Remedies and enforcement

• Author: Hornich, Patricia
• Pages: 51-56

51

6 REMEDIES AND ENFORCEMENT

6.1 Judicial and/or administrative procedures (Article 7 Directive 2000/43,

Article 9 Directive 2000/78)

a) Available procedures for enforcing the principle of equal treatment

In Liechtenstein, the following procedures exist for enforcing the principle of equal

treatment:

• Article 25 of the AEPD states that the civil courts (as ordinary courts) are the

appropriate authority to decide upon complaints against discrimination on the

ground of disability. Claims are adjudicated under the Code of Civil Procedure

(CCP).107

• Complaints relating to the anti-discrimination provisions of the Criminal Code (race,

language, national origin, ethnicity, religion or belief, gender, disability, age or

sexual orientation) are adjudicated by the ordinary courts in the first instance (§

283(1–2) of the Criminal Code). Claims based on the Convention on the Elimination

of All Forms of Racial Discrimination, which came into force in Liechtenstein in

2000, can be brought to a Liechtenstein court (the Constitutional Court) on the

basis of Section II - A, Article 15(2c) of the Act on the Constitutional Court.108

Procedures for addressing discrimination are not the same for employment in the private

sector and the public sector. In private disputes, the ordinary court is the first judicial

authority, whereas in disputes between individuals and the public sector it is the

Administrative Court (part of the public jurisdiction), followed by the Constitutional Court

as the court of last instance.

The out-of-court settlement of disputes is regulated by Articles 594 to 616 of the CCP. In

2005, the Act on Mediation in Civil Law Cases (AMCLC)109 entered into force. This law

defines mediation and mediators, as well as their rights and duties. Details concerning

the necessary qualifications of a mediator are stated in the Regulations on the Act on

Mediation in Civil Law Cases.110 However, mandatory mediation in particular legal cases

has not yet been introduced. If this were to be implemented, it might open the way to

people being able to make a complaint without the financial risk of undertaking a court

process. However, there are no current discussions about such an extended use of

mediation.

b) Barriers and other deterrents faced by litigants seeking redress

There is no legal provision that requires the use of a lawyer when bringing a complaint

before the court, although using a lawyer is likely to be helpful. Article 25 of the CCP

states that court procedures can be carried out either in person or by a representative

(e.g. a lawyer). Articles 63 to 73 of the CCP concern assistance for court trials

(Verfahrenshilfe). Assistance has to be provided for persons who are not able to finance a

trial without this having a negative effect on their ability to feed themselves properly.

107 Code of Civil Procedure (Gesetz über das gerichtliche Verfahren in bürgerlichen Rechtsstreitigkeiten,

Zivilprozessordnung, ZPO), LGBl. 1912 No. 9/1, available at:

https://www.gesetze.li/konso/pdf/1912009001?version=48.

108 Act on the Constitutional Court (Gesetz über den Staatsgerichtshof, StGHG), 27 November 2003, available

at: https://www.gesetze.li/konso/pdf/2004032000?version=8.

109 Act on Mediation in Civil Law Cases (Gesetz über die Mediation in Zivilrechtssachen, Zivilrechts-Mediations-

Gesetz, ZMG), 15 December 2004, LGBl. 2005 No. 31, available at:

https://www.gesetze.li/konso/pdf/2005031000?version=2.

110 Regulations on the Act on Mediation in Civil Law Cases (Verordnung zum Gesetz über die Mediation in

Zivilrechtssachen, Zivilrechts-Mediations-Verordnung, ZMV), 12 April 2005, LGBl. 2005, No. 71, available

at: https://www.gesetze.li/konso/pdf/2005071000?version=2.