Introduction

• Author: Hornich, Patricia
• Pages: 14-16

14

INTRODUCTION

The national legal system

Liechtenstein’s Constitution defines the country as ‘a constitutional, hereditary monarchy

on a democratic and parliamentary basis’,36 where ‘the power of the State is embodied in

the Reigning Prince and the People’.37 This means that political power is shared equally

between the elected Parliament/the people and the monarch. However, the Prince must

approve every law and financial resolution in order for it to attain legal force.38 Article 45

of the Constitution states that the Parliament (Landtag) is the ‘legal organ which

represents and asserts the rights and interests of the people in relation to the

Government in accordance with the constitution’. In respect of international relations, the

Parliament is not allowed to amend a treaty that has already been signed by the

Government, although it can accept or reject it completely. In addition, the people have

the direct democratic rights of initiative and referendum, including the right to hold a

referendum on international treaties. Therefore, new laws and amendments to laws and

the Constitution can be initiated and decided on by the people in a popular vote.

The members of the Government are selected on the recommendation of the Parliament

and are appointed by the reigning Prince. The Government consists of five members,

including the Prime Minister, who has to countersign the laws and financial resolutions

that have been passed by the Parliament and signed by the reigning Prince.39

The legal competence for anti-discrimination law is distributed among different levels of

government.

The Ministry of Society is, among other things, responsible for equal opportunities. This

includes equality in all areas of life for men and women, people with disabilities and other

population groups. The Office of Social Services, specifically its Equal Opportunities

Department, reports to the Ministry. The Equal Opportunities Department is committed to

promoting equal opportunities in the areas of gender equality, disability, migration and

integration, social protection and sexual orientation. Other grounds, such as age, are not

explicitly mentioned.

The Ministry of Foreign Affairs, Justice and Culture is responsible for all areas of law (civil

law, criminal law, the penal system, victim assistance, the coordination of official liability,

etc.) The Office of Foreign Affairs, among other bodies, is subordinate to the Ministry. Its

task is to ensure the ongoing domestic implementation of Liechtenstein’s hu man rights

obligations, and it is also responsible for compliance with the reporting obligations under

human rights conventions.

The legal system is dual in nature. Criminal and civil law is handled by the Ordinary

Courts (Landgericht); appeals in the first instance are dealt with by the Upper Court

(Obergericht), and ultimately by the High Court (Oberster Gerichtshof). In cases of

dispute between citizens and organs of the state, the Administrative Court

(Verwaltungsgericht) and the Constitutional Court (Staatsgerichtshof) act as the relevant

courts of law.40

36 Article 2 of the Constitution of the Principality of Liechtenstein (for English version, copy the fo llowing link

into web browser): https://www.gesetze.li/lilexprod/dloadpdf.jsp?smatik=201.

37 Article 2 of the Constitution.

38 Article 9 of the Constitution.

39 Constitution of the Principality of Liechtenstein (for English version, copy the following link into web

browser): https://www.gesetze.li/lilexprod/dloadpdf.jsp?smatik=201.

40 The legal system requires that all laws must be in conformity with the Constitution and with relevant

international treaties. Article 104(1) of the Constitution requires that a Constitutional Court be established

as a court of public law to protect the rights guaranteed by the Constitution, to decide in conflicts of

jurisdiction between the courts and the administrative authorities, and to act as a disciplinary court for

Government ministers. Article 104(2) states that the Constitutional Court shall have jurisdiction to review