Constitutional Court (Liechtenstein)

The Constitutional Court (German: Staatsgerichtshof, pronounced [ˈʃtaːtsɡəˌʁɪçtshoːf]) of Liechtenstein is the court of last resort of Liechtenstein, based in Vaduz. The court is a court of public law that is autonomous and independent from all other constitutional bodies.

Legal basis

Law of 27 November 2003 on the Constitutional Court.[1]

Composition

The State Court consists of five judges and five substitute judges (art 1, para 3), all of whom work part-time. The term of office of the judges and substitute judges of the State Court is five years (art. 3 para. 1). Subject to his right of resignation, a judge of the State Court can only be appointed or removed from office by the State Court itself (art. 12 para. 1). The State Court issues its own rules of procedure (art. 14). The President of the State Court and the majority of the judges must be Liechtenstein citizens (nationality).[2]

• Hilmar Hoch, President since 2018, previously a judge since 1993 and deputy president since 2005
• Christian Ritter, deputy president since 2018, previously a judge since 2015
• Peter Bussjäger, since 2009, previously a judge of the Administrative Court since 2005
• Bernhard Ehrenzeller, since 2012, previously a substitute judge since 2000
• Markus Wille, since 2018, previously a substitute judge since 2008

Functions

As the Constitutional Court of the Principality of Liechtenstein, the State Court ensures that all authorities comply with the fundamental rights guaranteed in the Constitution. Main functions:[3]

• Protection of constitutionally guaranteed rights;
• Examination of the constitutionality of laws and treaties as well as the constitutionality, legality and treaty-related conformity of regulations;
• Decision on conflicts of jurisdiction between courts and administrative authorities;
• Decision on electoral complaints;
• Decision on ministerial impeachments; Safeguarding of other tasks defined in more detail by law on the basis of the constitution.
• Examination of the constitutionality of laws and treaties as well as the constitutionality, legality and treaty-relatedness of regulations;
• Decision on conflicts of jurisdiction between courts and administrative authorities;
• Decision on electoral complaints;
• Decision on ministerial impeachments; Safeguarding of other tasks defined in more detail by law on the basis of the constitution.

Review of international treaties

The competence of the Constitutional Court to subsequently review the constitutionality of international treaties or individual provisions of international treaties (Article 22) that have already been legally concluded by the Principality of Liechtenstein is disputed in legal theory, since in international law, among other things, the principle of Pacta sunt servanda applies (see also the "Schubert practice" of the Swiss Federal Supreme Court).

This review authority of the State Court is considered to be very problematic, particularly in view of the Principality's integration into the European Economic Area (EEA). According to Article 23 paragraph 1 of the State Court Act, if the State Court finds that an international treaty or individual provisions thereof are incompatible with the constitution, it can revoke the domestic binding nature of the treaty. This could lead to a domestic court having subsequent review authority with regard to EEA law and undermine the primacy of EEA law, but the EEA process for incorporating EU law has generally proven to be robust.[4]

References

1. "StGHG | Lilex - Gesetzesdatenbank des Fürstentums Liechtenstein". www.gesetze.li. Retrieved 2024-09-13.
2. Hoch, Hilmar (2021). "Verfassungsgerichtsbarkeit im Kleinstaat – das Beispiel Liechtenstein". Zeitschrift für öffentliches Recht (in German). 76 (4): 1219. doi:10.33196/zoer202104121901. ISSN 0948-4396.
3. "Staatsgerichtshof des Fürstentums Liechtenstein". stgh.li. Retrieved 2024-09-13.
4. Neier, Christina (2022). "Das Verhältnis zwischen EMRK und EWR-Recht: Warum nicht eine Vermutung für die Vermutung der Konventionskonformität? Zugleich eine Besprechung der Entscheidung des EGMR in der Rs. Konkurrenten.no/Norwegen". Europarecht. 57 (2): 213–238. doi:10.5771/0531-2485-2022-2-213. ISSN 0531-2485.

External links

• Website des Staatsgerichtshofs des Fürstentums Liechtenstein
• Andreas Kley: State Court (StGH). In: Historical Dictionary of the Principality of Liechtenstein