State Court of Justice (Liechtenstein)

The State Court of Justice (StGH) of the Principality of Liechtenstein is the Liechtenstein Constitutional Court with its seat in Vaduz . The State Court of Justice is an independent court under public law that is independent of all other constitutional organs.

Legal basis

Law of November 27, 2003 on the State Court of Justice (StGHG), LGBl 32/2004.

composition

The State Court of Justice consists of five judges and five substitute judges (Art. 1 Para. 3 StGHG), all of whom work part-time. The term of office of the judges and the substitute judges of the State Court is five years (Art. 3 Para. 1 StGHG). Subject to his right of resignation, a judge of the State Court of Justice can only be appointed or removed from office by the State Court itself (Art. 12 (1) StGHG). The State Court of Justice gives itself rules of procedure (Art 14 StGHG). The President of the State Court of Justice and the majority of the judges must have Liechtenstein citizenship ( nationality ).

As of November 2018, the judges of the State Court of Justice are:

• Hilmar Hoch , president since 2018, previously judge since 1993 and deputy president since 2005
• Christian Ritter , deputy president since 2018, previously judge since 2015
• Peter Bussjäger , since 2009, previously since 2005 judge at the Administrative Court
• Bernhard Ehrenzeller , since 2012, previously substitute judge since 2000
• Markus Wille , since 2018, previously substitute judge since 2008

tasks

As the constitutional court of the Principality of Liechtenstein, the State Court of Justice ensures that all authorities comply with the fundamental rights guaranteed in the constitution. Main tasks:

• Protection of constitutionally guaranteed rights;
• Examination of the constitutionality of laws and international treaties as well as the constitutionality, legal and international treaty compliance of ordinances;
• Decision on conflicts of competence between courts and administrative authorities;
• Decision on election complaints;
• Decision on ministerial charges;
• Maintaining further tasks specified by law on the basis of the constitution.

Examination of international treaties

The competence of the State Court of Justice to retrospectively examine the constitutionality of international treaties or individual provisions of international treaties (Art 22 StGHG), which have already been legally binding by the Principality of Liechtenstein, is disputed in teaching, since in international law u. a. the principle of Pacta sunt servanda applies (see also the “ Schubert Practice ” of the Swiss Federal Supreme Court ).

This examination competence of the State Court of Justice is seen as very problematic , especially with regard to the integration of the Principality in the European Economic Area (EEA). According to Article 23, Paragraph 1 of the StGHG, the State Court of Justice can, if it finds that an interstate treaty or some of its provisions are incompatible with the constitution, the domestic liability. This could lead to subsequent verification of competence in terms of EEA law lead by a national court and the primacy lever out of EEA law.

Web links

• Website of the State Court of the Principality of Liechtenstein
• Andreas Kley: State Court of Justice (StGH). In: Historical Lexicon of the Principality of Liechtenstein .

Remarks

1. ↑ Traditionally, the State Court of Justice in Liechtenstein is also assigned at least one Austrian and one Swiss lawyer recognized rank.