Føroyerne’s Desire for Greater Foreign Policy Influence Faces Constitutional Challenges
The Faroe Islands are seeking to increase their influence in foreign policy, but are confronted with significant legal challenges. Both Denmark and the Faroe Islands agree on the necessity of the island group having a more prominent voice, potentially including membership in the World Trade Organization (WTO). This was declared at a press conference in Aalborg, where the interpretation of the Constitution was discussed. While the Faroese see opportunities, Danish legal experts identify limitations.
Prime Minister Mette Frederiksen has long aimed to strengthen the Faroe Islands’ position in foreign affairs, but acknowledges that the legal sustainability of such a change is contentious. The Faroe Islands believe that maintaining the status quo is no longer a viable path, a sentiment that Mette Frederiksen emphasized at the press conference. She recognized that the matter must now be resolved by a dispute resolution board—a historic first for the Faroe Islands.
Faroese representatives seek WTO membership to negotiate trade agreements independently, but lawyers from the Ministry of Foreign Affairs and the Ministry of Justice point out that Article 19 of the Constitution grants the Danish government the authority to act on behalf of the kingdom in international matters. Prime Minister Aksel Johannesen views a ruling from the dispute resolution board as principled and significant for the future, as it could pave the way for membership in other international organizations, such as the Nordic Council, should criteria be adjusted.
The dispute will be adjudicated by a board defined in Section 6 of the Self-Government Act. This board consists of two representatives from both Denmark and the Faroe Islands, along with three Supreme Court judges who are only involved in cases of disagreement among the other members.
Both the Faroe Islands and Greenland have sought greater foreign policy autonomy for years. Mette Frederiksen expressed in 2019, while serving as opposition leader, that the time has passed for Denmark to dictate the foreign policy of the Faroe Islands and Greenland. She highlighted that previous strict interpretations of the Constitution have since been adapted to political realities. However, there have been more cautious voices, such as former Prime Minister Lars Løkke Rasmussen, who warned against the fixed frameworks of the Constitution.
The current Foreign Minister from the Moderates party suggests that a certain degree of interpretive flexibility may be possible within the constitutional regulations governing foreign policy power distribution. This issue will now be brought to a head as the dispute resolution board convenes to determine whether the Faroe Islands can attain the desired independence in foreign policy.