Liechtenstein National Law Gazette

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The Liechtenstein State Law Gazette is the official publication body of the Principality of Liechtenstein for legislative provisions (legal provisions). In the official gazette of the Principality of Liechtenstein, however, all other, non-legislative regulations and orders as well as official notices are published.

editor

Like the Official Journal, the Liechtenstein State Law Gazette is published by the government of the Principality of Liechtenstein .

history

Before the introduction of the State Law Gazette in Liechtenstein as a publication facility for legal provisions, princely ordinances, instructions, court decrees and court chancellery decrees were not published evenly.

The State Law Gazette was introduced in Liechtenstein on the basis of the ordinance of June 20, 1863 regarding the introduction of a State Law Gazette for the publication of laws and ordinances, LGBl 2/1863. This ordinance of 1863 was replaced by the 1985 Announcement Act.

According to Art 19 Announcement Act, legal provisions that had not been announced in the State Law Gazette according to the law applicable up to that point but should continue to apply, had to be properly announced within five years of the entry into force of the Announcement Act if they fulfilled the requirements of the new law.

State Law Gazette

content

The following must be announced in the state law gazette (Art 3 Announcement Act, LGBl 41/1985):

  1. Legislative resolutions
  2. Financial decisions
  3. State treaties, resolutions of international organizations and legal provisions that are applicable on the basis of international treaties;
  4. Administrative arrangements
  5. Decisions of the State Court to repeal laws or ordinances
  6. Rules of procedure of the state parliament, the government and the courts
  7. Regulations
  8. Administrative ordinances, unless they are directed exclusively to the offices of the state administration
  9. Announcements, as far as this is ordered in other legal provisions
  10. Resolutions of the EEA Joint Committee in accordance with Art. 102 Para. 1 of the Agreement of May 2, 1992 on the European Economic Area
  11. Corrections of announcements according to Art. 13b Announcement Act.

The legal notice usually contains the full text of the legal provisions. In certain cases provided for by law, the announcement can be made in a simplified form or initially in another way.

Announcement

An extraordinary announcement can, with the exception of laws and financial resolutions, also be made in advance in electronic media, periodical printed matter or through public notices (Art. 12 Announcement Act).

Unless otherwise expressly stipulated, the binding force of a legal provision published in the State Law Gazette begins eight days after the State Law Gazette was published electronically in LILEX. According to Art. 8 Publication Act as amended by LGBl 174/2012, the binding Version of the State Law Gazette to be published at www.gesetze.li).

shape

The Liechtenstein State Law Gazette in the printed edition and in the electronic edition is published in the form of a chronological and a systematic collection. According to Art. 13a Announcement Act, access to legal provisions must be possible at any time without proof of identity; Legal regulations can be printed out by anyone free of charge (e.g. on their own printer) (Paragraph 1). Anyone can obtain legal provisions in printed form from the government chancellery for a fee determined by the government by ordinance (para. 2). According to Art. 13a Para. 3 Announcement Act, the government can " by ordinance set fees and special conditions for the exploitation of legal provisions published in the State Law Gazette by third parties ."

Chronological collection

In accordance with Art. 5 of the Announcement Act, the chronological collection is a continuous collection of the state gazettes published in sequence. Each published legal provision is announced in its own piece, which is numbered consecutively within a calendar year. The day of publication must be stated on each piece of the state law gazette.

In the case of legal provisions, the version published in the chronological collection and the electronic version of a legal provision signed in accordance with Article 9 of the Announcement Act are authoritative (Article 7 of the Announcement Act).

Systematic collection

The systematic collection of the Liechtenstein State Law Gazette is a revised collection of the legal provisions that are still in force, sorted by subject area. The subject areas used ( structure of the LILEX database ) are largely based on the systematic collection of federal law in Switzerland (SR).

register

In accordance with Art. 8 Announcement Act (old version), the government published an annual register of the legal provisions contained in the chronological and systematic collection by December 31, 2012.

Electronic State Law Gazette

The state legal gazettes can be accessed electronically via the LILEX database . Since January 1, 2013 the electronically announced legal regulation (as a signed PDF document) has been the legally binding version. The structure of this binding version is largely based on the Austrian Legal Information System (RIS) and replaced the Liechtenstein Law Gazette in printed form.

particularities

Legislation from the EEA Agreement

Legal provisions that apply in Liechtenstein on the basis of the EEA Agreement are based on the law of March 22, 1995 on the implementation and publication of the EEA legal provisions (LGBl 99/1995) and the ordinance of May 31, 1995 on the EEA Legal collection (LGBl 146/1995) in a separate EEA legal collection. The EEA legal collection was published until December 31, 2012 in the form of a loose-leaf collection and can now be published electronically in accordance with the Announcement Act (LGBL 41/1985). This is published by the Liechtenstein government and is an integral part of the Liechtenstein State Law Gazette. In the Liechtenstein State Law Gazette itself, the government merely announces the entry into force of the EEA legal provisions (publication of the title of the EEA legal provision). The EEA collection of laws must be available to the interested public at the locations previously determined by the government by ordinance during office hours for inspection and for printing (for a fee). The EEA collection of laws can also be obtained from the government chancellery for a fee.

The government is obliged to keep a register of the legal provisions published in the EEA collection of laws.

Swiss legislation

Swiss legal provisions that have been declared applicable in the Principality of Liechtenstein (mainly due to the existing customs treaty) are regularly published by the government in a simplified form in the Liechtenstein National Law Gazette. The form, time and frequency of the announcement are determined by the government. The announcement of the title and the indication of the reference or source in the State Law Gazette is sufficient for the binding announcement. The Liechtenstein government regularly publishes a register of Swiss legal provisions.

The interested public can use the Swiss legal provisions:

  • Adjusted collection of federal laws and ordinances 1848–1947 (BS),
  • Official collection of federal law (AS) and the
  • Systematic collection of federal law (SR)

in the government chancellery during office periods and in the state library . Only the text of the Swiss legal provisions, which can be found in the amended collection of federal laws and ordinances 1848–1947 (BS) and in the official collection of federal law (AS), is binding for those subject to Liechtenstein norms.

Swiss legal provisions come into force or expire with their publication in the Liechtenstein National Law Gazette. In case of doubt, they come into force on the day they are announced in the Liechtenstein National Law Gazette.

Individual evidence

  1. ↑ Art 1 Announcement Act of April 17, 1985, LGBl 41/1985.
  2. ↑ Art 2 Announcement Act of April 17, 1985, LGBl 41/1985
  3. ↑ For example: Princely regulation of November 7th, 1859 on the occasion of the adoption of the Austrian penal law of 1852.
  4. ↑ For example: Instruction for the judicial treatment of estates in the Principality of Liechtenstein from April 8, 1846.
  5. ↑ For example: Court decree of June 25, 1817 No. 1340 on § 1249 ABGB.
  6. ↑ For example: Hofkanzleidekret from June 13, 1828 No. 2347 on §§ 1333, 1336 ABGB.
  7. ↑ According to Article 7, Paragraph 2 of the Announcement Act, only the texts designated as authentic are authoritative for international treaties and resolutions.
  8. ↑ Art. 10 para. 1 Announcement Act
  9. ↑ Art. 10 para. 2 Announcement Act. Due to its special nature, the simplified announcement may consist of titles and references or sources of supply in the case of legal provisions if these (a) apply on the basis of contracts and resolutions of international organizations in Liechtenstein or (b) are unsuitable for a full wording due to their special nature , especially if they are of a technical nature and are only intended for specialists or have to be announced in a different format (Art. 11 Announcement Act). According to Art. 11 Announcement Act, the full wording of the legal provisions had to be kept available at the government chancellery for general inspection during office hours by January 1, 2013 (amendment by LGBl 174/2012).
  10. ↑ To what extent this is in accordance with Art. 5 of the Copyright Act (LGBl 160/1999) after (1) The following are not protected by copyright: (a) " Laws, ordinances, international treaties and other official enactments " and (2) "are also not protected Official or legally required collections and translations of the works according to Paragraph 1 "must be assessed on the basis of the ordinance to be issued. In particular, who are "third parties" in the sense of the cited provision.
  11. ^ Agreement of May 2, 1992 on the European Economic Area. Liechtenstein joined the EEA on May 1, 1995.
  12. ↑ The title and the reference of the EEA legal provisions published in the EEA collection of laws are listed by the government in an annually published register.
  13. ↑ Art 2 Ordinance of 31 May 1995 on the EEA Collection of Laws, LGBl 146/1995. However, the announcement in the State Law Gazette only exists in the title of the EEA legal provisions; the full wording of the EEA legal provisions is published in the EEA legal collection.
  14. ↑ Art 4 of the Act of March 22, 1995 on the implementation and publication of the EEA legal provisions, LGBl 99/1995.
  15. ↑ In accordance with Art. 8 Ordinance of May 31, 1995 on the EEA Collection of Laws, LGBl. 146/1995, these are the government chancellery during the term of office and the state library .
  16. ↑ Unusually, only natural or legal persons resident or domiciled in the Principality of Liechtenstein are entitled to subscribe to the EEA Collection of Laws (Art. 9 Paragraph 2 Ordinance of May 31, 1995 on the EEA Collection of Laws, LGBl 146/1995).
  17. ↑ Art. 7 para. 1 law of March 22, 1995 on the implementation and publication of the EEA legal provisions, LGBl 99/1995.
  18. ↑ Art. 3 Law of June 20, 1996 on the publication of the Swiss legal provisions applicable in Liechtenstein, LGBl 122/1996. The Announcement Act of April 17, 1985, LGBl 41/1985, as amended, applies as a subsidiary to this Act.
  19. ↑ Art. 4 para. 1 law of June 20, 1996 on the publication of the Swiss legal provisions applicable in Liechtenstein.
  20. ↑ Art. 7 para. 1 law of June 20, 1996 on the publication of the Swiss legal provisions applicable in Liechtenstein.
  21. ↑ Art. 5 Law of June 20, 1996 on the publication of the Swiss legal provisions applicable in Liechtenstein.