Collection Of Liechtenstein Laws Constitutional Law

I. Constitution (LV)

Constitution of the Principality of Liechtenstein of October 5, 1921.

We, Johann II, by the Grace of God, Sovereign Prince of Liechtenstein, Duke of Troppau, Count of Rietberg, etc., etc., etc., hereby proclaim that the Constitution of September 26, 1862, has been amended by Us with the consent of Our Landtag in the following manner:

I. Main Section: The Principality.

Art. 1

1. The Principality of Liechtenstein is a confederation of two regions comprising eleven municipalities. The Principality of Liechtenstein shall serve the people living within its borders so that they may live together in freedom and peace. The district of Vaduz (Oberland) consists of the municipalities of Vaduz, Balzers, Planken, Schaan, Triesen, and Triesenberg; the district of Schellenberg (Unterland) consists of the municipalities of Eschen, Gamprin, Mauren, Ruggell, and Schellenberg.
2. Vaduz is the capital and the seat of the National Council and the Government.

Art. 2

The Principality is a constitutional hereditary monarchy based on democratic and parliamentary principles (Art. 79 and 80); sovereign power is vested in the Prince and the people and is exercised by both in accordance with the provisions of this Constitution.

Art. 3

The hereditary succession to the throne in the House of Liechtenstein, the age of majority of the Prince and the Hereditary Prince, and, where applicable, guardianship are regulated by the House of Liechtenstein in the form of a House Law.

Art. 4

1. Changes to the borders of the national territory may only be made by law. Changes to municipal boundaries, the creation of new municipalities, and the merger of existing municipalities also require a majority decision by the eligible voters residing there.
2. Individual municipalities have the right to secede from the state. The initiation of the secession process is decided by a majority of theresident citizens eligible to vote. The terms of withdrawal shall be determined by law or, on a case-by-case basis, by an international treaty. In the event of a treaty-based arrangement, a second referendum must be held in the municipality following the conclusion of treaty negotiations.

Art. 5

The national coat of arms is that of the Princely House of Liechtenstein; the national colors are blue and red.

Art. 6

The German language is the national and official language.

II. Main Section: The Prince

Art. 7

1. The Sovereign is the head of state and exercises his authority in accordance with the provisions of this Constitution and other laws.
2. The person of the Sovereign is not subject to the jurisdiction of the courts and is not legally liable. The same applies to that member of the Princely House who, pursuant to Art. 13bis, exercises the function of Head of State on behalf of the Sovereign.

Art. 8

1. The Prince represents the State in all its relations with foreign states, without prejudice to the necessary cooperation of the responsible government.
2. Treaties by which territory is ceded or state property is sold, sovereign rights or prerogatives are disposed of, a new burden is imposed on the Principality or its subjects, or an obligation is entered into that would infringe upon the rights of the country's citizens, require the consent of the State Parliament to be valid.

Art. 9

Every law requires the sanction of the Prince to be valid.

Art. 10

1. The Prince shall, without the participation of the Provincial Assembly, establish through the government the institutions necessary for the enforcement and implementation of laws, as well as those arising from administrative and supervisory powers, and shall issue the relevant ordinances (Art. 92). In urgent cases, he shall take the necessary measures for the security and welfare of the state.
2. Emergency ordinances may not repeal the Constitution as a whole or individual provisions thereof, but may only restrict the applicability of individual provisions of the Constitution. Emergency ordinances may not restrict the right of every person to life, the prohibition of torture and inhuman treatment, the prohibition of slavery and forced labor, nor the principle of "no punishment without law." Furthermore, the provisions of this Article, Articles 3, 13ter, and 113, as well as the House Rules, may not be restricted by emergency ordinances. Emergency ordinances shall expire no later than six months after their enactment.

Art. 11

The Sovereign appoints judges in accordance with the provisions of the Constitution (Art. 96).

Art. 12

1. The Prince has the right to grant pardons, to commute or modify sentences that have become final, and to dismiss investigations that have been initiated.
2. In the case of a member of the government convicted for acts performed in the course of his official duties, the Prince shall exercise the right to grant a pardon or to commute the sentence only upon the request of the State Parliament.

Art. 13

Before receiving the oath of allegiance, every heir to the throne shall, with reference to the princely honors and dignities, declare in a written document that he will govern the Principality of Liechtenstein in accordance with the Constitution and the other laws, preserve its integrity, and observe the princely rights inseparably and in the same manner.

Art. 13bis

The Prince may entrust the next in line of succession, a prince of his house who has attained the age of majority, with the exercise of the sovereign rights to which he is entitled, either due to temporary incapacity or in preparation for the succession to the throne, as his representative.

Art. 13ter

At least 1,500 citizens of the state have the right to submit a substantiated motion of no confidence against the sovereign. The State Parliament must issue a recommendation on this motion at its next session and order a referendum (Art. 66, para. 6). If the motion of no confidence is adopted in the referendum, it must be communicated to the sovereign for consideration in accordance with the Rules of Procedure. The sovereign shall notify the State Parliament of the decision made in accordance with the Rules of Procedure within six months.

III. Main Section: On the Functions of the State

Art. 14

The supreme duty of the state is the promotion of the general welfare of the people. In this spirit, the state shall ensure the establishment and preservation of the rule of law and the protection of the religious, moral, and economic interests of the people.

Art. 15

The State devotes special attention to the system of education and instruction. This system shall be organized and administered in such a way that, through the cooperation of family, school, and church, young people may acquire a religious and moral education, a patriotic spirit, and future professional competence.

Art. 16

1. The entire system of education and instruction is subject to state supervision, without prejudice to the inviolability of church doctrine.
2. There is universal compulsory education.
3. The state shall ensure that compulsory instruction in the basic subjects is provided to a sufficient extent in public schools free of charge.
4. Religious instruction is provided by church authorities.
5. No one may allow the youth under their supervision to receive less instruction than the level prescribed for public elementary schools.
6. Repealed
7. Repealed
8. Private instruction is permitted provided that it complies with the legal provisions regarding school hours, educational objectives, and facilities in public schools.

Art. 17

1. The state supports and promotes the education system.
2. It shall facilitate attendance at secondary schools for students of limited means who show promise by granting appropriate scholarships.

Art. 18

The state shall provide for public health care, support nursing care, and strive through legal means to combat alcoholism and to rehabilitate alcoholics and those who shun work.

Art. 19

1. The State protects the right to work and the workforce, particularly that of women and young people employed in trade and industry.
2. Sundays and state-recognized holidays are public days of rest, without prejudice to statutory provisions regarding rest on Sundays and holidays.

Art. 20

1. To enhance earning capacity and safeguard its economic interests, the State promotes and supports agriculture, alpine farming, trade, and industry; it particularly promotes insurance against damages that threaten labor and property and takes measures to combat such damages.
2. It devotes particular attention to the development of a transportation system that meets modern needs.
3. It supports slope stabilization, reforestation, and drainage projects, and will devote its attention and support to all efforts to develop new sources of income.

Art. 21

The State shall have sovereign rights over water resources in accordance with existing and future laws governing this matter. The use, management, and protection of water resources shall be regulated and promoted by law, taking into account technological developments. Electricity law shall be regulated by law.

Art. 22

The State exercises sovereignty over hunting, fishing, and mining and, in enacting the relevant laws, protects the interests of agriculture and municipal finances.

Art. 23

The regulation of the mint and public credit system is a matter for the State. Art.

Art 24

1. The State shall ensure, through the enactment of laws, a fair system of taxation that exempts a minimum subsistence level and places a greater burden on higher wealth or income.
2. The financial situation of the State shall be improved as far as possible, and particular attention shall be paid to the development of new sources of revenue to meet public needs.

Art. 25

Public welfare for the poor is the responsibility of the municipalities in accordance with specific laws. The State, however, exercises supreme supervision over this matter. It may provide appropriate assistance to the municipalities, particularly for the proper care of orphans, the mentally ill, the terminally ill, and the elderly.

Art. 26

The State supports and promotes health, old-age, disability, and fire insurance.

Art. 27

1. The state shall ensure prompt litigation and enforcement proceedings that protect substantive law, as well as administrative justice that is consistent with the same principles.
2. The professional practice of representing parties shall be regulated by law.

IV. Main Section: On the General Rights and Duties of Citizens

Art. 27bis

1. Human dignity shall be respected and protected.
2. No one shall be subjected to inhuman or degrading treatment or punishment.

Art. 27ter

1.  Everyone has the right to life.
2. The death penalty is prohibited.

Art. 28

1. Every national has the right to settle freely in any part of the national territory and to acquire property of any kind, subject to the relevant statutory provisions.
2. The entry and exit, residence, and settlement of foreigners are regulated by international treaties and law.
3. Residence within the borders of the Principality entails an obligation to observe its laws and confers protection under the Constitution and other laws.

Art. 29

1. Every citizen of the state is entitled to civil rights in accordance with the provisions of this Constitution.
2. In matters of state, political rights are granted to all citizens who have reached the age of 18, have their ordinary residence in the country, and are not disqualified from the right to vote and stand for election.

Art. 30

The laws shall determine the acquisition and loss of citizenship. Art. 31

1. All citizens are equal before the law. Public offices are equally accessible to them in accordance with the provisions of the law.
2. Men and women have equal rights.
3. The rights of foreigners are determined first by international treaties and, in the absence thereof, by the principle of reciprocity.

Art. 32

1. Personal liberty, the inviolability of the home, and the privacy of correspondence and documents are guaranteed.
2. Except in cases and in the manner prescribed by law, no one may be arrested or detained, nor may a search of a home or of persons, letters, or documents be conducted, nor may letters or documents be seized.
3. Persons unlawfully or demonstrably wrongfully arrested and wrongfully convicted are entitled to full compensation to be paid by the State and determined by a court. The laws shall determine whether and to what extent the State has a right of recourse against third parties.

Art. 33

1. No one may be deprived of the right to a trial before a regular court; special courts may not be established.
2. Penalties may be imposed or threatened only in accordance with the law.
3. In all criminal matters, the accused is guaranteed the right to a defense.

Art. 34

1. The inviolability of private property is guaranteed; confiscations may only take place in cases specified by law.
2. Copyright shall be regulated by law.

Art. 35

1. Where the public interest so requires, the transfer or encumbrance of any type of property may be ordered in exchange for adequate compensation, to be determined by a judge in the event of a dispute.
2. The procedure for expropriation shall be determined by law.

Art. 36

Trade and commerce are free within the limits prescribed by law; the permissibility of exclusive trade and commercial privileges for a specified period is regulated by law.

Art. 37

1. Freedom of religion and conscience is guaranteed to everyone.
2. The Roman Catholic Church is the state church and, as such, enjoys the full protection of the state; other denominations are guaranteed the right to practice their faith and hold their religious services within the limits of morality and public order.

Art. 38

The property and all other property rights of religious societies and associations with respect to their institutions, foundations, and other assets designated for religious, educational, and charitable purposes are guaranteed. The administration of church property in the parishes is governed by a special law; prior to the enactment of such a law, consultation with the ecclesiastical authorities must take place.

Art. 39

The enjoyment of civil and political rights is independent of religious affiliation; such affiliation shall not interfere with the fulfillment of civil duties.

Art. 40

Everyone has the right to freely express their opinions and communicate their thoughts through speech, writing, print, or visual representation within the limits of the law and morality; censorship may only be applied to public performances and exhibitions.

Art. 41

The right to freedom of association and assembly is guaranteed within the limits of the law.

Art. 42

The right to petition the State Parliament and the State Committee is guaranteed, and not only individuals whose rights or interests are affected, but also municipalities and corporations, are entitled to have their wishes and requests presented there by a member of the State Parliament.

Art. 43

The right to file a complaint is guaranteed. Every citizen is entitled to file a complaint with the immediate superior of any public authority regarding conduct or procedures by that authority that violate the Constitution, laws, or regulations and that adversely affect the citizen’s rights or interests, and to pursue the matter, if necessary, all the way to the highest authority, unless a statutory limitation on the right of appeal precludes this. If the complaint is rejected by the superior authority, the latter is obligated to inform the complainant of the reasons for its decision.

Art. 44

1. Every person capable of bearing arms is obligated, until the age of 60, to defend the fatherland in case of emergency.
2. Except in this case, armed formations may be formed and maintained only to the extent deemed necessary for the performance of police duties and the maintenance of internal order. The legislature shall establish the detailed provisions regarding this.

V. Main Section: On the State Parliament

Art. 45

1. The State Assembly is the lawful organ of the entire body of citizens and, as such, is called upon to safeguard and enforce the rights and interests of the people in relation to the government in accordance with the provisions of this Constitution, and to promote the welfare of the Princely House and the State as much as possible with loyal adherence to the principles laid down in this Constitution.
2. The rights vested in the State Parliament may be exercised only in its legally constituted assembly.

Art. 46

1. Parliament consists of 25 members, who are elected by the people through universal, equal, secret, and direct suffrage under a proportional representation system. The Oberland and the Unterland each constitute a single electoral district. Of the 25 members, 15 are allocated to the Oberland and 10 to the Unterland.
2. In addition to the 25 representatives, deputy representatives are also elected in each electoral district. For every three representatives in an electoral district, each voter group is entitled to one deputy representative, but at least one if a voter group wins a seat in an electoral district.
3. Seats are allocated among the electoral groups that have received at least eight percent of the valid votes cast throughout the state.
4. Members of the government and the courts may not simultaneously serve as members of the State Parliament.
5. The details regarding the conduct of the election are regulated by a special law.

Art. 47

1. The term of office for the State Parliament is four years, provided that regular State Parliament elections are held in February or March of the calendar year in which the fourth year ends. Re-election is permitted.
2. Repealed

Art. 48

1. The Prince, subject to the exception set forth in the following paragraph, has the right to convene the State Parliament, to adjourn it, and, for substantial reasons which must be communicated to the assembly each time, to adjourn it for three months or to dissolve it. An adjournment, closure, or dissolution may only be declared before the assembled State Parliament.
2. The State Parliament shall be convened upon a justified, written request from at least 1,000 eligible citizens of the State or upon a resolution of the municipal assemblies of at least three municipalities.
3. Under the same conditions as set forth in the preceding paragraph, 1,500 eligible voters or four municipalities may, by resolution of their municipal assemblies, request a referendum on the dissolution of the Provincial Assembly.

Art. 49

1. The regular convening of the Provincial Assembly takes place at the beginning of each year by means of a decree issued by the Prince-Governor, specifying the place, date, and time of the assembly.
2. The President shall schedule the sessions within the year.
3. After the expiration of a recess period, the Provincial Assembly must be reconvened within one month by a decree of the Prince.
4. If a member of their electoral group is unable to attend one or more consecutive sessions, the alternate members shall participate in the session with a seat and a vote in place of the absent member.

Art. 50

If the State Parliament is dissolved, a new election must be ordered within six weeks.

The newly elected members must then be convened within 14 days.

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