2454.19 - Faroese Administrative Law

Course number
Faroese Administrative Law
Bachelor degree or equivalent with adequate component of law
To give insight into Faroese administrative law, especially the many sources of law in this field of law marked by various law-creating institutions, the Faroese Parliament and administration, the institutions of the Realm, the regular courts, special tribunals and administrative boards of appeal, and not least the Parliamentary Ombudsman, which all together formulate statutes, regulations, reviews, decisions, judgements and recommendations. In addition, this field is marked by abundant highly influential literature. These varied sources of law combine to create a diverse and evolving situation. Since the Faroese Parliamentary Ombudsman was established, it has become gradually more important as the body that co-ordinates and develops this challenging system. However, it is still crucial to have insight into the great statutes in this field, as well as the influence from Danish law and international bodies, in addition to special legislation that is often relevant, as well as associated customs, especially the ever evolving standards of good administrative governance. The course provides knowledge and method to analyse this complex legal situation.
The course begins with examining concepts and methods relevant to administrative law, including overlaps to adjacent legal disciplines. Then follows a survey the following subjects: history, organisation and offices, freedom of information, formal administration, substantive administration, municipal administration and administrative review. For every subject many examples will be scrutinized showing how collective administrative law works out in practise, including practical exercises, where the students are informed how administrative principles moderate the intentions and powers of public authorities as well as the private activity. In practical administration in public bodies much is required of the personnel both legally educated and of other backgrounds. A framework is set in law but within it the administration is further organised. Towards the citizen the administration must be correct formally and substantively, towards their superiors offer loyalty as well as advice on options and consequences. Public administration often demands both special technical knowledge as well as the ability to abide by legal administrative principles. The course shall therefore give the students the knowledge and skills to analyse the various duties and rules that are incumbent upon the administration. The students are prepared for both making administrative decisions and providing advice in public administration in a Faroese context.
Learning and teaching approaches
About 40 hours. The main classes will consist of presentations from teacher and exercises in addition to potential student presentations.
Learning outcomes
The students shall: -Describe administrative law, the legal sources, powers, institutions and conflict resolutions. -Demonstrate concrete and broad knowledge on and understanding of the substantive subjects: history, organisation and offices, freedom of information, formal administration, substantive administration, municipal administration and administrative review. -Explain the importance of the constitutionally associated position of the Faroe Islands in this context, what impact Danish and international institutions have on Faroese administrative law. -Explain the relevant methods of interpretation and the challenges of interpretation, including the importance of dynamic practise and various kinds of customary law. -Explain basic and special rights of the citizen in public administration. -Explain the powers and the practise of the various conflict resolution bodies and the opportunities for the parties to use these bodies. -Explain the importance of administrative law to the individual public body and citizen, including municipalities and special institutions. -Analyse difficult administrative law challenges demonstrating insight and understanding of all relevant kinds of sources of law. -Analyse the development that can be seen or be expected on various issues of administrative law. -Present and argue evidence in a balanced way with an understanding of the various interests, rooms for interpretations and developments of a given issue. -Present and argue evidence with an understanding of the practical implications of the various provisions, customs and evolved practises. -Present and formulate knowledge and arguments correctly and succinctly in eloquent and correct language.
Assessment method
External examiners (with teacher) A 4 hour written exam accounts for 2/3 of the grade, while a written home assignment counts for 1/3. It is a precondition for the exam that the student has passed the home assignment, assessed as an independent performance. The student will at the final exam have access to the internet and all course materials.
Marking scale
Required reading is about 500 pages from these materials: Kári á Rógvi & Bárður Larsen, Fyrisitingarlóg (Administrative law), textbook, 2. Ed. 2012, and court and administrative decisions, law review articles and other materials on administrative Law, available on Moodle prior to teaching sessions.
Kristian Joensen