Judgment Reviews Law at Greenland (Denmark)
In Greenland, which is an autonomous territory within the Kingdom of Denmark, the legal system is structured within the framework of Danish law while also considering specific Greenlandic statutes and practices. The judgment review process in Greenland follows principles that are largely aligned with Denmark’s judicial system, with provisions for appeals, judicial reviews, and constitutional challenges.
Here's an overview of the judgment review law in Greenland:
1. Constitutional Framework
Greenland's Constitution is part of the Constitution of Denmark, which applies to Greenland as well, with certain exceptions and adaptations for Greenland's autonomous status. Greenland is self-governing in many areas, but Denmark still holds authority over matters such as defense and foreign policy.
Home Rule Act (1979) and Self-Government Act (2009): These acts grant Greenland self-rule in most domestic matters, including the legal and judicial system.
Danish Constitution: While Greenland has autonomy, it is still subject to the Danish Constitution, and individuals can challenge violations of constitutional rights under Danish law.
The Danish legal system governs Greenland, including the right to a fair trial and judicial review.
2. Appeal Process in Greenland
The appeal process in Greenland follows the Danish legal system, which is a civil law system. The main avenues for appeal are through Greenland’s District Court, the Court of Appeal, and Denmark’s Supreme Court.
2.1. Civil and Criminal Appeals
District Court: This is the first instance court for civil and criminal matters in Greenland. The District Court handles most cases in Greenland and can issue judgments on various legal issues.
Court of Appeal (Landsret): Greenland is part of the Eastern Division of the Danish Court of Appeal, which covers Greenland, the Faroe Islands, and eastern Denmark. If a party is dissatisfied with the judgment of the District Court, they can appeal to the Court of Appeal.
Supreme Court of Denmark: The highest court in Denmark, the Supreme Court can review cases from the Court of Appeal if they involve significant legal issues or if the Court of Appeal grants permission for an appeal to be heard by the Supreme Court. This is the final appellate body in cases that concern Greenlandic law but also involve broader matters of Danish law.
2.2. Grounds for Appeal
In both civil and criminal cases, appeals can be based on:
Errors in law
Procedural irregularities
Factual misjudgments
Violations of constitutional rights or human rights
2.3. Time Limits for Appeals
In civil cases, appeals must typically be filed within four weeks from the date of the judgment in the District Court.
In criminal cases, the time limit to file an appeal is generally two weeks after the judgment.
3. Judicial Review of Administrative Acts
In Greenland, as part of the Kingdom of Denmark, individuals have the right to challenge administrative decisions through the judicial review process.
3.1. Administrative Courts
Administrative decisions made by public authorities in Greenland can be reviewed by the administrative courts. This allows individuals to contest decisions made by governmental or public bodies that may be unlawful or unjust.
Grounds for Judicial Review: Common grounds for judicial review include illegality, abuse of power, violation of human rights, or procedural irregularity.
3.2. Greenlandic Administrative Court System
Local Administrative Bodies: Greenland has its own local administrative bodies, but larger matters and appeals may go to the Danish administrative courts.
Court of Appeal: If individuals are dissatisfied with a decision in an administrative case, they can generally appeal to the Danish Court of Appeal.
4. Constitutional and Human Rights Review
The Constitution of Denmark applies to Greenland, and individuals in Greenland can challenge laws or decisions that violate their constitutional rights.
4.1. Constitutional Review
Danish Constitutional Court: While there is no separate Constitutional Court in Greenland, constitutional review can be conducted by the Danish courts.
Judicial Review of Laws: If laws or administrative actions violate the Danish Constitution, the matter can be taken up in the Danish Supreme Court.
4.2. Human Rights Review
Greenland, as part of Denmark, is subject to European human rights standards, including the European Convention on Human Rights (ECHR). Human rights violations can be reviewed in Denmark’s courts or challenged at the European Court of Human Rights in Strasbourg if domestic remedies are exhausted.
5. Key Features of Judgment Review in Greenland
| Aspect | Details |
|---|---|
| Legal System | Civil law system influenced by Danish law. |
| Appeal Process | District Court → Court of Appeal → Supreme Court of Denmark (if granted leave). |
| Grounds for Appeal | Errors in law, procedural mistakes, misapplication of facts, violation of rights. |
| Time Limits for Appeal | Civil cases: 4 weeks; Criminal cases: 2 weeks. |
| Judicial Review | Available for administrative decisions, including those by Greenlandic authorities. |
| Constitutional Review | Danish Constitutional Court (through the Danish courts) reviews laws and acts for constitutionality. |
| Human Rights Review | Review available under European Convention on Human Rights (ECHR). |
6. International Obligations and Human Rights
Greenland, being part of the Kingdom of Denmark, is bound by Denmark’s international human rights obligations, including:
European Convention on Human Rights (ECHR): Greenland must adhere to the ECHR, which guarantees the right to a fair trial and access to justice.
United Nations International Covenants: Greenland is subject to international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), which also protects rights related to judicial review.
7. Summary of Judgment Review Law in Greenland
| Aspect | Details |
|---|---|
| Legal System | Civil law system based on Danish law. |
| Appeal Process | Civil and criminal cases can be appealed from District Court → Court of Appeal → Supreme Court of Denmark. |
| Judicial Review | Administrative decisions can be challenged in Danish courts. |
| Constitutional Review | Can be challenged in Danish courts through constitutional review. |
| Human Rights Review | Individuals can appeal under ECHR standards and file complaints to the European Court of Human Rights. |
8. Conclusion
Greenland's judgment review law operates under the broader umbrella of Danish legal principles, with provisions for appeals and judicial review in both civil and criminal cases. The Court of Appeal and the Supreme Court of Denmark are the primary appellate bodies, and judicial review of administrative decisions is an essential safeguard for individuals. Greenland also benefits from Denmark's international human rights obligations, ensuring access to justice and the protection of constitutional and human rights.
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