Government of the Principality of Liechtenstein

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The government building in Vaduz

The government of the Principality of Liechtenstein is the highest executive body in Liechtenstein . This government , which is a collegial body made up of the head of government and four government councilors, is responsible to the state parliament as the highest legislative body and at the same time to the sovereign as head of state . It is appointed by the Prince for a period of four years on the proposal of the State Parliament. The government has its seat in the Liechtenstein capital Vaduz .

A government coalition of the Progressive Citizens' Party (FBP) and the Fatherland Union (VU) with Adrian Hasler (FBP) as head of government has been in existence since March 30, 2017 . Other members of the current government are Deputy Prime Minister Daniel Risch (VU), Councilor Katrin Eggenberger (FBP), Councilor Dominique Hasler (VU) and Councilor Mauro Pedrazzini (FBP).

history

If the government is viewed as an organ charged by the prince with the exercise of direct executive power, this function can be traced back to various offices in the history of the principality. Initially, this task was usually assigned to individuals, later an entire administrative apparatus developed around these enforcement officers.

The Landammann constitution of the Middle Ages

After the Brandis lords, who ruled over the area of ​​today's Liechtenstein in the late Middle Ages, received the right from the emperor to administer their territories independently and to exercise the high level of jurisdiction themselves (the so-called Brandisian freedoms), the Landammann constitution was formed around 1500 . The essential core statement of the Landammann's constitution gave the population great say in government, administration and jurisdiction.

Each of the two landscapes that existed at that time (in the south the county of Vaduz , which corresponds to today's Oberland and in the north the lordship of Schellenberg , which is now known as the Unterland) was assigned a ruler from the ranks of the population. This chief was elected by the electorate at the suggestion of the sovereign from three personalities who appeared to be suitable. The bailiff had - as opposed to acting as representatives of the sovereign country Vogt  to get the more important tasks within the landscape -. For example, during the rule of the Sulzer and Emser, he was at the head of the court of the countryside. In addition, the Landammann was the chief administrative officer of his landscape and exercised control over the police system and the collection of taxes. Militarily, he also had to get the contingent of the team, which he also chaired. In the 16th century, the tenure of the Landammans was usually two years, later it usually lasted longer. For example, around 1800 terms of office of up to 15 years were proven.

The development towards an absolute monarchy

Coat of arms of the House of Liechtenstein
Prince Johann I Josef issued the first written constitution of Liechtenstein in 1818

When Liechtenstein was elevated by the emperor to a principality directly under the empire on January 23, 1719 , the Princely House of Liechtenstein immediately set about organizing the new state according to the ideas of the absolutist monarchy . However, the subjects of the two regions did not pay homage to the new sovereign until September 5, 1718, after he had assured that the Landammann's constitution would continue to exist in its existing form.

Nevertheless, it was the endeavor of the Princely House to reduce the power of the landlords elected by the population and to equip them with government and administrative powers to confidants of the Prince. This turned out to be a gradual process, although the Landammann's constitution was initially retained in its basic features - with an interruption from 1720 to 1733. Now, for the first time, an entire administrative apparatus came to power, which is more comparable to today's government than to the Landammans.

The so-called Oberamt, headed by the provincial bailiff as the prince's representative, became the new government, to which administrative and judicial tasks gradually passed. In addition to the bailiff, who headed the upper office, this included even the Landschreiber , the board of the firm, and the treasurer , who managed the princely estates in the country, to. Together these three formed a quorum government body, which was subordinate to the absolute ruling sovereign. In his function as direct reporter to the prince, the provincial bailiff can be compared with the current head of government.

The Landamman Constitution was only finally abolished when Liechtenstein gained sovereignty through the accession of Prince Johann I Josef to the Rhine Confederation in 1806. At that time, the prince, not the state, was predominantly considered the holder of sovereignty. A sovereign prince could not afford people's rights in his state, which is why Johann I ordered the final and complete repeal of the Landammann's constitution on January 1, 1809 in a service instruction to his bailiff Schuppler on October 7, 1808. The country thus had no constitution at all from 1809 until the introduction of the state constitution in 1818.

Introduction of the state constitution

On November 9, 1818, Prince Johann I issued the first written constitution of the principality in the form of a state constitution based on Article 13 of the German Federal Act . This primarily regulated the composition and tasks of the state parliament, which is made up of the state estates. Since there were neither nobility nor cities in Liechtenstein , de facto only the class of the clergy and the class of community leaders and wealthy citizens existed. Government responsibility and administrative tasks remained in the hands of the upper office, which the governor represented to the prince.

This ongoing suppression of co-determination of the population finally led to several wishes for Prince Alois II in the revolutionary year of 1848 , when the people in almost all of Central Europe fought for more rights of co-determination . Among other things, these demands provided for the abolition of the title of «governor». Because of the reaction that began in 1849 , the prince rejected most of the demands, only the governor was renamed provincial administrator. Only with the death of Alois II on November 12, 1858 and the successor to the government of his son Johann II , did the people regain more participation.

The constitutional monarchy

Prince Johann II transformed Liechtenstein into a constitutional monarchy

Shortly after taking office, Johann II set up a constitutional committee to which two Liechtenstein citizens belonged to transform the country's constitution into a constitutional constitution . On September 26, 1862, the prince proclaimed the draft presented by this committee as a new constitution. It provided for a state parliament with 15 members to be involved in the legislative process in the future, with all rights of state power remaining nominally with the sovereign.

The government was appointed by the prince as his representative. The head of government, in turn, was obliged to submit a statement of income and expenditure to the state parliament at each session. In addition, the state parliament was able to lodge complaints about the administrative bodies and to apply for “charges against the responsible civil servants for violating the constitution and the law”. The composition of the government also benefited the participation of the people. It consisted of the provincial administrator and two district administrators. The prince elected these district administrators from the electoral male population of Liechtenstein for a period of six years. Since all more important decisions in the government college had to be adopted by majority vote, this ensured that the people's representatives were appropriately involved in these decisions.

As it turned out later, this regulation was often circumvented in practice, in that the district administrators were not invited to government meetings or the provincial administrator made the rule, with the exception that "current daily matters should be dealt with immediately by the provincial administrator". So it happened that the resentment in the population against this constitutional constitution grew and finally in 1918 the people turned against this constitution.

Democratic change and a new constitution

The government building before the renovation

The shift towards more participation by the people in government issues took place in Liechtenstein in the form of a vote of no confidence in the Liechtenstein parliament on November 7, 1918, which some historians portrayed as a small putsch had ignored, among other things, resolutions of the Liechtenstein Emergency Commission during the war. The vote of no confidence brought against him was accepted and the princely MPs voted twelve to three to set up a “provisional executive committee”. Under the chairmanship of Martin Ritter, he took over government duties. Provincial administrator of Imhof saw the election as legal and declared his resignation. However, since only the prince was able to resign the provincial administrator and since the power of government in Liechtenstein is always derived from the prince, this executive committee is today unanimously rated as a breach of the constitution. Prince Johann II prevented the situation from degenerating by telegraphing the resignation of the provincial administrator and appointing his nephew Prince Karl as provincial administrator. Karl was then given confidence by the state parliament and the provisional executive committee resigned on December 6, 1918.

On December 17, 1918, with the prince's approval, a constitutional revision committee was set up, which, under the leadership of the provincial administrator Josef Peer , who was in office in 1921, presented the new constitution on March 8, 1921. This was accepted by the state parliament on August 24 with minimal changes and sanctioned by the prince on October 2. Since October 5, 1921, the 81st birthday of Johann II, this constitution has been the governing constitution of the Principality of Liechtenstein. The government has since been elected by the state parliament and sworn in by the prince. Initially, the only three-member government college consisted of the head of government and two government councilors. Another difference to the current government is that the government councilors had a term of four years, while the head of government remained in office for six years. A real collegial government only came about with the constitutional amendment on February 3, 1965. This became necessary because the deputy head of government was to be accepted as a full member of the government. In order to nevertheless enable a majority to be formed, the number of government councilors was increased to three, so that the new collegial government consisted of five people. The term of office of the entire government college was also limited to four years.

Legal classification

The government in the Liechtenstein political system

The Liechtenstein government is dealt with in Chapter VII of the constitution of the Principality of Liechtenstein and is set up as the body responsible for the entire state administration. According to Article 78 of the Constitution, it is entrusted with all of the ensuing tasks, subject to the trust of the Prince and the Landtag. In terms of governance, the government only ranks second after the prince or a deputy appointed by him, who as a rule leaves the administration of official business to the government appointed by him.

Appointment and appointment

The appointment of the government of Liechtenstein results primarily from a proposal by the state parliament, which is introduced to the sovereign. The latter then appoints the individual members of the government college, with only the head of government placing his oath of service in the hands of the prince or regent. The other four government councilors, along with the other state employees, are taken under oath and duty by the head of government .

Thus, the head of government, as a representative of the collegial government, is primarily responsible to the prince and has to report to him regularly. One of the government councilors is subsequently appointed by the head of state as deputy head of government and charged with continuing official business in the event of the head of government's indisposition.

Trust and dismissal

The government stands in the trust of the state parliament as the legislative power and the prince as head of state. The state administration is only transferred to the government college through the constitution through mutual trust. If the government as a whole loses the trust of the sovereign or state parliament (in the course of a vote of no confidence ), the authority to exercise office expires. In this case, the Reigning Prince can appoint a transitional government, which has to present itself to the State Parliament in a vote of confidence within four months. If a new government is installed by the Prince within these four months at the suggestion of the state parliament, the vote of confidence is not required.

If an individual member of the government loses the trust of the prince or the state parliament, the decision on the loss of official powers must be made by mutual agreement between the legislative body and the head of state. In this case, the deputy of the government member concerned continues his or her portfolio until a new member of the government is appointed.

Special position of the head of government

Although most of the government's tasks are taken over by the entire government college, the head of government nevertheless enjoys a prominent position within it. This is due on the one hand to his function as chairman of the college and on the other hand to his special relationship with the prince. This special position is emphasized by the fact that the head of government is the only member of the government to be taken into office and duty by the prince.

In the college of government, the head of government decides in the event of a tie by his vote. In individual cases, this gives rise to a certain position of power, since differences of opinion, especially in coalition governments, can have decisive effects on government decisions. The majority party, which usually provides the head of government, can thus assert its opinion in such cases. On the other hand, the head of government is responsible for the supervision of all business processes of the government and the instruction for the execution of government decisions. He thus appears externally and in particular to the state parliament as a representative of the entire government.

The head of government is particularly distinguished from the college of government members by his position vis-à-vis the sovereign (or the incumbent regent). According to the constitution, he has to present and report to the prince on all areas of responsibility that he has delegated to the government - this includes the entire area of ​​executive power. In addition, the head of government has to take care of the business entrusted to him by the prince and can represent and represent him on official occasions. The most important highlight of the chairman of the government is made clear by the fact that he has to countersign all laws and the decrees, ordinances and resolutions issued by the prince.

Duties and duties

In the legal literature, the areas of responsibility of the government of the Principality of Liechtenstein are generally divided into four. The largest area of ​​responsibility of the government is the administration of the country, while the other areas are of a more subordinate nature.

Administrative tasks

The government building with the parliament building in the background

According to Article 78 of the Liechtenstein Constitution, the government is entrusted with the execution of the entire national administration. This includes all executive tasks and includes the execution of princely decrees, ordinances and laws of the Liechtenstein Parliament. The collegial body, represented by the head of government, the state parliament and the prince, is responsible for this. If it loses the trust of one of the two, the entire government or individual members of it can be dismissed. (See section Trust and Deposition )

Due to the large number of tasks associated with this mandate, the government is also entitled to hand over limited areas of its work to individual officials, official bodies or special commissions. These are entrusted by the government with the implementation and administration and are controlled and supervised by the same. In addition, special corporations , institutions and foundations under public law , which are under the supervision of the government, can be set up by law to carry out economic, social and cultural tasks . The Liechtenstein State Administration (LLV) is the most important such authority apparatus for the government . In this the areas of responsibility of the government are broken down into ministries . Most of this state administration is housed in the government building in Vaduz.

Participation in case law

In the course of case law, the government is the first authority to appeal to administrative complaints against administrative acts of the municipalities and their subordinate commissions. In addition, the government has a supervisory function with regard to the regional court. If this monitoring reveals any irregularities, the government must report this to the court of appeal.

Participation in legislation

The government is actively involved in the substantive legislation on the basis of the statutory ordinance it is entitled to . In addition, the government acts as a contributor to princely initiatives in the state parliament and thus intervenes in legislation. Furthermore, the head of government and the regent must countersign and thus ratify any laws passed by the state parliament . The government only has administrative tasks to do with the appraisal of bills of the state parliament, the participation in popular initiatives and referenda as well as the announcement in the state law gazette.

Remaining government functions

The remaining government functions generally include all those functions that are not covered by the other three areas of responsibility. This includes, for example, the submission of the report on official activities to the state parliament and the execution of “legally permissible orders” by the prince and state parliament. In addition, the presidential functions are to be located in this area, which can only be performed by the head of government or his deputy and include, for example, the handling of the business directly transferred by the prince.

composition

The constitution provides for a head of government, a deputy head of government, who is also a councilor, and three other councilors. A deputy is generally assigned to each member of the government, with the deputy head of government generally being assumed by the deputy head of government. In the event of their absence, the government councilors are represented by the additionally appointed deputies.

It is envisaged that the government should always have at least two members from one of the two parts of the country ( Oberland and Unterland ). Their deputies must also come from the same part of the country.

eligibility

In order to be proposed for the government by the Landtag, a candidate must be a Liechtenstein citizen , be at least 18 years of age and be a resident of Liechtenstein. These are the general requirements for the right to stand as a candidate in the Principality.

Up until 2003, an additional requirement for election to the government was that the proposed person had to be a "native of Liechtenstein". The designation as a native of Liechtenstein was problematic insofar as this term is interpreted differently in the legal literature. For example, while Ludwig Marxer emphasizes in his dissertation that this can only apply to those born in Liechtenstein, most other lawyers write of the requirement of acquiring citizenship at birth (this can be the case in the case of a birth abroad by Liechtenstein parents) .

Division of departments

The names and the division of the individual government departments change in almost every new term of office. The establishment of the individual ministries is determined by the government in the rules of procedure, which can be issued by ordinance. The Presidium department is generally subordinate to the head of government. In most cases, the latter also takes on the government's financial affairs in the finance department .

Forms of government

From 1938 (first coalition government in view of the looming Second World War ) to 1993, only the two major parties Progressive Citizens' Party (FBP) and Fatherland Union (VU) were represented in the Liechtenstein Parliament . These formed a government coalition until 1997, which led to a situation in the government system that is unique in Europe. While the majority party in the state parliament made up the majority of the members in the government, the minority party functioned as a minority partner in the government and as an opposition party in the state parliament .

This coalition government only came to an end in April 1997 with the formation of a sole government by the VU. From 1997 to 2001 it provided all members of the government. Conversely, the FBP was able to establish a sole government from 2001 to 2005, again leaving the old government partner outside. Since 2005 there has been a coalition of FBP and VU, which was initially led by FBP under Otmar Hasler , then from 2009 under the leadership of VU Prime Minister Klaus Tschütscher and has again been headed by FBP Prime Minister Adrian Hasler since 2013 .

Current composition

Composition of the government of the Principality of Liechtenstein since November 11, 2019
Office Surname Political party Ministry
Head of government Adrian Hasler FBP Ministry of Presidential Affairs and Finance
Deputy Prime Minister Daniel Risch VU Ministry of Infrastructure, Economy and Sport
Councilor Katrin Eggenberger FBP Ministry of Foreign Affairs, Justice and Culture
Councilor Dominique Hasler VU Ministry of the Interior, Education and the Environment
Government Council Mauro Pedrazzini FBP Ministry of Society

See also

literature

  • Ernst Pappermann: The Government of the Principality of Liechtenstein . Josefsdruckerei, Bigge 1967.
  • Walter Kieber: government, head of government, state administration . In: Verlag der Liechtensteinischen Akademischen Gesellschaft (ed.): Liechtenstein Politische Schriften . Volume 21. Vaduz, 1994. ISBN 3-7211-1023-4 , pp. 289–327 ( full text online at eliechtensteinensia.li of the Liechtenstein National Library )
  • 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.
  • Schulamt des Fürstentums Liechtenstein (Ed.): Fürst und Volk - Eine Liechtensteinische Staatskunde . Official teaching material publisher, Vaduz 1993.

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Individual evidence

  1. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, p. 22 ff.
  2. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, p. 24 ff.
  3. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, pp. 27-31.
  4. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, pp. 31-33.
  5. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, pp. 33-39.
  6. ↑ Even the press at the time spoke of «usurpation of governmental power, coup and constitutional breach»
  7. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, pp. 39-44.
  8. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, p. 51 u. 52.
  9. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, p. 59.
  10. ^ Constitution of the Principality of Liechtenstein, Article 87
  11. ^ Constitution of the Principality of Liechtenstein, Article 80, Paragraph 1
  12. ↑ Constitution of the Principality of Liechtenstein, Article 80, Paragraph 2
  13. ↑ Winkler: Constitutional Law in Liechtenstein . 2001, p. 98 ff .: The resignation of the government
  14. ↑ a b c Privileges of the Head of Government . In: Schulamt des Fürstentums Liechtenstein (Ed.): Fürst und Volk - Eine Liechtensteinische Staatskunde .
  15. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, pp. 89-99.
  16. ^ A b c Pappermann: The government of the Principality of Liechtenstein . 1967, pp. 64-66.
  17. ↑ a b Constitution of the Principality of Liechtenstein, Article 78 Paragraph 2
  18. ^ Constitution of the Principality of Liechtenstein, Article 78 Paragraph 4
  19. ↑ Law on General State Administrative Maintenance (LVG), Article 2, Paragraph 1
  20. ^ Constitution of the Principality of Liechtenstein, Article 93 lit. e
  21. ↑ a b Composition and term of office of the government . In: Schulamt des Fürstentums Liechtenstein (Ed.): Fürst und Volk - Eine Liechtensteinische Staatskunde .
  22. ↑ Elections today . In: Schulamt des Fürstentums Liechtenstein (Ed.): Fürst und Volk - Eine Liechtensteinische Staatskunde .
  23. ↑ Was changed with the constitutional law of March 16, 2003 amending the constitution of October 5, 1921 ( LGBl. 2003 No. 186 ).
  24. ↑ Ludwig Marxer: The organization of the highest state organs in Liechtenstein , jur. Dissertation at the University of Innsbruck , 1924
  25. ^ Pappermann: The Government of the Principality of Liechtenstein . 1967, p. 63 and 64.
  26. ↑ Our Government - A Collegial Government . In: Schulamt des Fürstentums Liechtenstein (Ed.): Fürst und Volk - Eine Liechtensteinische Staatskunde .
  27. ↑ Paragraph background ( Memento of the original from July 17, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on the government website. (accessed on September 27, 2009) @1@ 2Template: Webachiv / IABot / www.liechtenstein.li
  28. ↑ Presentation of the members of the government on regierung.li, accessed on June 27, 2017
  29. ↑ Hereditary Prince Alois agrees to recall. In: Liechtensteiner Vaterland (vaterland.li). July 2, 2019, accessed July 3, 2019 .
  30. ↑ Katrin Eggenberger becomes the new Foreign Minister of Liechtenstein. In: Neue Zürcher Zeitung (nzz.ch). November 11, 2019, accessed November 17, 2019 .