Liechtenstein 1921 Constitution (reviewed 2011)

CHAPTER VIII. THE COURTS

A. General Provisions

Article 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”.
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. Their decisions and judgements shall be accompanied by the grounds for such. The influence of nonjudicial bodies on these decisions and judgements is only permissible to the extent expressly provided for by the Constitution (Art. 12).
3. Judges within the scope of this Article are the judges at all ordinary courts (Art. 97 to 101), the Administrative Court (Art. 102 and 103) and the Constitutional Court (Art. 104 and 105).

Article 96

1. For the selection of judges, the Prince Regnant and Parliament shall refer to a joint commission chaired by the Prince, who shall have a casting vote. He may appoint as many members to this body as Parliament delegates representatives. Parliament shall appoint one member for each electoral group represented in it. The Government shall appoint the member of the Government responsible for supervising the administration of justice. The commission’s deliberations shall be confidental. The commission may only recommend candidates to Parliament with the Prince’s assent. If Parliament chooses the recommended candidate, he or she shall be appointed a judge by the Prince.
2. If Parliament rejects a candidate recommended by the commission and no agreement on a new candidate can be reached within four weeks, Parliament shall propose its own candidate and set a date for a referendum. In the event of a referendum, the citizens entitled to vote shall have the right to nominate candidates under the conditions of an initiative (Art. 64). If the vote concerns more than two candidates, a second ballot must be held pursuant to 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

Article 97

1. Jurisdiction on ordinary civil and criminal matters shall be exercised in first instance by the Princely Court of Justice at Vaduz, in the 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.

Article 98

The handling of particular, precisely specified kinds of business pertaining to the administration of justice in the first instance may be assigned by means of a law to specially trained non-judicial employees of the Court of Justice who are bound by instructions (Rechtspfleger).

Article 99

The revenue authorities and the officials of the Crown lands shall appear before the ordinary courts as plaintiffs and defendants.

Article 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.
4. In criminal matters, justice shall be administered in the first instance at the Court of Justice by the same, if applicable by the Criminal Court or by the Juvenile Court.

Article 101

1. The President of the Court of Justice shall exercise supervision over the Judges of the Court of Justice.
2. The President of the Court of Appeal shall be responsible for supervision of the President of the Court of Justice and the Judges of the Court of Appeal. He shall exercise disciplinary powers over the Judges of the Court of Justice.
3. The President of the Supreme Court shall be responsible for supervision of the President of the Court of Appeal and the Judges of the Supreme Court. He shall exercise disciplinary powers over the Judges of the Court of Appeal and of the Supreme Court.
4. A Judicial Service Senate consisting of three Judges of the Supreme Court versed in the law shall exercise supervision and disciplinary powers over the President of the Supreme Court.

C. The Administrative Court

Article 102

1. 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. 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 remaining period 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 is eligible for re-election.
4. If a judge is unable to attend court, a substitute shall deputize 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 of the Government and of the special commissions appointed instead of the Collegial Government (Art. 78 Para. 3) shall be subject to an appeal to the Administrative Court.
6. By means of a law, the power to approve certain measures relating to international administrative assistance proceedings may be granted to a Judge of the Administrative Court, and the possibility of direct appeal to the Administrative Court may be provided regarding decrees issued in such proceedings by the first-instance authority.

Article 103

Detailed instructions 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 Constitutional Court

Article 104

1. A Constitutional 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 cases it may declare their annulment. Finally, it shall also act as an electoral tribunal.

Article 105

The Constitutional Court shall consist of five judges and substitutes appointed by the Prince Regnant (Art. 96). The President of the Constitutional Court and the majority of the judges must possess Liechtenstein citizenship. Furthermore, the provisions of Art. 102 apply mutatis mutandis.