Treaty (English)

WE MARGRETHE THE SECOND, by the Grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and We, with Our consent, have ratified the following law:

In recognition of the special position that Greenland occupies in national, cultural and geographical terms within the kingdom, the Folketing, in accordance with the decision in the Greenland National Council, has adopted and We, with Our consent, have ratified the following law on Greenland's constitutional position in the kingdom:

Chapter 1: Home rule

§ 1. Greenland constitutes a special people's community within the Danish kingdom. The Greenlandic home government handles Greenlandic affairs within the framework of the national unity according to the rules in this act.

PCS. 2. The Greenlandic home government consists of a representation elected in Greenland, called the county council, and an administration led by a county council.

§ 2. The members of the County Council are elected for 4 years by general, direct and secret elections.

PCS. 2. More detailed rules about the election, including the right to vote and eligibility as well as the number of county council members, are laid down by county council act.

PCS. 3. The County Council determines its own rules of procedure.

§ 3. The county council elects the chairman of the county board and the other members of the county board. The chairman of the national board distributes the business among the members of the national board.

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.

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.

Chapter 4: Entry into force and transitional provisions

§ 19. Provisions that apply to Greenland remain in force with the changes that follow from this law, until they are changed or repealed by the appropriate authority.

§ 20. The time for the law to come into force is determined by law.

PCS. 2. With the changes that follow from this Act, the National Ombudsman takes over the functions that have so far been carried out by the Governor of Greenland.

Given at Christiansborg Castle, 29 November 1978

Under Our Royal Hand and Seal

MARGRETHE R.

/ Jørgen Peder Hansen.