2421.14 - Faroese Municipal Law
Faroese Municipal Law
Bachelor degree or equivalent with adequate component of law
To provide insight into Faroese municipal law, including provisions and procedures on the organisation and activities of municipal councils, the doctrine on the municipal mandate, and the national government's oversight powers; in addition to the particular Faroese conditions for municipal law in a wider sense that have relevance to powers, interpretation and rights in various contexts.
Faroese municipal law will be described according to enabling laws and formal procedures, regulations in constitutional law, municipalities acts, administrative statutes, and others as well as unwritten law such as the municipal mandate will be analysed in light of literature and practice by municipalities, oversight authorities, tribunals and courts.
Learning and teaching approaches
The course is 36 hours. The teaching will be organized as lectures, presentations, exercises, discussions and written assignments. The course requires a lot of self-study.
The goal is that the students are able to: -Access, assess and provide reasoned arguments based on the municipal sources of law and explain how the Faroese municipalities are organised, and which task they perform. -Cite and assess constitutional provisions (in Form of Government and Basic Law), what importance the municipal mandate has, and demonstrate through examples how these fundamental principles work. -Assess and provide reasoned arguments on municipal government based on the Municipalities Act. -Explain, analyse and assess the powers provided in enabling laws, where the municipalities execute the policy of the country and are subject to administrative complaints procedures. -Analyse and cite provisions and basic principles in administrative law and how these create a framework for municipal activities on respectively specially enabled areas and in the field of the municipal mandate. -Analyse and put into perspective the substantive municipal mandate, how it works independently and partially in the areas, where special enabling laws or formal administrative restrictions exist. -Refer to the difference between Danish and Faroese law and analyse when and under which circumstances Danish literature and Danish practice are relevant in the Faroe Islands. -Analyse municipal practice and that of the tribunals, oversight authorities and especially courts, what framework these create and how room for interpretation and ambiguities are resolved in case law. -Analyse how interpretation and case law develop dynamically and especially analyse under which circumstances different practices are possible in various areas and in various municipalities and which preconditions must exist for change of practice in areas with room for differing practice. -Present and formulate their knowledge and reasons correctly and coherently with good language and good understanding of the different sources, constitutional, statutory, doctrinal, case law and other practice and literature.
External examiners (with teacher) Oral exam. The student will be given half an hour to prepare and is allowed to bring the official materials and other course material into the examination room. The examination question shall be on a specific topic within the official materials. External examination according to valid exam scale.
Collected materials, around 500 pages
Poula Árnadóttir Lervig