Constitutional principle of certainty (Liechtenstein)
The principle of certainty in Liechtenstein constitutional law stipulates that laws and ordinances in the sense of the rule of law must have a certain degree of certainty so that they meet the requirements of a constitutional state. Laws that are too vague give the administration too much room for maneuver, so that they violate the constitution. The more serious the interventions, the higher the “ requirements for certainty in the formal law. For serious burdens, the legislature must regulate the assessment basis and the amount of the (tax) burden with sufficient clarity . He can, for example, set upper limits in the law ”.
The Liechtenstein National Constitution (LV) stipulates in Article 33 Paragraph 2: " Penalties may only be threatened or imposed in accordance with the law ." Article 78 Paragraph 1 National Constitution provides: " Subject to the following provisions of this article, Provides a collegial government responsible for the sovereign and the state parliament in accordance with the provisions of this constitution and the other laws. "
Both provisions result in the rule of law in administrative action and also the principle of certainty. Art 33 para. 2 LV specifically refers to criminal law, while Art 78 para. 1 LV binds the administration. Both provisions are supplemented and reinforced by Art 7 ECHR, which in Liechtenstein de facto has constitutional status.
State Court Act
The Liechtenstein State Court also sees the principle of certainty standardized in its legal basis, the State Court Act: “ The complainant has to explain the facts in his complaint and justify the alleged violation. In the justification, the right that is supposed to be violated, the decision or ruling or the legal provision by which the complainant feels violated, as well as the timeliness of the complaint and the party status in the previous proceedings must be proven ”.
