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Strasbourg, 27 November 2002
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CDL (2002) 145
English only
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Opinion no. 227/2002
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EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
CONSTITUTION
OF THE PRINCIPALITY OF LIECHTENSTEIN
incorporating proposed amendments
by the princely house
and detailing the amendments proposed by
the “citizens’ initiative for constitutional peace”*
·
The amendments proposed by the Princely House are incorporated into the
text of the Constitution and changes are indicated as such. The amendments
proposed by the “Citizens’ Initiative for Constitutional Peace” appear as
footnotes.
Constitution
of the Principality of Liechtenstein
of 5 October 1921
Chapter I
The Principality
Art. 1
1) The
Principality of Liechtenstein constitutes, by the union of both its regions,
Vaduz and Schellenberg, an indivisible and inalienable whole; the is
a state consisting of two regions with eleven communes. It is based upon the
principle of enabling the people residing within its borders to live in peace
and freedom. The region of Vaduz (Oberland) consists of the communes of
Vaduz, Balzers, Planken, Schaan, Triesen and Triesenberg; the region of
Schellenberg (Unterland) consists of the communes of Eschen, Gamprin, Mauren,
Ruggell and Schellenberg.
The purpose
of the amendment to Art. 1, para. 1 is to affirm that residence in the
Principality of Liechtenstein is voluntary and that the State is not an end in
itself but serves to enable its inhabitants to live in peace and freedom (Art.
4).
2) Vaduz is the
capital and the seat of the State authorities the Diet and the
Government.
Art. 2
The Principality
is a constitutional, hereditary monarchy on a democratic and parliamentary
basis (Arts. 79 and 80); the power of the State is inherent in and issues from
the Prince Regnant and the People and shall be exercised by both in accordance
with the provisions of the present Constitution.
Art. 3
The succession to
the throne, hereditary in the Princely House of Liechtenstein, the
coming-of-age of the Prince Regnant and of the Heir Apparent, as well as any
guardianship which may be required, are to be determined by the laws of the
Princely House the Princely House in the form of a Law on the
Princely House.
The Law on the Princely House is a
law "sui generis". Amendments to it cannot amend the State
Constitution or vice versa.
Art. 4
1) Changes in the boundaries of the territory of the
State or of individual communes thereof, the creation of new may
only be made by a law. Boundary changes between communes
and the union of existing ones may take place only by virtue of a law also
require a majority decision of the citizens residing there who are entitled to
vote.
2) Individual communes have the right to secede from the
State. A decision to initiate the secession procedure shall be taken by a
majority of the citizens residing there who are entitled to vote. Secession
shall be regulated by a law or, as the case may be, a treaty. In the latter
event, a second ballot shall be held in the commune after the negotiations have
been completed.
Boundary changes must be effected by law. "Citizens
residing there" means people who have their ordinary residence in the
commune or residents of other communes currently living in the commune
concerned. A law can regulate the secession of a commune in general. It would,
for example, have to deal with the adaptation of Art. 1 or the division of
assets and liabilities between the Principality of Liechtenstein and the
seceding commune. If secession is not regulated by an ordinary law, a treaty
would have to be concluded either with the seceding commune or, in the event of
its not becoming an independent entity and joining another state, a state. Both
methods of regulating secession require the assent of the Prince, the Diet and,
where appropriate, the people. In the event of the conclusion of a treaty, it
would in any event be necessary to hold a second ballot in the commune
concerned in addition to obtaining the assent of the Principality of
Liechtenstein following the completion of the negotiations.
Art. 5
The coat of arms
of the State is that of the Princely House of Liechtenstein; the national
colours are blue and red.
Art. 6
The German
language is the national and official language.
Chapter II
The Prince
Regnant
Art. 7
1) The Prince
Regnant is the Head of State and shall exercise his sovereign authority in
conformity with the provisions of the present Constitution and of the other
laws.
2) His person
is sacred and inviolable The Prince Regnant is not subject to the
jurisdiction of the courts and does not have legal responsibility. The same
applies to any member of the Princely House who exercises the function of head
of state in accordance with Art. 13bis.
The text has been amended to correspond to the normal
provisions relating to the immunity of heads of state in monarchies and
republics.
Art. 8
1) The Prince
Regnant shall represent the State in all its relations with foreign countries,
without prejudice to the necessary participation of the responsible Government.
2) Treaties by
which national territory is ceded, national property alienated, rights of
sovereignty or State prerogatives disposed of, any new burden for the
Principality or its citizens imposed or any obligation to the detriment of the
rights of the People of the Principality contracted shall not be valid unless
they have received the assent of the Diet.
Art. 9
Every law shall
require the sanction of the Prince Regnant in order to acquire validity.
Art. 10
1) The Prince Regnant shall take, through the
Government, and independently of the Diet, the steps required for the execution
and administration implementation and enforcement of the
laws, and any action required in pursuance of the powers of administration and
supervision, and shall issue the requisite ordinances (Art. 92). In urgent cases
he shall take the necessary measures for the security and welfare of the State.
2) Emergency decrees may
not set aside the Constitution as a whole or individual provisions of it but
may only limit the applicability of individual provisions. Emergency decrees
can neither limit every person's right to life, the prohibition of torture and
inhuman treatment or the prohibition of slavery and forced labour nor place any
restriction on the "no punishment without law" rule. Moreover, the
provisions of this article cannot limit the scope of Arts. 3, 13ter and 113.
Emergency decrees shall cease to apply six months after they have been issued.
The Prince can only issue
emergency decrees in individual cases, i.e. when there is a current emergency.
Emergency decrees must be published in the National Legal Gazette
(Landesgesetzblatt, LGBl.). According to Art. 3 (g) of the Promulgation Act
(LGBl. 1985/41), they are also subject to the obligation to publish legislation
within the meaning of the second paragraph of Arts. 10 to 13. Art. 85 of the
Constitution states they must be countersigned by the head of government. If
there is no head of government or he/she or his/her deputy is unable to
countersign an emergency decree, the oldest Government Councillor shall do so instead
(Art. 88). If no member of the Government is authorised to exercise this
office, the Prince can, in urgent cases, take the necessary precautions for the
security or welfare of the State.
Emergency decrees are limited in
terms of their period of validity and their content. The legal limits laid down
by the European Convention on Human Rights with regard to the rights of a state
in an emergency are now incorporated into the Constitution. The normal
legislative process must be followed if emergency decrees are to be integrated
into ordinary legislation.
An emergency decree is a temporary
measure and enables neither a provision of the State Constitution nor of the
Law on the Princely House to be set aside. It can only limit the applicability
of certain constitutional rules. After it has ceased to be valid, the
Constitution must once again be fully applicable and no separate order is
required for this. When an emergency decree ceases to be in force the
impediment to the applicability of the rules concerned is removed ipso jure.
The provisions of Art. 3 of the Constitution cannot be limited by an
emergency decree as they are regulated by the Law on the Princely House
(succession to the throne, Art. 12; the coming of age of the Prince Regnant and
the Hereditary Prince, Art. 12; guardianship and regency, Art. 17).
Art. 18 of the Law on the Princely
House states: "The Constitution of the Princely House of Liechtenstein can
neither be amended nor repealed by the Constitution of the Principality of
Liechtenstein". The same applies vice versa.
Art. 11
The Prince
Regnant shall appoint the State officials the judges in
conformity with the provisions of the present Constitution (Art
96). New permanent official posts may be created only with the
assent of the Diet.
Art. 12
1) The Prince
Regnant shall possess the prerogative of remitting, mitigating or commuting
sentences which have been legally pronounced, and of quashing prosecutions that
have been initiated.
2) Only at the
instigation of the Diet shall the Prince Regnant exercise his prerogative of
remission or mitigation in favour of a member of the Government sentenced on
account of his official acts.
Art. 13
1) Every successor
to the throne shall, before receiving the oath of allegiance, declare
upon his Princely honour and dignity in a written proclamation that he will
govern the Principality of Liechtenstein in conformity with the Constitution
and the other laws, that he will maintain its integrity, and will observe the
rights of sovereignty indivisibly and in like manner.
The word
"Regierungsnachfolger" (translator's note: literally successor in
government") has been replaced by "Thronfolger" (translator's
note: successor to the throne, so unchanged in the translation) in
accordance with the general principle of this constitutional revision only to
use the word "Regierung" (government) in connection with the
government in the usual sense of the word and not for the Prince. See also
Arts. 13bis and 51.
2) Annulled
Art. 13bis
The Prince
Regnant may entrust the next Heir Apparent of his House who has attained
majority with the exercise of the sovereign powers held by him as his
representative should he be temporarily prevented or in preparation for the
Succession.
The remarks in respect of Art. 13
also apply to this amendment. See also Art. 51. (Translator's note: as
above, no change in the translation.)
Art. 13ter
Not fewer than 1500 citizens have the right to table
a reasoned motion of no confidence against the Prince. The Diet must issue a
recommendation on this at its next sitting and order the holding of a
referendum in accordance with Art. 66, para. 6. If the motion is accepted in
the referendum, it must be communicated to the Prince for consideration under
the Law on the Princely House. The Prince must inform the Diet within six
months of the decision reached in accordance with the said Law.
If a motion of no confidence is
accepted in a referendum, it is passed to the Prince for consideration.
According to Arts. 14 and 15 of the Law on the Princely House, such a motion
must be dealt with expeditiously, which means the decision of all the members
of the Princely House entitled to vote must be made in such a way that the
entire duration of the procedure to be carried out under the Law on the
Princely House, including the time taken to inform the body appointed to
represent the Liechtenstein people under the Constitution of the Principality,
must not exceed six months (Art 16, para. 1 b and Art. 16, para. 2).
If the Prince behaves in a way
detrimental to the reputation, honour or welfare of the Princely House or the
Principality of Liechtenstein, the Family Council is entitled and obliged to
institute disciplinary proceedings against him (Art 14, para. 1 of the
Constitution of the Princely House). The Family Council can either issue him
with a caution as a disciplinary measure or order his deposition.
A precondition for the deposition
of the Prince as a disciplinary measure is either that the caution has not
achieved the desired effect because he has failed to discontinue the misconduct
he was accused of or that his misconduct was so serious with regard to its
nature, extent, duration or consequences that the issue of the caution as a
disciplinary measure must be seen to have been clearly insufficient from the
outset (Art. 14, para. 2 c of the Law on the Princely House).
The body appointed by the people
of Liechtenstein under the Constitution of the Principality (currently the
Diet) must be informed of the decision, together with the reasons for it,
without delay (Art. 16, para. 2 of the Law on the Princely House).
The Family Council may also depose
the Prince at any time after the six-month time-limit has expired.
According to Art. 10, para. 2 of
the Law on the Princely House, the Prince is not a member of the Family
Council.
Chapter III
Functions of the
State
Art. 14
The supreme
function of the State is to promote the general welfare of the People. For this
purpose, the State shall provide for the institution and maintenance of law,
and for the protection of the religious, moral and economic interests of the
People.
Art. 15
The State shall
devote particular attention to education and schooling. This must be so ordered
and administered that, from the co-operation of the family, the school and the
Church, the younger generation may be imbued with religious and moral
principles and patriotic sentiments and may be fitted for their future
occupations.
Art. 16
1) The whole
field of education and schooling shall be under the supervision of the State,
without prejudice to the inviolability of the doctrine of the Church.
2) Education
shall be compulsory for all.
3) The State
shall ensure that adequate compulsory instruction in the elementary subjects is
given free of charge in public schools.
4) Religious
instruction shall be given by the Church authorities.
5) All persons
with children in their care shall ensure that they receive education of the
standard prescribed for public elementary schools.
6) Annulled
7) Annulled
8) Private
education shall be permissible provided that it conforms with the legal
regulations governing the period of schooling, the educational aims and the
arrangements prevailing in the public schools.
Art. 17
1) The State
shall support and promote education and schooling.
2) It shall
provide appropriate scholarships to help children of good intellectual
attainments but without financial means attend institutes of higher education.
Art. 18
The State shall
be responsible for the public health system, assist institutions for the care
of the sick, and seek by legislation to combat intemperance and to reform
alcoholics and work-shy persons.
Art. 19
1) The State
shall safeguard the right to work and shall protect the workers, especially
women and young persons employed in commerce and industry.
2) Sundays and
public holidays recognized by the State shall be observed as public days of
rest, without prejudice to the legal regulations concerning rest on Sundays and
public holidays.
Art. 20
1) To increase
employment and to advance its economic interests, the State shall promote and
assist agriculture, alpine farming, trade and industry. In particular, it shall
promote insurance against damage and injuries to which workers and goods are
exposed, and shall take measures to prevent such injuries and damage.
2) It shall pay
special attention to the development of the transportation system in accordance
with modern requirements.
3) It shall
support landslide control measures and afforestation and drainage operations
and shall monitor and encourage every endeavour to develop new sources of
income.
Art. 21
The State shall
possess sovereign rights over waters in conformity with the laws existing or to
be enacted hereafter in this matter. The utilisation and distribution of such
waters and flood control measures shall be regulated by law and promoted, with
due regard to the development of technology. Rights relating to electricity
shall be regulated by law.
Art. 22
The State shall
exercise sovereign rights over hunting, fishing and mining; when legislating on
these matters, it shall protect the interests of agriculture and of communal
revenues.
Art. 23
The currency and
banking system shall be regulated by the State.
Art. 24
1) By enacting
the necessary legislation, the State shall provide for an equitable system of
taxation, which shall exempt from taxation incomes below a minimum standard of
living and shall impose heavier burdens on persons in higher wealth or income
brackets.
2) The financial
situation of the State must be improved to the utmost possible extent and every
effort must be made to open up new sources of revenue to meet public needs.
Art. 25
Public poor
relief shall be administered by the communes in conformity with specific laws.
The State shall be responsible, however, for the supervision of such
activities. It may grant appropriate assistance to the communes, especially for
the proper care of orphans, the mentally handicapped, persons suffering from
incurable diseases and the aged.
Art. 26
The State shall
support and promote health, old age, disability and fire insurance schemes.
Art. 27
1) The State
shall provide for a rapid procedure for legal actions and the execution
thereof, under conditions that will safeguard material rights; it shall also
provide for a system of administrative law based on the same principles.
2) The exercise
of the professional representation of parties shall be regulated by law.
Chapter IV
General Rights
and Obligations of Citizens of the Principality
Art. 28
1) Every citizen
shall be freely entitled to reside in any locality within the territory of the
State and to acquire property of any description, provided that he observes the
detailed legal regulations relating to such matters.
2) The domicile
rights of aliens shall be determined by treaties or, in their absence, on a
basis of reciprocity.
3) Persons
staying within the territory of the Principality shall be bound to observe its
laws and shall be entitled to the protection afforded by the Constitution and
the other laws.
Art. 29
1) All citizens
shall be entitled to civic rights in conformity with the provisions of the
present Constitution.
2) All citizens
who have completed their 18th year, have their normal residence in the
Principality and whose right to vote has not been lost may exercise all
political rights in matters of State.
Art. 30
The conditions
under which citizenship rights may be acquired or forfeited shall be determined
by law.
Art. 31
1) All citizens shall be
equal before the law. The public offices shall be equally open to them, subject
to observance of the legal regulations.
2) There shall be
equality of rights between the sexes.
3) The rights of
aliens shall be determined in the first instance by treaties, or, in the
absence of such, on the basis of reciprocity.
Art. 32
1) Personal
liberty, the immunity of the home and the inviolability of letters and written
matter are guaranteed.
2) Except in the
cases specified in law and in the manner thus prescribed, no person may be
arrested or detained in custody, no houses or persons may be searched and no
letters or written matter may be examined or seized.
3) Persons
arrested unlawfully or when demonstrably innocent and those proved innocent
after conviction shall be entitled to full compensation from the State as
determined by the courts. Whether and to what extent the State has a right of
recourse against third parties in such cases shall be regulated by law.
Art. 33
1) Nobody may be
deprived of his proper judge; special tribunals may not be instituted.
2) Nobody may be
threatened with or subjected to penalties other than those provided by the law.
3) Accused
persons shall have the right of defence in all penal proceedings.
Art. 34
1) The
inviolability of private property is guaranteed; confiscation may only take
place in such cases as determined by law.
2) Copyright
shall be regulated by law.
Art. 35
1) Where
necessary in the public interest, property of any kind may be compulsorily
assigned or subjected to an encumbrance, against appropriate compensation, the
amount of which in cases of dispute shall be determined by the courts.
2) The procedure
for expropriation shall be regulated by law.
Art. 36
Trade and
industry shall be free within the limits prescribed by law; the extent to which
exclusive commercial and industrial privileges may be admissible for specified
periods of time shall be regulated by law.
Art. 37
1) Freedom of
belief and conscience are guaranteed for all persons.
2) The Roman
Catholic Church is the State Church and as such enjoys the full protection of
the State; other confessions shall be entitled to practise their creeds and to
hold religious services to the extent consistent with morality and public
order.
Art. 38
The right of
ownership and all other proprietary rights of ecclesiastical communities and
religious associations in respect of their institutions, foundations and other
possessions devoted to worship, education and charity are guaranteed. The
administration of Church property in the parishes shall be regulated by a
special law; the assent of the Church authorities shall be sought before the
said law is promulgated.
Art. 39
The enjoyment of
civil and political rights shall not be dependent on religious belief nor may
the latter constitute a ground for any dereliction of civil obligations.
Art. 40
Every person
shall be entitled to freely express his opinion and to communicate his ideas by
word of mouth or in writing, print or pictures within the limits of the law and
morality; no censorship may be exercised except in respect of public
performances and exhibitions.
Art. 41
The right of free
association and assembly is guaranteed within the limits prescribed by law.
Art. 42
The right to
petition the Diet and the National Committee is guaranteed; not only
individuals whose rights or interests are affected but also communes and
corporations are entitled to have their wishes and requests brought before the
Diet by a member of that body.
Art. 43
The right of
complaint is guaranteed. Any citizen shall be entitled to lodge a complaint
regarding any action or procedure on the part of a public authority which is
contrary to the Constitution, the law or the official regulations and
detrimental to his rights or interests. Such complaint shall be addressed to
that authority which is immediately superior to the authority concerned and
may, if necessary, be pursued to the highest authority, except when the right
of recourse may be barred by a legal restriction. If a complaint thus submitted
is rejected by the superior authority, the latter shall be bound to declare to
the complaining party the reasons for its decision.
Art. 44
1) Every man fit
to bear arms shall be liable, up to the completion of his 60th year, to serve
in the defence of his country in the event of emergency.
2) Apart from
this contingency, no armed units may be organised or maintained, except so far
as may be necessary for the provision of the police service and the
preservation of internal order. Detailed regulations regarding this matter
shall be laid down by law.
Chapter V
The Diet
Art. 45
1) The Diet is
the legal organ representing all the citizens of the Principality and as such
has the duty of safeguarding and vindicating the rights and interest of the
People in relation to the Government in conformity with the provisions of the
present Constitution and also of promoting as far as possible the welfare of
the Princely House and of the country while faithfully adhering to the
principles laid down in this Constitution.
2) The rights
appertaining to the Diet may only be exercised in the lawfully constituted
assembly of that body.
Art. 46
1) The Diet shall
consist of 25 Representatives who shall be elected by the People by universal,
equal, secret and direct suffrage according to the system of proportional
representation. The Upper Country (Oberland) and the Lower Country (Unterland)
shall each form a constituency. Of the 25 Representatives, 15 shall be elected
by the Upper Country and 10 by the Lower Country.
2) In addition to
the 25 Representatives, substitutes shall be elected in each constituency. For
each three Representatives in a constituency, each electoral group shall have
one substitute but if an electoral group has obtained one mandate it shall have
at least one substitute.
3) Mandates shall
be distributed among electoral groups which have obtained at least eight
percent of the valid votes cast in the country as a whole.
4) The members of
the Gouvernment and the Courts may not be members of the Diet at the same time.
5) Detailed
regulations regarding the conduct of the elections shall be laid down in a
special law.
Art. 47
1) The
Representatives shall be elected for four years, provided that the regular
elections shall be held in the February or March of the year when the fourth
year of their mandate ends. Representatives shall be eligible for reelection.
2) Annulled
Art. 48
1) The Prince
Regnant has the right, subject to the exception laid down in the following
paragraph, to convene the Diet, to close it, and, on warrantable grounds, which
must on each occasion be communicated to the assembled Diet, to prorogue it for
three months or to dissolve it. The prorogation, closing or dissolution of the
Diet may only be proclaimed before the assembled Diet.
2) In pursuance of a
substantiated written request submitted by not less than 1,000 citizens
entitled to vote or of a resolution adopted by the communal assemblies of not
less than three communes, the Diet must be convened.
3) Subject to the
same conditions as in the preceding paragraph, 1,500 citizens entitled to vote
or four communes which have adopted resolutions to that effect at their
communal assemblies may demand a referendum with regard to the dissolution of
the Diet.
Art. 49
1) The regular
convocation of the Diet shall be issued at the beginning of every year in the
form of a Princely edict, indicating the place, day and hour of the assembly.
2) The sessions
of the Diet during the course of the year shall be decreed by its President.
3) When a period
of prorogation has expired, a fresh summons convening the Diet shall be issued
within one month in the form of a Princely edict.
4) Should a
Representative be prevented from attending one or several consecutive sittings,
a substitute from his electoral group shall sit and vote in his place.
Art. 50
Should the Diet
be dissolved, new elections must take place within six weeks. The newly elected
Representatives shall then be summoned to meet within fourteen days.
Art. 51
1) In the case of
an accession to the Throne, the Diet shall be convened to an extraordinary
session within 30 days for the purpose of receiving the declaration of the
successor to the Throne Prince Regnant as provided for in
Art. 13 and of taking the oath of allegiance.
2) If the Diet
has already been dissolved, the new elections shall be expedited so that it may
be convened at the latest on the fortieth day after the accession of the new
sovereign.
The word "Thronwechsel" (literally
"throne change") has been replaced by "Thronfolgefall" ("accession
to the throne") because in a hereditary monarchy the crown, and
therefore the throne, always remain the same and the only change is in the
person who heads the state organ that is symbolised by the crown and the
throne. Translator's note: The change in the German wording does not
affect the English translation.
The other changes have been made
in accordance with the general principle of this constitutional revision only
to use the word "Regierung" (government) in connection with
the government in the usual sense of the word and not for the Prince. See also
Arts. 13 and 13bis.
Art. 52
1) At its first
regularly convened sitting, the Diet shall proceed, under the chairmanship of
its oldest member, to the election of a President and a Vice-President from
among its members to direct its business for the current year.
2) Annulled
Art. 53
The
Representatives shall be bound to attend in person at the seat of the Government
in compliance with the notice of convocation. If a Representative is impeded
from attending, he must, on receiving the first notice of convocation, promptly
notify the Government and subsequently the President, stating the reasons
preventing his attendance. If the impediment is of a permanent nature, a
by-election shall be held, if the Representative cannot be replaced by the
substitution system.
Art. 54
1) The Diet shall
be opened with due solemnity by the Prince Regnant, in person or by his proxy. All
the new members shall swear the following oath to the Prince Regnant or his
proxy:
"I hereby
swear to observe the State Constitution and the existing laws and to promote in
the Diet the welfare of the country, without any ulterior motives, to the best of
my ability and conscience. So help me God."
2) Subsequent
members of the Diet shall take this oath before the President.
Art. 55
The Diet shall be
closed by the Prince Regnant, in person or by his proxy.
Art. 56
1) No
Representative may be arrested while the Diet is in session without the assent
of that body unless he is apprehended in flagrante delicto.
2) In the latter
case, the arrest and the grounds therefore must be notified forthwith to the
Diet, which shall decide whether the arrest is to be sustained. All papers
relating to the case must be placed immediately at the disposal of the Diet if
it so requests.
3) If a
Representative is arrested at a time when the Diet is not in session, the
National Committee must be notified forthwith, and informed at the same time of
the grounds for the arrest.
Art. 57
1) The members of
the Diet shall vote solely according to their oath and their convictions. They
shall never be made to answer for their votes; for their utterances at sittings
of the Diet or its committees, they shall be responsible to the Diet alone and
can never be sued before a court of justice in respect thereof.
2) The exercise
of disciplinary powers shall be regulated by rules of procedure to be issued
hereafter.
Art. 58
1) For a decision
of the Diet to be valid, at least two-thirds of the statutory number of
Representatives must be present and it must be adopted by an absolute majority
of the members present, except as may otherwise be provided in the present
Constitution or in the rules of procedure. The same rules shall apply to
elections which the Diet has to undertake.
2) In the event
of an equal division of votes, the President shall have the casting vote: for
an election, after the third round of voting and in all other cases after the
first round.
Art. 59
1) Complaints
relating to elections shall be referred to the State Court.
2) The Diet shall
adjudicate on the validity of the election of its members and of the election
as such on the basis of the election records and, if applicable, of the
decision of the State Court (validation procedure).
Art. 60
The Diet shall
adopt its rules of procedure by a resolution and with due regard to the
provisions of the present Constitution.
Art. 61
Representatives
shall receive from the State Treasury a daily allowance and travel expenses as
prescribed by law.
Art. 62
In particular,
the following matters shall fall within the sphere of activity of the Diet:
a) participation in the work of legislation in
accordance with the Constitution;
b) participation in the conclusion of treaties
(Art. 8);
c) the establishment of the annual budget and the
authorization of taxes and other public dues;
d) resolutions on credits, pledges and loans
chargeable to the State, and the purchase and sale of State property;
e) the resolution on the annual report furnished
annually by the Government on the whole of the State administration;
f) the submission of suggestions and complaints and
the exercise of control with regard to the State administration as a
whole (Art. 63); and its various branches;
As in the case of Art. 63, the
Commission proposed that express mention also be made in Art. 62 f) of
exercising control over the government as one of the essential tasks of a
parliament.
g) the impeachment of members of the Government
before the State Court for breaches of the Constitution or of other laws.
h) taking a decision on a
vote of no confidence against the Government or one of its members.
A new sub-paragraph (h) should be
added to Art. 62 stating that the functions of the Diet include taking a
decision on a vote of no confidence against the Government or one of its
members (Art. 80).
Art. 63
1) The Diet shall
have the right of control over the whole of the State administration; it shall
exercise this right inter alia through an audit committee
which it shall elect. Its right of control extends neither to the
judgments of the courts nor the functions assigned to the Prince.
A strict interpretation of the old
wording could lead to the opinion being held that the Diet can only exercise
control over the State administration through the audit committee, so the
Constitutional Commission proposed clarifying the situation by inserting the
words "inter alia". In order to make clear the scope of the
Diet's right of control within the meaning of the concept of the separation of
powers enshrined in the Constitution of the Principality, it appears sensible
to make express mention of the activities of the courts and the Prince, which
are not subject to such controls.
2) The Diet may
at any time bring defects or abuses which it has observed in the State
administration directly to the notice of the Prince Regnant or the
Government by the submission of memorials or complaints and to request
their redress. The results of the enquiry instituted in respect of such matters
and the measures ordered in consequence shall be communicated to the Diet.
This addition corresponds better
to the situation today and is particularly sensible in view of the Prince's
decision not to appoint civil servants (Art. 11).
3) Annulled
4) The
representative of the Government must be given a hearing and shall be bound to
answer interpellations addressed to him by members of the Diet.
Art. 63bis
The Diet has the
right to appoint investigational committees. It is obliged to do so when at
least one quarter of the number of Representatives fixed by law requests this.
Art. 63ter
The Diet shall
have the right to appoint a Finance Commission to which the passing of
resolutions on the acquisition or alienation of landed property may also be
transferred.
Art. 64
1) The right of initiative with regard to legislation,
that is to say, the right of introducing bills, shall appertain to:
a) the Prince
Regnant, in the form of Government bills;
b) the Diet
itself;
c) citizens with the right to vote, subject to
the following provisions.
2) If not less
than 1,000 citizens entitled to vote, whose signatures and qualification to
vote are duly certified by the authorities of the commune in which they reside,
submit a petition in writing or if at least three communes do so in the form of
resolutions of the communal assembly in similar terms requesting the enactment,
amendment or revocation of a law, such petition must he debated at the next
session of the Diet.
3) If a petition
from one of the organs referred to under a) to c) above concerns the enactment
of a law which has not already been provided for in the present Constitution
and the adoption of which would involve public expenditure, whether in a single
sum not provided for in the Finance Bill or in payments extending over a longer
period, such petition shall only be discussed by the Diet if it is accompanied
by proposals for providing the necessary funds.
4) A petition
submitted under the right of initiative and concerning the Constitution may
only be brought by not less than 1,500 citizens entitled to vote or by at least
four communes.
5) Further
detailed regulations regarding this popular initiative shall be laid down in a
law.
Art. 65
1) Without the
participation of the Diet, no law may be issued, amended, or declared to be in
force. For a law to become valid, it must in every case receive the assent of
the Diet and be sanctioned by the Prince Regnant, countersigned by the
responsible Head of the Government or his deputy and promulgated in the National
Legal Gazette (Landesgesetzblatt). If the Prince does not give his assent
within six months, it shall be deemed to have been refused.
The Constitutional Commission has
proposed this additional sentence to make the situation clear when the Prince
does not give his assent to laws.
2) In addition, a
popular vote (referendum) shall be held under the conditions set forth in the
following article.
The word "paragraph" in
the current text originates from the 1862 Constitution. The 1921 Constitution
contains the word "article" instead, so the Constitutional Commission
proposed amending the new text accordingly. (Translator's note: there is no
change in the translation, in which "article" is already used.)
Art. 66
1) Every law
passed by the Diet which it does not declare to be urgent or any financial
resolution which it does not declare urgent, if it involves a new non-recurrent
expenditure of not less than 300,000 francs or a new annual expenditure of
150,000 francs, shall be submitted to a referendum if the Diet so decides or if
not less than 1,000 citizens with the right to vote or not less than three
communes submit a petition to that effect, according to the procedure
prescribed in Art. 64, within 30 days of the official publication of the
resolution of the Diet.
2) If the issue
affects the Constitution as a whole or in part, the demand for a referendum
must be made by not less than 1,500 citizens with the right to vote or by not
less than four communes.
3) The Diet is
authorized to call for a referendum on the adoption of any of the principles
embodied in a proposed law.
4) The referendum
shall be held by communes; the acceptance or rejection of the resolution on the
enactment of the law shall be decided by an absolute majority of the valid
votes recorded in the whole of the country.
5) Resolutions on
the enactment of laws subject to a referendum shall not be submitted to the
Prince Regnant for sanction until the referendum has been held or until the
statutory period of thirty days within which a petition for a referendum may be
submitted has expired without any such action.
The phrase "nach fruchtlosem
Ablauf der für die Stellung des Begehrens" was not contained in the
original 1921 Constitution and was subsequently inserted by hand by Government
Secretary Ferdinand Nigg (1923-1945). As this is a correction of an editorial
error, the Constitutional Commission proposed inserting it in the full
version. (Translator's note: There
is no change in the English translation as it already takes account of
this correction.)
6) If the Diet
rejects a bill drawn up in due form and accompanied if necessary by proposals
for providing the necessary funds and which has been submitted to it through
the procedure of the popular initiative (Art. 64 Para. 1 lit. c), the said bill
shall be submitted to a referendum. The acceptance of the bill by the citizens
entitled to vote shall then have the same force as a resolution of the Diet
otherwise necessary for the adoption of a law.
7) Further
detailed regulations regarding the referendum shall be issued in the form of a
law.
Art. 66bis
1) Any resolution
of the Diet concerning assent to a treaty (Art. 8) must be submitted to a
referendum if the Diet so decides or if not less than 1,500 citizens with the
right to vote or not less than four communes submit a petition to that effect,
according to the procedure prescribed in Art. 64, within 30 days of the
official publication of the resolution of the Diet.
2) In the
referendum, the acceptance or rejection of the resolution by the Diet shall be decided
by an absolute majority of the valid votes recorded in the whole of the
country.
3) Further
detailed regulations regarding the referendum shall be issued in the form of a
law.
Art. 67
1) Unless it
contains any other stipulation, a law shall come into force on the expiry of
eight days after the date of its publication in the National Legal Gazette.
2) The manner and
extent of the publication of laws, finance resolutions, treaties, regulations,
resolutions of international organizations and of the law applicable by reason
of international treaties shall be regulated by law. For the law applicable in
Liechtenstein by reason of international treaties, a publication may be
arranged in a simplified form, in particular as a reference publication to
foreign codes.
3) The legal
regulations coming into force in future and applicable to Liechtenstein by
reason of the Agreement of 2 May 1992 on the European Economic Area shall be
published in an EEA compendium of laws. The manner and extent of the
publication in the EEA compendium of laws shall be regulated by law.
Art. 68
1) Without the approval
of the Diet, no direct or indirect taxes or any other public dues or general
levies, under any designation whatsoever, may be imposed or collected. The fact
that this approval has been given must be expressly mentioned in the tax demand
notice.
2) The system by
which all public taxes and dues are to be apportioned, their incidence on
persons and objects, and the manner in which they are to be collected shall
also require the approval of the Diet.
3) Taxes and dues
shall normally be authorized for the period of one administrative year.
Art. 69
1) With regard to
the State administration, the Government shall submit to the Diet for
examination and approval preliminary estimates of all expenditures and revenues
for the coming administrative year, accompanied by proposals for the taxation
which is to be levied.
2) In the first
half of each administrative year, the Government shall submit to the Diet an
exact statement relating to the preceding administrative year, showing the
manner in which revenues approved and collected were applied to the purposes
set forth in the preliminary estimates, with the provision, however, that if
the latter have been exceeded on justifiable grounds the Diet must give its
approval, and that in the absence of justification the Government shall be
answerable.
3) Government
shall be entitled, subject to the same conditions as above, to incur
expenditure of an urgent character not provided for in the estimates.
4) Economies
effected in the case of individual items of the estimates may not be applied to
cover excess expenditure for other items.
Art. 70
The Diet, acting in
agreement with the Prince Regnant, shall have control over the assets of the
State Treasury. The Government shall administer the financial assets
of the State in accordance with principles which it shall lay down in agreement
with the Diet. It shall submit a report to the Diet together with the annual
accounts (Art. 69, para. 2).
The new wording of this article
proposed by the Constitutional Commission corresponds better to the situation
today.
Chapter VI
The National
Committee
Art. 71
The National
Committee (Landesausschuss) shall be constituted to act in place of the Diet
for any business which requires the participation of the latter or of its
committees during the period between the adjournment, closing or dissolution of
the Diet and the date of its next meeting, without prejudice, however, to the
provisions of Arts. 48 to 51 concerning the time limits for the reconvocation
of the Diet and for the holding of new elections.
Art. 72
1) The National
Committee shall be composed of the President of the Diet, who shall be
represented if unable to attend by his deputy, and of four other members, to be
elected by the Diet from its midst, equal consideration being given to the
Upper Country (Oberland) and the Lower Country (Unterland).
2) Under all
circumstances, the Diet must be enabled to hold this election during the same
session at which its prorogation, closing or dissolution is announced.
Art. 73
The term of
office of the National Committee shall expire when the Diet reconvenes.
Art. 74
The National
Committee shall have the following special powers and duties:
a) to ensure that the Constitution is observed,
that steps are taken for the execution of the decisions of the Diet, and, if
the Diet should have been dissolved or adjourned, that it is reconvened within
the prescribed time;
b) to audit the accounts of the State Treasury
and to transmit the same to the Diet, together with its report and proposals;
c) to append its signature to acknowledgements in
respect of debts and securities made out against the State Treasury in
pursuance of a previous resolution of the Diet;
d) to carry out special tasks entrusted to it by
the Diet for the preparation of future proceedings of the latter;
e) in urgent cases, to bring matters to the
notice of the Prince Regnant or the Government, and to lodge
representations, protests or remonstrances in the case of any menace to or
violation of constitutional rights;
f) should the circumstances require it, to
propose the convocation of the Diet.
Art. 75
The National
Committee may not enter into any permanent obligation on behalf of the
Principality and shall be responsible to the Diet for its conduct of affairs.
Art. 76
1) The meetings
of the National Committee shall take place as required at the seat of the
Government upon convocation by the President.
2) For its
decisions to be valid, at least three members must be present.
Art. 77
During the
sessions of the National Committee, its members shall receive the same daily
allowance and travel expenses as the members of the Diet.
Chapter VII
The
Authorities The Government
A.
The Government
Art. 78
1) Subject to the
following provisions of this article, the whole of the national administration
shall be conducted by the Collegial Government responsible to the Prince
Regnant and the Diet in conformity with the provisions of the present
Constitution and the other laws.
2) To be dealt
with independently, specific functions may be transferred by law or by legally
binding authorizations to certain officials, government offices or special
commissions, subject to recourse to the Collegial Government.
3) Special
commissions for dealing with complaints may be set up by law to act on behalf
of the Collegial Government.
4) For the
performance of economic, social and cultural obligations, special corporations,
institutions and foundations of public law may be established by legislation
and placed under the supervision of the Government.
Art. 79
1) The Collegial
Government shall consist of the Head of the Government and four Government
Councillors.
2) The Head of
the Government and the Government Councillors shall be appointed by the Prince
Regnant with the concurrence of the Diet and on the proposal of the latter. A
substitute shall be appointed in like manner for the Head of the Government and
for each Government Councillor to represent the member of the Government in
question who may be prevented from attending the meetings of the Collegial
Government.
3) On the
proposal of the Diet, one of the Government Councillors shall be appointed by
the Prince Regnant as the Deputy Head of the Government.
4) The members of
the Government must be natives residents of Liechtenstein
and eligible for the Diet.
Under the present Constitution,
various public offices are reserved for natives of Liechtenstein. This rule
affects such people as the members of the Government, the President and Deputy
Presidents of the Administrative Court and the President and majority of
members of the State Court. Corresponding provisions are to be found in Arts.
79, 102 and 105 of the Constitution. In a motion tabled by the Patriotic Union
in 1992, the Government was invited to examine whether the Constitution could
be amended to allow important offices (ie, the members of the Government, the
President and Deputy Presidents of the Administrative Court and the President
and majority of members of the State Court) to be open to non-native residents
of Liechtenstein. In the Government's opinion, the rule that only natives of
Liechtenstein may be appointed to the most important state offices –
understandable given the genesis of the present Constitution – is outdated and
no longer has the importance it had when the text was originally drafted. On
the contrary, the relevant articles of the Constitution contain unjustifiable
rules providing for the unequal treatment of native and non-native residents of
Liechtenstein. Important public offices should therefore be open not only to
natives of Liechtenstein but also all residents of the Principality. This
amendment thus also concerns Art. 79, para. 4, Art. 102, para. 1 and Art. 105.
5) When the
Collegial Government is appointed, care must be taken that at least two members
are chosen from each of the two regions. Their substitutes must be chosen from
the same region.
6) The period of
office of the Collegial Government shall be four years. Until a new Government
is appointed (translator's note: the change in German here does not affect
the English translation), the previous members shall be responsible for
carrying on Government business unless Art. 80 is applied.
Art. 80
1) If a
member of the Government, through his conduct of affairs, should lose the
confidence of the Diet, the latter may request the Prince Regnant to remove the
member of the Government in question from his office, without prejudice to its
right to bring a charge before the State Court. If the Government
loses the confidence of the Prince Regnant or the Diet, its shall lose its
power to exercise its functions. For the period until the new Government comes
to office, the Prince shall, in application of the provisions of Art. 79,
paras. 1 and 4, appoint an interim Government to carry out the administration
of the state (Art. 79, para. 1). After four months at the latest, the interim
Government shall submit itself to a vote of confidence in the Diet unless the
Prince has previously appointed a new Government on the Diet's recommendation
(Art. 79, para. 2).
After losing the confidence of the
Prince or the Diet, the Government cannot continue to exercise its functions.
For the period until the new Government enters office, the Prince must appoint
a caretaker Government to carry out the entire administration of the state.
According to Art. 79, para. 6, the new government would have to be appointed
for four years.
2) If a member of the Government loses the
confidence of the Prince Regnant or the Diet, the decision on whether to allow
him or her to stay in office shall be taken by the Prince Regnant in agreement
with the Diet. Until the new member is appointed, the official duties shall be
carried out by his deputy.
The member's "deputy" is
understood to be the member of the Government specified in the organisation
chart of the department concerned.
Art. 81
For a decision of
the Collegial Government to be valid, at least four members must be present and
a majority of those members present must vote in favour. In the event of a tie,
the chairman has the casting vote. Voting is compulsory.
Art. 82
The grounds on
which a member of the Government may be debarred from the performance of an
official act or invited to abstain therefrom shall be laid down in law.
Art. 83
Government
business shall be dealt with partly on a collegial basis and partly on a
departmental basis.
Art. 84
The Collegial
Government shall issue its rules of procedure in the form of a Government
regulation.
Art. 85
The Head of the
Government shall preside at meetings of the Government, deal with business
directly entrusted to him by the Prince Regnant, and countersign the laws and
any decrees or ordinances issued by the Prince Regnant or a Regent. At public
ceremonies he shall be accorded the honours prescribed by the regulations for
the Representative of the Prince Regnant.
Art. 86
1) The Head of
the Government shall submit reports by word of mouth or in writing to the
Prince Regnant with regard to matters placed under the authority of the
Sovereign.
2) The texts of
the decisions adopted by the Sovereign on his proposal shall be signed by the
Prince Regnant with his own hand and shall also be countersigned by the Head of
the Government.
Art. 87
The Head of the
Government shall take his oath of office before the Prince Regnant or the Regent;
the other members of the Government and the State officials shall be sworn in
by the Head of the Government.
Art. 88
If the Head of
the Government should be prevented from attending to his duties, the Deputy
Head of the Government shall take over those functions which, according to the
Constitution, expressly appertain to the Head of the Government. If the Deputy
Head of the Government should also be prevented, the eldest Government
Councillor shall take his place.
Art. 89
The Head of the
Government shall sign the decrees and orders issued by the Government in
pursuance of its decisions taken in council. He shall further exercise direct
supervision over the conduct of business in the Government.
Art. 90
1) All important
matters assigned to the Government, especially the settlement of administrative
disputes, shall be discussed and decided by the Government in council. Certain
less important matters may be assigned by law to the appropriate members of the
Government in accordance with the distribution of Government business to be
dealt with independently.
2) Minutes shall
be taken at Government meetings by the Government Secretary, or, if he should
be prevented, by a substitute to be appointed by the Collegial Government.
3) The Head of
the Government is responsible for executing the decisions of the Collegial
Government. Only if he is of the opinion that a decision is contrary to
existing laws or regulations may he delay its execution. He must, however,
immediately notify the Administrative Court of the matter which, without
prejudice to the right of appeal of a party involved, shall determine whether
the decision shall be implemented or not. Translator's note: the word
"Verwaltungsbeschwerdeinstanz" has been replaced by
"Verwaltungsgerichtshof" (Administrative Court), so there is no
change in the English translation.
Art. 91
At the beginning
of each period of office, the Collegial Government shall distribute its
business between the Head of the Government and the Government Councillors to
prepare the matters to be determined in council and to deal with that business
which by law may be treated independently. A system of mutual deputizing shall
be arranged for cases of indisposition.
Art. 92
1) The Government
shall be responsible for the execution of all laws and of all such tasks as may
be lawfully entrusted to it by the Prince Regnant or the Diet. To give effect
to the laws, it shall issue the necessary implementation regulations which
must, however, remain within the limits of the said laws.
2) To give
effect to the laws and directly applicable treaties, it shall
issue the necessary implementation regulations which must, however, remain
within the limits of the said laws and directly applicable treaties.
3) To meet other
treaty obligations, the Government may issue the necessary decrees provided
that no new laws are required.
4) All
organs of the national administration may only act within the limits of the
Constitution and the other laws and the provisions
of treaties. Even in matters where the law allows the administrative
authorities freedom of judgement, the limits imposed thereon by the law must be
scrupulously observed.
The purpose of the additions to paragraphs 2 and 3 is to
incorporate the meeting of treaty obligations in the Constitution.
Art. 93
The following matters in
particular shall fall within the sphere of action of the Government:
a) surveillance over all authorities and
officials placed under the Government, and the exercise of disciplinary powers
in respect of officials;
b) the allotment of the staff required for the
Government and the other authorities;
c) supervision of the prisons and of the
treatment of persons detained in custody and of convicts;
d) the administration of buildings belonging to
the State;
e) supervision of the despatch of business by the
Princely Court to ensure that it is conducted lawfully and diligently and the
notification to the High Court of Appeal of any irregularities observed;
f) the preparation of the report on its official
activities to be submitted annually to the Diet;
g) the preparation of Government bills for
submission to the Diet and the expression of its opinion on proposals submitted
to it for that purpose by the Diet;
h) the deciding of urgent expenditure not
provided for in the estimates.
Art. 94
The organization
of the administration shall be established by law.
B.
The National Board of Education
Art.
95
Annulled
Art.
96
Annulled
Chapter VIII
The Courts
A. General Provisions
Art. 95
1) The whole
administration of justice shall be carried out in the name of the Prince
Regnant and the people by responsible judges appointed by
the Prince Regnant (Art. 11) The decisions of the judges in the
form of judgments shall be delivered and drawn up "in the name of the
Prince and the people".
The administration of justice is
to be carried out in the name of the Prince and the people instead of only on
behalf of the Prince, thus emphasising the independence of the courts. (Translator's note: the expression
"im Auftrage" (on behalf of) has been changed to "im Namen"
(in the name of). There is no change in the English translation.
2) The
judges, within the lawful limits of their powers and when engaged in
judicial proceedings, shall, in the exercise of their judicial office,
be independent of any influence on the part of the Government. Their
decisions and judgements shall be accompanied by a statement of reasons. The
influence of non-judicial bodies on these decisions and judgements is only
permissible to the extent expressly provided for by the Constitution (Art. 12).
The word "Courts" has
been replaced by "judges" to guarantee the independence of individual
persons and not only the courts as a whole.
The existing reference to the
independence "of any influence on the part of the Government" is too
narrow as it leaves open the possibility of influence by the Diet or the
Prince. However, it would be incompatible with the separation of powers in a
state subject to the rule of law if it were possible, if only "through the
back door" owing to a right of supervision, to exert direct influence on
judicial decision-making. However, this does not conflict with the prerogative
of remitting, mitigating or commuting sentences mentioned in Art. 12.
3) Judges within the meaning of this article are
the judges at all ordinary courts (Arts. 97 to 101), the Administrative Court
(Arts. 102 and 103) and the State Court (Arts. 104 and 105).
Judges within the meaning of this
article are all judges, lay judges and ad hoc judges.
Art. 96
1) For the selection of judges, the Prince Regnant
and the Diet shall employ a joint commission chaired by the Prince, who shall
have a casting vote. He may appoint as many members to this body as the Diet
sends representatives. The Diet shall appoint one member for each electoral
group represented in it. The Government shall appoint its own member
responsible for supervising the administration of justice. The commission's
deliberations shall be confidential. The commission may only recommend
candidates to the Diet with the Prince's assent. If the Diet chooses the
recommended candidate, he or she shall be appointed a judge by the Prince.
The commission will seek
candidates, assess all those nominated and issue a recommendation (eg, an
assessment according to their expertise, professional experience, integrity and
personal aptitude, etc). It will draw up its rules of procedure, which will, inter
alia, deal with the question of deputising for members, the consultation of
experts, the candidate selection procedure and the assessment criteria.
If appointments to the judiciary
are to be made, the Government must inform the Prince and the Diet in good
time.
The President of the Diet must
provide the Diet with the name of the recommended candidate. The commission's
deliberations and recommendations, apart from the recommendation of candidates
to the President of the Diet, should remain confidential. The commission not
only makes recommendations to the President of the Diet but also requests
references for individual candidates.
After the end of his period of
office, a judge can be nominated for, and appointed to, the position to be
filled. The commission may also propose more than one candidate to the Diet for
selection.
2) If the Diet
rejects a candidate recommended by the commission and no agreement on a new
candidate can be reached within four weeks, the Diet shall propose its own
candidate and set a date for a referendum. In the case of a referendum the
citizens entitled to vote shall have the right to nominate candidates under the
conditions of an initiative (Art. 64). If more than two candidates are voted
on, a second ballot must be held in accordance with Art. 113, para. 2. The
candidate who receives the absolute majority of votes cast shall be appointed a
judge by the Prince.
3. A judge appointed for a fixed period shall
remain in office until his successor is
sworn in.
B.
The Ordinary Courts
Art. 97
1) Jurisdiction on
ordinary civil and criminal matters shall be exercised in first
instance by the Princely Court (Landgericht) at Vaduz, in second instance by
the High Court of Appeal at Vaduz, and in third instance by the Supreme Court.
2) The
organization of the ordinary courts, the procedure and the scale
of fees shall be laid down by law.
Art. 98
The execution of
individual, precisely specified kinds of business of the judicial authority of
the first instance may be assigned under the law to specially trained,
non-judicial officials of the Princely Court (Senior Court Officials;
Rechtspflegern) who are bound by instructions.
Art. 99
The revenue
authorities and the officials of the Crown lands shall appear before the
ordinary courts as plaintiffs and defendants.
Art. 100
1) The procedure
in civil disputes shall conform to the principles of oral proceedings, direct
hearing and free evaluation of facts and evidence. In penal cases the principle
of arraignment shall also be observed.
2) Ordinary
civil cases, in first instance, shall be heard by one or more judges, acting
individually.
3) The High Court
of Appeal and the Supreme Court are collegial judicial bodies. whose members
shall be appointed by the Prince Regnant in agreement with the Diet on the
proposal of the latter.
The change in the wording
corresponds to the new procedure for appointing judges set out in Art. 96.
4) In criminal
cases, justice shall be administered in first instance in the Princely Court by
this court, if need be by the magistrates court, by the Criminal Court or by
the Juvenile Court.
Art. 101
1) The One
of the judges judge of the Princely Court (Landrichter) shall be
appointed the President in charge of that court (Art. 96)
and shall exercise, in first instance, disciplinary authority over the
non-judicial officials of the said court.
2) The High Court
of Appeal shall supervise the administration of justice and shall exercise
disciplinary authority over the judicial officials of the Lower Court; it shall
also exercise disciplinary authority in second instance over the non-judicial
officials of the Princely Court.
3) The Supreme
Court shall exercise disciplinary powers over the members of the High Court of
Appeal and shall also act as a court of appeal in disciplinary questions for
the judicial officials of the Princely Court.
C.
The Administrative Court
Translator's note: as in Art. 90 (3), the word
"Verwaltungsbeschwerdeinstanz" has been replaced by
"Verwaltungsgerichtshof" (Administrative Court), so there is no
change in the English translation.
Art. 102
1) Except as
otherwise provided by law, all decisions or dispositions of the Government
shall be subject to appeal before the Administrative Court. The said Court
shall consist of a chairman versed in law who shall be appointed by the Prince
Regnant on the proposal of the Diet, of his deputy, and of four appeal judges
and their substitutes elected by the Diet. The chairman and his deputy must be
natives of Liechtenstein. The Administrative Court shall consist of
five judges and five substitutes appointed by the Prince Regnant (Art. 96). The
majority of the judges must possess Liechtenstein citizenship and have legal
training.
2) Its term of office shall coincide with that of
the Diet and end with its re-appointment. At its first sitting the Diet shall
nominate a chairman and his deputy for the Court and shall elect the appeal
judges and their substitutes. The term of office of the judges and
substitutes of the Administrative Court shall be five years. It shall be organised in such a way that one
judge or substitute retires every year. In the case of the first appointments,
the duration of the term of office of the judges and substitutes shall be
determined by drawing lots. If a judge or substitute retires early, a successor
shall be appointed for the rest of his term of office.
3) The five judges shall hold an annual election in
their own ranks to choose a President and a Deputy President. A judge may stand
for re-election.
4) If a judge is
unable to attend court, a substitute shall deputise for him or her. In such
cases a rota system should be used.
5. Unless otherwise provided for by law, all
decisions or orders made by the Government and the special commission appointed
instead of the Collegial Government (Art. 78, para. 3) are subject to an appeal
to the Administrative Court.
The use of substitute judges is to
be based on a rota system in order, as far as possible, to rule out any danger
of manipulation. In practice, it will be necessary to distinguish between two
different cases: 1) a judge must refuse to deal with a case owing to a conflict
of interests and is replaced by a substitute; 2) a judge is unable to attend a
hearing and is replaced by a substitute at this sitting and when the cases
concerned are dealt with.
Art. 103
Further detailed
instructions for ensuring the judicial independence of the members of the
Administrative Court regarding procedure, abstention, allowances to be paid
to the members, and fees to be paid by the parties involved shall be laid down
in a separate law.
D. The State
Court
Art. 104
1) A State Court
shall be established by a special law as a court of public law to protect
rights accorded by the Constitution, to decide in conflicts of jurisdiction
between the law courts and the administrative authorities and to act as a
disciplinary court for members of the Government.
2) The said court
shall also have jurisdiction to determine whether laws and treaties
are in conformity with the Constitution and whether Government regulations are
in conformity with the laws; in such eases it may declare their annulment. It
shall finally act as an administrative court and as an electoral
tribunal.
As the Principality of
Liechtenstein has its own administrative tribunal in the organisational form of
the Administrative Court (Art. 102), the elimination of the State Court's
function as an administrative tribunal serves to avoid duplication and
misinterpretations.
Art. 105
The State Court shall consist of a President and
four other persons entitled to vote; its members shall be elected by the Diet
in such a manner as to ensure a majority of natives of Liechtenstein; two of
its members must be versed in law. The election of the President, who must be a
native of Liechtenstein, shall be subject to confirmation by the Prince
Regnant. five judges and substitutes appointed by the Prince Regnant
(Art. 96). The President of the State Court and the majority of the judges must
possess Liechtenstein citizenship. Moreover, the provisions of Art. 102 apply
mutatis mutandis.
Art.
106
The
members of the State Court shall enjoy the protection of judicial independence.
Chapter
IX
Administrative
Bodies and Civil Servants
Art. 106
1)
New permanent civil service posts may only be created with the assent of the
Diet. Candidates for permanent
employment in the Liechtenstein civil service must possess civic rights in the
Principality, without prejudice to any further conditions required by the
present Constitution and treaty obligations. No exception to this
rule may be made without the assent of the Diet.
The first sentence of Art. 106 has
been adopted from the old article on civil service appointments. On the
recommendation of the Constitutional Commission, the requirement that
candidates for permanent civil service appointments must possess Liechtenstein
citizenship has been inserted in addition to the proviso concerning treaty
obligations.
2) The same applies to new permanent appointments
to the judiciary.
Art. 107
The organization
of the authorities shall be determined by legislation. Subject to treaty
obligations all authorities must have their seat within the territory
of the State; collegial authorities must include at least a majority of natives
of Liechtenstein.
Here, too, the Constitutional
Commission proposed, for the sake of order, that the proviso concerning treaty
obligations be inserted.
Art. 108
Members of the
Government, State officials, and all mayors, their deputies and the treasurers
of the communes shall take the following oath on appointment:
"I swear
that I will be loyal to the Prince Regnant, that I will obey the laws and that
I will strictly observe the Constitution. So help me God."
Art. 109
1) The State, the
communes and other corporations, establishments and foundations of public law
are liable for damage caused to third persons by individuals acting as their
bodies who in their official capacity act illegally. In the case of wilful
damage or gross negligence, restitution by the responsible persons is reserved.
2) Individuals
acting as bodies are answerable to the State, the commune, or other
corporation, establishment or foundation of public law which they serve for any
damage directly caused to such bodies through the wilful or grossly negligent
breach of their official duties.
3) Further
provisions, especially those relating to competence, shall be laid down in a
separate law.
Chapter
X
Communal
Affairs
Art. 110
1) Provisions
concerning the number, organization and duties of the communes in their own
sphere of action and in that assigned to them shall be laid down in the laws.
2) The laws
concerning the communes shall establish the following principles:
a) free election of the mayor and of the other
officials of the commune by the communal assembly;
b) autonomous management of the communal property
and administration of the local police under the supervision of the Government;
c) maintenance of a well-ordered poor-relief
system under the supervision of the Government;
d) the right of the commune to grant citizenship
and the freedom of citizens of the Principality to reside in any commune.
Art. 111
Every citizen of
Liechtenstein who is eighteen years of age and residing in a commune but who
does not yet possess the right to vote or to take part in elections may vote or
take part in elections in communal affairs.
Chapter XI
The Maintenance
of the Constitution and Final Provisions
Art. 111 112
1) The present
Constitution shall be universally binding after its promulgation as a
fundamental law of the country.
2) Any amendments
to or universally binding interpretations of this fundamental law
which may be proposed either by the Government or by the Diet or through
the initiative procedure (Art. 64). They shall
require the approval of the Diet, either by unanimous vote of the members
present or by a majority of three-quarters of the members present at two
successive sittings of the Diet, where appropriate a referendum (Art. 66)
and in any event the subsequent assent of the Prince Regnant, with the
exception of the procedure to abolish the monarchy (Art. 113).
Art. 112
Should
any doubts arise with regard to the interpretation of certain clauses of the
Constitution which cannot be removed by agreement between the Government and
the Diet, the State Court shall decide in respect thereof.
The purpose of this amendment is
to establish that only universally binding interpretations of the Constitution
require the same procedure as a constitutional amendment and to clarify the
procedure for a constitutional initiative.
The exception concerning the
procedure to abolish the monarchy is necessary because of the new Art. 113.
Art. 113
1) Not fewer than 1500 citizens have the right to
introduce an initiative to abolish the monarchy. In the event of this proposal
being accepted by the people, the Diet shall draw up a new, republican
Constitution and submit it to a referendum after one year at the earliest and
two years at the latest. The Prince Regnant has the right to submit a new
Constitution for the same referendum. The procedure specified in the following
therefore replaces the procedure to amend the Constitution laid down in Art
112, para. 2.
The adoption of the initiative to
abolish the monarchy means the Diet is asked to draw up a new, republican
Constitution. The Diet assumes the role of a constituent assembly, which can
then adopt such a constitutional proposal by a simple majority and submit it to
the people.
2) If only one draft has been submitted, an
absolute majority is sufficient for its adoption (Art. 66, para. 4). If two
drafts have been submitted, the citizens entitled to vote may choose between
them and the existing Constitution. In this case, the citizens have two votes
in the first ballot and give them to the two alternative Constitutions that
they wish to go through to the second ballot. The two alternatives with the
most first and second votes shall go through to the second ballot. In the
second ballot, which must be held 14 days after the first, the citizens shall
each have one vote. The Constitution that obtains an absolute majority is then
adopted (Art. 66, para. 4).
Chapter
XII
Final
Provisions
Art.
114
All laws, regulations
and statutory provisions which contradict any express provision of the present
Constitution are hereby revoked and declared invalid; legal provisions which
are inconsistent with the spirit of this fundamental law shall be revised to
conform with the Constitution.
Art.
115
1) The Government
shall be entrusted with the execution of the present Constitution.
2) The Government
shall prepare the laws provided for in the present Constitution with all
possible despatch, and shall proceed with them as laid down in the
Constitution.
3) The Diet as
constituted at present shall remain in office until the end of this year.
