The Liechtenstein Constitution of 1921

 

Article 41

 

1) The borders of the territory of the State may only be changed by means of a law. Changes to borders between municipalities, the establishment of new municipalities, and the unification of existing municipalities shall additionally require a majority decision of the Liechtenstein citizens eligible to vote who reside there.

 

2) Individual municipalities shall be entitled to secede from the union. The decision on whether to initiate a secession procedure shall be made by a majority of the Liechtenstein citizens eligible to vote who reside there. Secession shall be regulated by a law or, as the case may be, by an international treaty. If secession is regulated by a treaty, a second vote shall be held in the municipality after the treaty negotiations have been concluded.

 

1

Article 4 amended by LGBl. 2003 No. 186.

 

Article 13ter1

 

Not less than 1,500 Liechtenstein citizens shall have the right to submit a reasoned motion of no-confidence against the Reigning Prince. Parliament shall issue a recommendation on such a motion at its next meeting and order a popular vote (article 66 paragraph 6). If the motion of no-confidence is adopted in the popular vote, it shall be communicated to the Reigning Prince for consideration according to the Law on the Princely House. Within six months, the Reigning Prince shall announce to Parliament the decision made in accordance with the Law on the Princely House.

 

1

Article 13ter inserted by LGBl. 2003 No. 186.

 

Article 27

 

1) The State shall provide for rapid court and enforcement proceedings that safeguard material rights and for administrative law proceedings conforming to the same principles.

 

2) The professional exercise of the representation of parties shall be regulated by law.

 

Article 29

 

1) Every Liechtenstein citizen1 shall be entitled to civil rights in accordance with the provisions of this Constitution.

 

2) All Liechtenstein citizens1 who have completed their 18th year, have their normal residence in Liechtenstein, and whose right to vote has not been suspended shall be entitled to all political rights in national matters.2

 

1

«The term 'Landesangehörige' (Liechtenstein citizens) employed by the Constitution is to be understood as referring to all persons holding Liechtenstein national citizenship without distinction of sex.» (LGBl. 1971 No. 22).

2

Article 29 para. 2 amended by LGBl. 2000 No. 55.

 

Article 46

 

1) Parliament shall consist of 25 Members who shall be elected by the People by universal, equal, secret and direct suffrage according to the system of proportional representation. The Upper Country (Oberland) and the Lower Country (Unterland) shall each form a voting district. Of the 25 Members of Parliament, 15 shall be elected by the Upper Country and 10 by the Lower Country.1

 

2) In addition to the 25 Members of Parliament, alternate Members of Parliament shall be elected in each voting district. Each electoral group shall be entitled to one alternate Member of Parliament for every three of its Members of Parliament in a voting district; but an electoral group shall be entitled to at least one alternate Member of Parliament if it has obtained a seat in a voting district.2

 

3) Seats shall be distributed among electoral groups that have obtained at least eight percent of the valid votes cast in the entire country.3

 

4) Members of the Government and the Courts may not be Members of Parliament at the same time.4

 

5) Further details regarding the conduct of the elections shall be laid down in a specific law.5

 

1

Article 46 para. 1 amended by LGBl. 1988 No. 11.

2

Article 46 para. 2 amended by LGBl. 1994 No. 46 and corrected by LGBl. 1994 No. 56.

3

Article 46 para. 3 inserted by LGBl. 1973 No. 49.

4

Article 46 para. 4 amended by LGBl. 1997 No. 46.

5

Article 46 para. 5 inserted by LGBl. 1997 No. 46.

 

Article 47

 

1) The term of office in Parliament shall be four years, with the proviso that the regular elections to Parliament shall be held in February or March of the calendar year in which the fourth year ends. Re-election shall be permissible.1

 

2) repealed.2

 

1

Article 47 para. 1 amended by LGBl. 1958 No. 1.

2

Article 47 para. 2 repealed by LGBl. 1997 No. 46.

 

Article 48

 

1) The Reigning Prince shall have the right, subject to the exception laid down in the following paragraph, to convene Parliament, to prorogue it, and, on significant grounds to be communicated each time to the assembly, to adjourn it for three months or to dissolve it. Adjournment, prorogation or dissolution may only be proclaimed before the assembled Parliament.1

 

2) Pursuant to a substantiated written request by at least 1,000 Liechtenstein citizens eligible to vote or pursuant to a resolution adopted by the municipal assemblies of at least three municipalities, Parliament shall be convened.2

 

3) Subject to the same conditions as in the preceding paragraph, 1,500 Liechtenstein citizens eligible to vote or four municipalities, by means of resolutions of their municipal assemblies, may demand a popular vote on the dissolution of Parliament.3

 

1

«Article 48 para. 1 of the Constitution shall be interpreted in such a manner that in the event of the dissolution of Parliament by the Reigning Prince a four-year term of the newly elected Parliament shall commence.» (LGBl. 1929 No. 5.)

2

Article 48 para. 2 amended by LGBl. 1947 No. 55 and LGBl. 1984 No. 27.

3

Article 48 para. 3 amended by LGBl. 1947 No. 55 and LGBl. 1984 No. 27.

 

Article 50

 

Should Parliament be dissolved, new elections must be ordered within six weeks. The newly elected Members of Parliament shall then be convened within 14 days.

 

Article 511

 

1) In the case of succession to the throne, Parliament shall be convened to an extraordinary meeting within 30 days to receive the declaration of the Reigning Prince as provided for in article 13 and to take the oath of allegiance.

 

2) If Parliament has just been dissolved, new elections shall be expedited so that Parliament may be convened at the latest on the fortieth day after the succession to the throne has taken place.

 

1

Article 51 amended by LGBl. 2003 No. 186.

 

Article 531

 

When a call to convene is issued, the Members of Parliament shall appear in person at the seat of the Government. If a Member is unable to appear, he must, on receiving the first call to convene, notify the Government and subsequently the President in a timely manner, stating the reason he is unable to appear. Should his inability to appear be permanent, a by-election shall be held if no replacement is available pursuant to the successor system.

 

1

Article 53 amended by LGBl. 1939 No. 3.

 

Article 58

 

1) A valid decision of Parliament shall require the presence of at least two thirds of the legally stipulated number of Members of Parliament and the absolute majority of the Members present, unless otherwise provided in this Constitution or in the rules of procedure. The same shall apply to elections to be undertaken by Parliament.

 

2) In the event of a tie, the President shall have the casting vote after the third round of voting for an election and after the first round in all other cases.

 

Article 591

 

1) The Constitutional Court shall decide on election complaints.

 

2) Parliament shall verify the validity of the election of its Members and of the election as such on the basis of the election records and of any decision of the Constitutional Court (validation).

 

1

Article 59 amended by LGBl. 1958 No. 1.

 

Article 64

 

1) The right of initiative with regard to legislation, i.e., the right of introducing bills, shall appertain to:

a) the Reigning Prince, in the form of Government proposals;

b) Parliament itself;

c) Liechtenstein citizens eligible to vote, under the conditions set forth in the following provisions.

 

2) If at least 1,000 Liechtenstein citizens eligible to vote, whose signatures and right to vote have been certified by the municipal council of their domicile, submit a request in writing, or if at least three municipalities do so in the form of concurring resolutions of their municipal assemblies, to enact, amend or repeal a law, such a request shall be considered at the next meeting of Parliament.1

 

3) If the request from one of the organs referred to in (a) to (c) concerns the enactment of a law that has not already been provided for by this Constitution and the implementation of which would result either in a nonrecurrent expenditure not already provided for by the finance act or in an expenditure over a longer period, such request shall only be considered by Parliament if it is accompanied by a proposal to cover the necessary funds.

 

4) An initiative concerning the Constitution may only be brought by at least 1,500 Liechtenstein citizens eligible to vote or by at least four municipalities.2

 

5) Further detailed provisions regarding this popular initiative shall be laid down in a law.

 

1

Article 64 para. 2 amended by LGBl. 1947 No. 55 and LGBl. 1984 No. 27.

2

Article 64 para. 4 amended by LGBl. 1947 No. 55 and LGBl. 1984 No. 27.

 

Article 65

 

1) Without the participation of Parliament, no law may be enacted, amended, or declared to be authentic. For any law to attain legal force, it must, in addition to the assent of Parliament, be sanctioned by the Reigning Prince, countersigned by the responsible Prime Minister or the Deputy Prime Minister, and promulgated in the Liechtenstein Legal Gazette (Landesgesetzblatt). If the Reigning Prince does not grant his sanction within six months, it shall be deemed to have been refused.

 

2) Moreover, a popular vote (referendum) shall be held under the conditions set forth in the following article.

 

1

Article 65 para. 1 sentence 3 inserted by LGBl. 2003 No. 186.

2

Article 65 para. 2 amended by LGBl. 2003 No. 186.

 

Article 66

 

1) Every law passed by Parliament that it does not declare to be urgent and every financial resolution that it does not declare to be urgent and that results in a new nonrecurrent expenditure of at least 300,000 francs or a new annual expenditure of 150,000 francs shall be subject to a popular vote if Parliament so decides or if at least 1,000 Liechtenstein citizens eligible to vote or at least three municipalities submit a request to that effect, in the manner provided for in article 64, within 30 days of the official announcement of the resolution of Parliament.1

 

2) If the resolution concerns the Constitution as a whole or individual parts thereof, the request must be made by at least 1,500 Liechtenstein citizens eligible to vote or by at least four municipalities.2

 

3) Parliament shall be authorized to call a popular vote on the inclusion of individual principles in a law to be enacted.

 

4) The popular vote shall be held according to municipality; the absolute majority of the valid votes cast in the entire country shall decide on acceptance or rejection of the resolution on enactment of the law.

 

5) Resolutions on the enactment of laws subject to a referendum shall only be submitted to the Reigning Prince for sanction after the popular vote has been held or after the stipulated period of thirty days within which a request for a popular vote may be submitted has expired without a successful request being submitted.3

 

6) If Parliament rejects a bill that has been drawn up in due form and accompanied if necessary by a proposal to cover the necessary funds and that has reached it by way of a popular initiative (article 64 paragraph 1 subparagraph c), the bill shall be submitted to a popular vote. The acceptance of the bill by the Liechtenstein citizens eligible to vote shall then replace the resolution of Parliament otherwise necessary for the adoption of a law.

 

7) Further detailed provisions regarding the referendum shall be laid down by way of a law.

 

1

Article 66 para. 1 amended by LGBl. 1996 No. 85.

2

Article 66 para. 2 amended by LGBl. 1947 No. 55 and LGBl. 1984 No. 27.

3

Article 66 para. 5 amended by LGBl. 2003 No. 186.

 

Article 66bis1

 

1) Every resolution of Parliament concerning assent to an international treaty (article 8) shall be subject to a popular vote if Parliament so decides or if at least 1,500 Liechtenstein citizens eligible to vote or at least four municipalities submit a request to that effect, in the manner provided for in article 64, within 30 days of the official announcement of the resolution of Parliament.

 

2) In the popular vote, the absolute majority of the valid votes cast in the entire country shall decide on acceptance or rejection of the resolution of Parliament.

 

3) Further detailed provisions regarding this referendum shall be laid down in a law.

 

1

Article 66bis inserted by LGBl. 1992 No. 27.

 

Article 961

 

1) The Reigning Prince and Parliament shall avail themselves of a joint body for the selection of Judges. The Reigning Prince shall chair this body and have the casting vote. He may appoint as many members to this body as the number of representatives delegated by Parliament. Parliament shall delegate one of its Members for each electoral group represented in Parliament. The Government shall delegate the Minister of Justice. The deliberations of the body shall be confidential. The body may only recommend candidates to Parliament with the consent of the Reigning Prince. If Parliament elects the recommended candidate, the Reigning Prince shall appoint this candidate as Judge.

 

2) If Parliament rejects the candidate recommended by the body, and if no agreement on a new candidate can be reached within four weeks, then Parliament shall recommend an opposing candidate and call a popular vote. In the event of a popular vote, Liechtenstein citizens eligible to vote shall also have the right to nominate candidates subject to the conditions of an initiative (article 64). If more than two candidates are voted on, the vote shall be conducted in two rounds in accordance with article 113 paragraph 2. The candidate obtaining the absolute majority of the votes cast shall be appointed as Judge by the Reigning Prince.

 

3) A Judge appointed pro tempore shall remain in office until a successor has been sworn in.

 

1

Article 96 amended by LGBl. 2003 No. 186.

 

Article 104

 

1) A Constitutional Court shall be established by way of a specific law 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 the Ministers.

 

2) The Constitutional Court shall also have jurisdiction to review the constitutionality of laws and international treaties and the legality of Government ordinances; in such matters, it may declare their annulment. Finally, it shall also act as an electoral tribunal.1

 

1

Article 104 para. 2 amended by LGBl. 2003 No. 186.

 

Article 110

 

1) Laws shall determine the territory, organization and responsibilities of the municipalities in their own sphere of action and in that assigned to them.

 

2) The following principles shall be established in the municipal laws:

a.       free election of the mayor and of the other organs of the municipality by the municipal assembly;

  1. autonomous management of the municipal assets and of the administration of the municipal police under the supervision of the national Government;
  2. maintenance of well-ordered services for the poor under the supervision of the national Government;
  3. the right of the municipality to grant citizenship and the freedom of Liechtenstein citizens1 to reside in any municipality.

 

1

«The term 'Landesangehörige' (Liechtenstein citizens) employed by the Constitution is to be understood as referring to all persons holding Liechtenstein national citizenship without distinction of sex.» (LGBl. 1971 No. 22.)

 

Article 1111

 

All Liechtenstein citizens who are at least eighteen years of age and whose right to vote has not been suspended shall be eligible to vote in municipal matters in the municipality in which they reside.

 

1

Article 111 (110 bis) amended by LGBl. 2000 No. 55 and LGBl. 2003 No. 186.

 

Article 1121

 

1) The present Constitutional deed shall be universally binding after its promulgation as the fundamental law of the country.

 

2) Amendments to or universally binding interpretations of this fundamental law may be proposed either by the Government or by Parliament or by way of an initiative (article 64). They shall require unanimity of the Members of Parliament present or a majority of three quarters of the Members present at two consecutive meetings of Parliament voting in favour, a popular vote if called for (article 66), and in any event the subsequent assent of the Reigning Prince, with the exception of the procedure to abolish the monarchy (article 113).

 

1

Article 112 amended by LGBl. 2003 No. 186.

 

Article 1131

 

1) Not less than 1,500 citizens shall have the right to submit an initiative to abolish the monarchy. If the initiative is adopted by the People, Parliament shall draw up a new Constitution on a republican basis and submit it to a popular vote after one year at the earliest and two years at the latest. The Reigning Prince shall have the right to present a new Constitution for the same popular vote. In the event of such an initiative, the procedure governed by the following provision shall replace the procedure to amend the Constitution as laid down in article 112 paragraph 2.

 

2) If only one draft has been presented, its adoption shall require only an absolute majority (article 66 paragraph 4). If two drafts have been presented, each Liechtenstein citizen eligible to vote shall have the possibility of choosing between the existing Constitution and the two drafts. In this case, each Liechtenstein voter shall have two votes in the first voting round. The voter may allocate these votes to the two constitutional alternatives that the voter wishes to see proceed to the next voting round. The two constitutional alternatives that attain the most first and second votes shall proceed to the second voting round. In the second voting round, which shall be held 14 days after the first, each Liechtenstein voter shall have one vote. The Constitution shall be adopted that receives an absolute majority (article 66 paragraph 4).

 

1

Article 113 amended by LGBl. 2003 No. 186.