Skipan av lóg og institutiónum í Føroyum í sambandi við yvirtøkur innan ríkisfelagsskapin. Ein samanberandi lýsing av avbjóðingum, trupulleikum og møguleikum.
Bárður Larsen og Jose M. Lorenzo Villaverde
Søgu- og Samfelagsdeildini á Fróðskaparsetrinum
01.01.2021 - 28.02.2022
Stuðul úr Granskingargrunninum:
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.
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