Liechtenstein citizenship

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The possession of the Liechtenstein citizenship determines the legal affiliation of a natural person to the Principality of Liechtenstein . As in most other Central European states, the citizenship of this small state is based on the principle of ius sanguinis , i.e. it is usually acquired through descent.

To this day, the citizenship of the country is always linked to the citizenship of a municipality (“home right”).

Laws

In the 19th century, the first relevant regulation was the freedom of movement law of 1810, that is, the peasants' exemption , which, however, only abolished the ties of the subjects to the territory of the sovereign, not the compulsory labor and taxes. Previously, the residents were bound as subjects to the (permanently absent) sovereign , not civis, in the sense of Roman legal understanding.

With the adoption of the Austrian General Civil Code in 1812, its provisions on “citizenship” became relevant. In addition to the reasons that are still possible today, this also provided for the granting of citizenship when entering the state service or for qualified craftsmen - both until 1863. Likewise, who was naturalized in a municipality who was dissolved for this in the, in 1868, Liechtenstein Army was doing service.

In 1843 the ordinance on the acquisition of citizenship was issued, which, until the constitutional monarchy was introduced in 1862, did not result in any democratic rights for new citizens.

The municipal laws of 1842 and 1864 for the first time regulated the local citizenship and co-determination rights of the “nationals.” The municipal citizenship rights, which were acquired through shopping in the 19th century, were initially bound to certain property requirements, age regulations and the male gender. Less well-off residents were left behind with restricted rights. As of 1926, naturalized and repatriated citizens were banned from using communal land.

The regulations in the State Treaty with Switzerland in 1923 and the applicable Swiss regulations on the Aliens Police from 1941, which gave the citizens of both countries freedom of movement , also had an impact . However, this provision also gave the Bern Federal Council a right of veto until 1963.

In addition, there is the law of March 28, 1864 on the acquisition and loss of Liechtenstein citizenship , which contains the stipulation that every citizen of the country must be a community citizen. The municipalities decide on the granting of the second, without which the first is not possible . One reason for the high fees charged by the municipalities until the 1970s was their obligation to provide welfare benefits to their full citizens, so that the number of beneficiaries with home law was wanted to be kept low. After the amendment, the fees fell, the municipality of Triesen demanded z. B. 2019 "only" 3000 sfr.

It could have negative effects on the citizenship of descendants if a Liechtenstein citizen living abroad disregarded the provisions on the marriage consensus , or if naturalized citizens did not pay the “new citizen tax” and therefore received no papers.

The most important regulation today is the law of January 4, 1934 , which has been amended several times , on the acquisition and loss of national citizenship, or “Citizenship Law” for short.
It was supplemented by the New Norms for Naturalizations of January 31, 1938.

More liberal rules did not come about in the 1970s, as conservative interests complained of "foreign infiltration". In fact, the proportion of foreigners was around a third, but most of the “foreigners” were Swiss, who made use of the freedom of movement that was possible until 1981. It has only been easier to naturalize people who have lived in the country for many years without family ties since 2008.

The final right to be granted citizenship in the ordinary process belongs to the prince (with the consent of the state parliament and the cooperation of the municipalities).

Every adult new citizen has to take the state citizenship oath.

Acquisition

Birth or adopted children of a Liechtenstein mother or Liechtenstein father acquire citizenship at birth.

Since 1998, illegitimate children of Liechtenstein fathers have been granted citizenship automatically at birth.

Since 1971 there has been the possibility of “easier return citizenship” for former Liechtenstein residents. Since 1974, women who had automatically lost their citizenship when marrying a foreigner according to the former legal situation can apply for naturalization again.

Foreign children of a Liechtenstein mother, including those of legal age, have ex lege a right to citizenship since 1997 without having to give up any other existing ones. The corresponding decision of the State Court of Justice led to over 5500 new citizens in the two following years.

Foundlings of unknown origin found in the country also become Liechtensteiners.

Naturalization process

In the economically difficult years after the First World War until the mid-1950s, simplified “financial naturalizations” were possible. Initially, this option was mainly used by Austrian nobles, stateless Eastern Europeans and German industrialists for tax reasons. Their recipients were denied certain professions in the country. Before 1933, they did not have to prove any residence in the country and were also excluded from freedom of movement with Switzerland. The fees were high and increased sharply in the course of the 1930s: in 1934 the cost was CHF 15,000–18,000, and in 1939 the process cost around CHF 42,000. In 1937 the naturalization taxes made up 12.3% of the state's income. In addition, CHF 30,000 had to be paid as bail per case or family. Above all, wealthy German Jews made use of this option, increasingly after 1933. Their share rose to 80 percent by 1938.
Financial naturalizations were abolished in their pure form in 1955, but until the 1970s there were possibilities of municipal "civil rights purchase" with a residence requirement.

Since 2008, all applicants for naturalization have been required to have a good repute and solvency, which has always been required, in addition to knowledge of state studies and German ( B1 ). Liechtenstein citizens are allowed to take on other citizenships, but those who want to be naturalized have had to renounce other citizenships since 1920.

There are two ways of acquiring Liechtenstein citizenship.

  1. By admission ("ordinary procedure"): Here the respective municipality decides in a political decision by voting on the granting of municipal citizenship, then the state parliament must approve the granting of national citizenship, which is then carried out by the prince. The applicant must have had his normal place of residence in Liechtenstein for ten years.
  2. By law: This is an administrative act by the state government, the so-called “simplified procedure.” The municipalities do have a right to be heard, but no decision-making authority. According to the 2008 regulations, it is applicable in the following cases:
  • Since 2000, anyone who has lived in the country for 30 years, the last five years of which permanently, has had a legal right to naturalization, whereby the years up to the age of 20 count double.
  • Since 1934 female spouses have been granted municipal and state citizenship rights automatically when they get married. With the introduction of equal rights and women's suffrage in 1984, the law was tightened to the effect that at least three years of marriage and twelve years of residence were required, with the marriage period counting twice. This was changed in 2008 to ten years of residence so that naturalization is possible no earlier than five years after the marriage or, new since 2008, the registration of a civil partnership with a Liechtenstein citizen.
  • Since 2008, people who have lived in the country for five years and are stateless from birth can be naturalized up to the age of 21 using a simplified procedure.

When the applicant is accepted into state and municipal citizenship law, his minor legitimate children and spouses also acquire state and, if applicable, municipal citizenship rights.

Honorary citizenship

It was introduced in 1864 primarily for foreigners working as civil servants in order to allow them the active and passive right to vote in the state parliament. The award was made by this body at the request of the President of the State Parliament.

Since 1934, the state's honorary citizenship, usually without municipal citizenship, has been granted by the prince to particularly deserving people at the suggestion of the government or to promote the economic or cultural interests of the small country. This type of naturalization gives full political rights but does not extend to dependents.

loss

According to modern practice, Liechtenstein citizenship is lost if:

  • Withdrawal if this does not result in statelessness.
  • Adoption of a minor by a foreigner.
  • Waiver if it does not result in statelessness. This may also apply to underage children.
  • Annulment or divorce of the marriage or civil partnership if the former foreigner became a Liechtensteiner as a result of this.

The law of 1843 provided for loss even if there was unauthorized emigration, which was automatically assumed for five acts:

  • Naturalization or acceptance of an official post abroad.
  • Entry into a religious institute (monastery) that requires a stay abroad.
  • For women, marriage to a foreigner (widows could request return citizenship).
  • Failure to obey the draft order for the army.
  • m. E. 5-year stay abroad.

The loss did not extend to children. In addition, those persons who had automatically acquired citizenship through ten years of presence before it came into force could discard it again.

From 1863 onwards, the reason for loss was the non-renewal of the " Heimatschein " for more than 30 years or waiver or if this did not result in statelessness and all domestic creditors were satisfied. Furthermore, the foreigner marriage for women.

statistics

The following information can be seen in the light of the resident population (year: total / foreigners): 1812: 5797 / ?; 1861: 7394/334 (hardly changed until 1900); 1911: 8693/1350; 1930: 9948/1691; 1970: 21350/7046; 1990: 29032/10909.

Between 1809 and 1864, 56 foreigners (possibly with families) were naturalized. Among them were 21 officials in Vaduz. A total of fourteen were granted full community rights, the rest were rear inmates with fewer rights to community property and poor welfare. The small number can be explained by the high purchase fees charged by the municipalities.

In the following 55 years there were only thirty independent naturalizations. Until 1918, the significantly larger group was that of women marrying in. Almost all of them came from Vorarlberg and Tyrol or the Catholic communities in Eastern Switzerland.

Of the financial naturalizations 1920–55, there were 65 cases in the first decade, involving 165 people with families. From 1930-45 394 financial naturalizations are documented, 594 for the total period. In the last five years there were only fourteen cases with seventeen people.

In the first ten years, 434 Liechtenstein women made use of the free return citizenship option. Foreign children of such were naturalized in 780 cases from 1987–95. The introduction of equal rights for men and women in 1996 meant that 210 men (there was some catching up to do here) but only 71 women were naturalized in the first three years.

Naturalization through voting has declined sharply since 1990. In recent times, only two to eight percent of naturalizations have taken place “through admission”. In the years 2005–13 that was never more than twelve.

Between 1971 and 2017, 13,524 people acquired national citizenship, which corresponds to almost a third of the current resident population. In 2010, 64% of naturalizations took place according to the 30-year rule.

literature

  • Argast, Regula; Naturalizations in Liechtenstein from the 19th to the 21st century: final report; Zurich 2012 (Chronos); ISBN 9783034011501
  • Hecker, Hellmuth; The citizenship law of Andorra, Liechtenstein, Monaco, San Marino, the Vatican City; Frankfurt 1958 (Metzner)
  • Historical Lexicon of the Principality of Liechtenstein; Vaduz 2013; ISBN 9783906393599 Verlag des Historisches Verein im Fürstentum Liechtenstein, 2 vol .; “Citizenship:” I, p. 132 ff. Online as eHLFL
  • Principality of Liechtenstein, statistical information; Naturalizations in Liechtenstein from 1970 to 2005 ; Vaduz (Office for Economics)
  • Knight; T .; The naturalization policy of the Principality of Liechtenstein under domestic and foreign policy aspects from 1930 to 1945; SZG, Vol. 53 (2003), pp. 58-79; DOI
  • Schiess Rütimann, Patricia M .; The competences of the municipalities in granting citizenship. A legal comparison between Liechtenstein and Switzerland; 2017 (Liechtenstein Institute), DOI
  • Schwalbach, Nicole; Civil rights as an economic factor; Vaduz 2012 (Publishing House of the Historical Association in the Principality of Liechtenstein)

Archival material

Documents on naturalizations and related correspondence of the governor or administrator are archived, like all other files before 1954, in the princely collections in Vienna.

Individual evidence

  1. ↑ Scan of the 1811 edition
  2. ↑ Schiess Rütimann, Patricia M .; The historical development of Liechtenstein municipal law; Bendern 2015 (Liechtenstein Institute), DOI: https://doi.org/10.13091/li-ap-50
  3. ^ Treaty between Switzerland and Liechtenstein on the connection of the Principality of Liechtenstein to the Swiss customs territory
  4. ↑ Agreement between Liechtenstein and Switzerland on the regulation of foreign police relations, in force on February 1, 1941, as a replacement for the provision of the same name of December 28, 1923.
  5. ↑ The Principality has only been contributing to social assistance at state level since 1967. Social Assistance Act of December 10, 1965, in effect March 1, 1967; 50% sharing of costs.
  6. ↑ Inevitably it was necessary to adjust the law on foreigners at the same time: Law of 17 September 2008 on foreigners.
  7. ↑ StGH 1996/36 of April 24, 1997.

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