Den åländska hembygdsrättens omgestaltning - Från jordförvärvsskydd till regionalt medborgarskap

Sammanfattning: This article seeks to re-imagine the Alandish hembygdsrätt to a regional citizenship. Hembygdsrätt is a judicial tool that regulates acquisition of property and voting rights. Its a central part of the autonomy as it constitutes a social-border between Finns and Alanders. However as Åland and Finland became members of the European Union questions arouse concerning the legitimacy of the current statues. The community argued that it could be considered as a breach of the anti-discrimination principle. Therefore Alandish autonomy was recognized as an exception in the joint-accession treaty of Finland and Åland. The membership did not, however, bring a solution to the democratic problem of the hembygdsrätt. In 1996 the High administrative court declared that hembygdsrätt and the autonomy should be seen as an extension of the national citizenship as its only function is to safeguard the Swedish language. Ten years later the commission issued an opinion on the same matter. The commission stated that those rights attached to the hembygdsrätt which are covered by Community law, are to be granted to EU citizens, in accordance with the principle of non-discrimination on grounds of nationality. Even though the regional competence is separate from the national competence, as the legitimacy of the local parliament derives from the inhabitants of the island, Finnish citizenship is compulsory for persons who apply for hembygdsrätt. Furthermore, the local self-determination with its constitutional features should be enough to define the autonomy as a civil nation. The current situation inclines that Alanders only exist as long as they are residing on Aland. This article illustrate that hembygdsrätt clearly is a form of regional citizenship that covers a variety of social and political rights. Therefore should hembygdsrätt receive a poltical and judicial recognition as a citizenship within community and national law.