The Relationship with the National Authorities

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Chapter 3: The relationship with the national authorities

§ 11. The national authorities have the decision in matters concerning the kingdom's relations with foreign countries.

PCS. 2. Measures which the home government intends to take, and the implementation of which is of significant importance for the kingdom's relations with foreign countries, including the kingdom's participation in international cooperation, are negotiated with the national authorities before adoption.

Section 12. Proposals for laws that contain provisions that exclusively concern Greenland must be submitted to the home government for an opinion before they are presented to the Norwegian Parliament.

PCS. 2. Draft administrative regulations that contain provisions that exclusively concern Greenland must be submitted to the home government for an opinion before issuance.

PCS. 3. Laws and administrative regulations that otherwise have special significance for Greenland must be submitted to the home government for an opinion before they are put into effect in Greenland.

Section 13. Treaties that require the consent of the Norwegian Parliament and which particularly affect Greenlandic interests must be submitted to the home government for an opinion before they are concluded.

§ 14. Unless the national authorities determine otherwise in the individual case, the home government's opinion must be available no later than 6 months after the submission referred to in §§ 12 and 13 has taken place.

PCS. 2. If submission could not take place due to compelling circumstances, the law, the administrative regulation or the treaty must be submitted to the home government for an opinion as soon as possible.

§ 15. Within the framework of § 11, the government, after consultation with the national government, determines the guidelines for the safeguarding of Greenland's special interests in the European Communities.

PCS. 2. The home government is notified of proposals for resolutions in the Council of the European Communities that particularly affect Greenlandic interests.

§ 16. The home government can require that the Danish representations in countries where Greenland has special business interests employ employees who must specifically look after these interests. The national authorities can decide that the costs of this must be borne by the home government.

PCS. 2. The national authorities may, after negotiation with the home government, grant this access to assert the special Greenlandic interests by participating in international negotiations of importance to the Greenlandic business community.

PCS. 3. Where it concerns special Greenlandic matters, the national authorities, if it is not considered incompatible with the interests of the country, can authorize the home government to conduct negotiations directly with the assistance of the foreign service, upon expressed desire.

§ 17. The National Ombudsman is the supreme representative of the national authorities in Greenland.

PCS. 2. The home government can invite the national ombudsman to participate in negotiations in the home government's bodies.

PCS. 3. The home government must notify the national ombudsman as soon as possible of adopted county council laws and county council ordinances as well as other general legal regulations issued by the home government.

§ 18. If a question of doubt arises between the national authorities and the home government about the competence of the home government in relation to the national authorities, the question is submitted to a panel consisting of 2 members appointed by the government, 2 members appointed by the home government, and 3 Supreme Court judges appointed by the President of the Supreme Court , of which one is appointed as chairman.

PCS. 2. If the 4 members appointed by the government and the home rule agree, the matter is finally decided. Otherwise, the case will be decided by the 3 Supreme Court judges.

PCS. 3. The government can suspend the home rule's adoption or decision which has been submitted to the board until the board's decision is available.

Analysis

Summary

Chapter 3 of the law on ​Greenland's constitutional position in the ​kingdom focuses on the relationship between the ​home government and the ​national authorities. Section 11 states that matters concerning the kingdom's relations with ​foreign countries are decided by the national authorities. Measures of significant importance that the home government intends to take, including participation in international cooperation, are negotiated with the national authorities prior to adoption.

Section 12 specifies that proposals for laws and administrative regulations that exclusively concern Greenland must be submitted to the home government for an opinion before being presented or issued. Similarly, laws and administrative regulations that have special significance for Greenland must be submitted for the home government's opinion before they are implemented in Greenland.

Section 13 mandates that treaties which require the consent of the Norwegian Parliament and which particularly affect Greenlandic interests must be submitted to the home government for an opinion before they are concluded.

The home government's opinion on matters referred to in Sections 12 and 13 must be provided within 6 months, unless there are compelling circumstances. If submission was not possible, the home government must be consulted as soon as possible.

Section 15 empowers the government, in consultation with the national government, to determine guidelines for safeguarding Greenland's special interests within the European Communities. The home government is informed of proposals in the Council of the European Communities that specifically affect Greenlandic interests.

Section 16 grants the home government the authority to request Danish representations in countries with Greenland's special business interests to employ individuals to specifically attend to these interests. The national authorities may bear the costs of this. Additionally, the national authorities may grant the home government access to participate in international negotiations of importance to Greenlandic business interests.

Section 17 designates the National Ombudsman as the supreme representative of the national authorities in Greenland. The home government can invite the National Ombudsman to participate in negotiations and must notify them promptly of adopted county council laws, county council ordinances, and other general legal regulations.

In cases of doubt regarding the home government's competence in relation to the national authorities, Section 18 establishes a panel consisting of members appointed by the government and the home government, along with three Supreme Court judges, to decide the matter. The government can suspend the home government's adoption or decisions until the panel's decision is available.

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