Prince (Liechtenstein)

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The Reigning Prince is the head of state of the Principality of Liechtenstein and, along with the people of the country, one of the two bearers of Liechtenstein sovereignty . As regent, he is endowed with far-reaching government powers, most of which, however, he delegates to the government . The sovereign holds the official title of Prince von und zu Liechtenstein, Duke von Troppau and Jägerndorf , Count zu Rietberg , ruler of the House of von und zu Liechtenstein .

Since Liechtenstein, according to its constitution, is a constitutional hereditary monarchy on a democratic and parliamentary basis, the office of sovereign is hereditary and has always been held by a male member of the House of Liechtenstein . Since 1989, Hans-Adam II. Von und zu Liechtenstein has been the Prince of the Principality of Liechtenstein. However, since August 2004 his son, Hereditary Prince Alois von und zu Liechtenstein , has been responsible for state affairs as Prince Regent .

The position of the sovereign as head of the state is regulated in paragraph 1 of article 7 of the constitution. The corresponding second main section of the constitution is entitled Vom Landesfürsten .

Constitutional position of the prince in the country

The Liechtenstein constitution from 1921, before the major changes in 2003, has already given the prince a rather strong position, stronger than is usual in the practice of other European monarchies that are members of the Council of Europe. The 2003 constitutional amendment strengthened the position of the sovereign even further.

In its Liechtenstein Report 2011, GRECO stated: “The prince traditionally plays a leading role in the country. Political life is not marked by strong opposition , and for many years the two larger political groups have usually shared their power in parliamentary coalitions , even if their political tones are very different. The two larger daily newspapers are closely linked to these parties ... »

This report also shows a differentiated view of the position and factual and legal position of the Prince in Liechtenstein: «This positive image (of the situation of judges and public prosecutors and the degree of specialization of the law enforcement authorities in Liechtenstein ) is weakened by certain peculiarities that the reflect the dominant position of the executive , including the prince, and this also applies to the situation in the judicial and criminal prosecution system. " In its Liechtenstein Report 2011, GRECO recommends that the Prince should review the “powers of the Prince, according to which he can prevent or suspend criminal investigations and proceedings in accordance with Art. 12 of the state constitution and other legal provisions.”

The special and critical position of the sovereign or his representative is shown, for example:

  • that the prince (if one is designated by him) to be Amtsausführender deputy and (in the sense of Article 7. 2 and Type 13 to state constitution) permanent and absolute immunity enjoy,
  • in the far-reaching law of pardons , the mitigation and conversion of legally recognized penalties and the suppression of initiated investigations,
  • the central powers and possibilities of the sovereign in the pre-selection and appointment of judges for the regional courts ,
  • the prince's ability to veto laws. This is possible even if these laws were passed in a referendum,
  • comprehensive and imprecisely formulated emergency ordinance law of the prince,
  • that the government of Liechtenstein is not responsible to the state parliament , but to the prince.

literature

  • Günther Winkler : Constitutional Law in Liechtenstein . Springer-Verlag, Vienna 2001, ISBN 3-211-83610-1 .
  • Office for Communication and Public Relations (Ed.): The Principality of Liechtenstein - Encounter with a Small State. Vaduz 2006.
  • Patricia M. Schiess Rütimann: The political responsibility of the sovereign . In: Hubertus Schumacher, Wigbert Zimmermann (ed.): 90 years of the Princely Supreme Court. Festschrift for Gert Delle Karth . Jan Sramek Verlag, Vienna 2013, ISBN 978-3-7097-0002-0 , p. 829-246 .

Web links

Commons : Princes of Liechtenstein  - collection of images, videos and audio files

Individual evidence

  1. ↑ Article 2 Paragraph 1 of the House Law of the Princely House of Liechtenstein of October 26, 1993
  2. ↑ According to Art. 12 of the House Law of the Princely House of Liechtenstein of October 26, 1993 (LGBl 100/1993), the principle of primogeneity applies to the succession to the throne in Liechtenstein . According to the House Law of 1993, female members of the Princely House are generally excluded from succession to the throne.
  3. ^ Constitution of the Principality of Liechtenstein , available online in the Liechtenstein Collection of Laws .
  4. ↑ Free quotation according to point 40 f from the report of the Venice Commission.
  5. ↑ See report of the Venice Commission, Item 41.
  6. ↑ GRECO Liechtenstein Report 2011 - full version see web links.
  7. ↑ GRECO Liechtenstein Report 2011, Item 103.
  8. ↑ GRECO Liechtenstein Report 2011, Point 48
  9. ↑ Point 49.
  10. ↑ See also the statement regarding the amendments to the Liechtenstein constitution proposed by the Liechtenstein Princely House, adopted at the 53rd plenary meeting of the Venice Commission (Venice, December 13-14 , 2002) , also cited in the GRECO Liechtenstein report, point 50.
  11. ↑ Criticized in the statement regarding the amendments to the Liechtenstein constitution proposed by the Liechtenstein Princely House, adopted at the 53rd plenary session of the Venice Commission (Venice, December 13-14 , 2002) and in the GRECO Liechtenstein report, item 57. Art. 13 ter gives at least 1,500 voters the right to introduce a justified motion of no confidence against the sovereign , which must be accepted in a referendum . However, one consequence of this is not bindingly stipulated: “If the motion of censure is accepted in the referendum, then it is to be communicated to the sovereign for treatment under the house law. The decision made in accordance with the house law will be announced to the state parliament by the sovereign within six months. " See also the criticism in the report of the Venice Commission, points 5, 26 with reference to the judgment of the European Court of Human Rights of October 28, 1999 in the case of Wille v Liechtenstein and point 34 et seq.
  12. ↑ Article 12 of the State Constitution, Article 8, Paragraph 5 of the Public Prosecutor's Office Act , Article 2, Paragraph 6 of the Code of Criminal Procedure , GRECO Liechtenstein Report 2011, points 26, 30, 140, 141.
  13. ↑ Art 96 of the national constitution, GRECO Liechtenstein report, points 22, 23, 50, 140, 141. According to the GRECO Liechtenstein report, point 50: “ The need for changes in the judiciary is obvious, and Liechtenstein could deviate from the standards in this regard of the Council of Europe in this area . These powers of the prince were already severely criticized in the report of the Venice Commission, points 29–31.
  14. ↑ a b GRECO Liechtenstein report, item 29.
  15. ↑ Art 10 of the state constitution. See also report of the Venice Commission, point 32.