. The permanent resident population in Greenland has fundamental rights to Greenland's natural resources.
PCS. 2. To safeguard the rights of the permanent resident population with regard to the non-living resources and to safeguard the interests of the federal government, it is stipulated by law that preliminary investigation, investigation and utilization of said resources take place in accordance with an agreement between the government and the national government.
PCS. 3. Prior to the agreement pursuant to subsection 2 is entered into, a member of the county council may demand that the matter be submitted to the county council, which may decide that the county council shall not contribute to the conclusion of an agreement of the content in question.
§ 9. The Greenlandic language is the main language. The Danish language must be taught thoroughly.
PCS. 2. Both languages can be used in public relations.
§ 10. The home government is subject to the obligations arising from treaties and other international rules which are binding on the kingdom at all times.
PCS. 2. The powers of the home government are at all times limited by the powers which, pursuant to section 20 of the constitution, have been transferred to international bodies.
PCS. 3. The government can order the home government to take the measures necessary to ensure compliance with the provisions in subsection 1 and 2.
Analysis
Summary
Chapter 2 of the law on Greenland's constitutional position in the kingdom focuses on home rule affairs. Section 4 states that the home government can decide to transfer specific case areas to its authority, granting it legislative and administrative control. The home government also assumes the associated costs. Similarly, national authorities, after negotiation with the home government, can transfer areas to the home government. Regulations adopted by the county council and confirmed by the chairman of the county government for these areas are called county council laws.
Section 5 allows the national authorities, through negotiation, to authorize the home government to assume rule-making authority and administration of case areas mentioned in the annex to the law that have not been transferred. Proper subsidies for these case areas are determined by law. Regulations adopted by the county council and confirmed by the chairman of the county council for these areas are called county council regulations.
Section 6 specifies that county council laws and ordinances must be approved by the chairman of the county government and published following regulations stated by county council act. The Landstyret (home government) can postpone confirmation if the proposal must be adopted by the Landsting in the subsequent session. In § 7, the national authorities, with the agreement of the home government, can transfer case areas not mentioned in the annex to the home government, taking national unity and Greenlandic conditions into consideration.
Section 8 emphasizes that the permanent resident population in Greenland has fundamental rights to its natural resources. An agreement between the home government and the national government guides the preliminary investigation, exploration, and utilization of non-living resources, ensuring the rights of the population and federal government.
Section 9 designates the Greenlandic language as the main language, with Danish thoroughly taught. Both languages can be used in public relations. Section 10 stipulates that the home government is bound by the obligations of treaties and international rules that apply to the kingdom. The home government's powers are limited by the powers transferred to international bodies. The national government can instruct the home government to take necessary measures to ensure compliance with these provisions.
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