Administrative Court (Liechtenstein)

State coat of arms of Liechtenstein

The Administrative Court (VGH) of the Principality of Liechtenstein is the second court under public law in Liechtenstein , alongside the State Court . In addition to the Supreme Court (OGH), these courts are also the highest courts in Liechtenstein.

tasks

The Liechtenstein Administrative Court has general jurisdiction in accordance with Article 102 (5) of the state constitution : " Unless otherwise provided by law, all decisions or orders of the government and the special commissions appointed in place of the collegial government [...] are subject to appeal the Administrative Court ”(also Art. 2 Para. 3 and 90 Para. 1 LVG).

For this purpose, the VGH controls the legality of individual administrative acts (e.g. notices) and also offers legal protection in the event that an administrative authority has defaulted on its duty to act in a matter.

A complaint can be made by anyone who claims that their rights have been violated by an order, decision, notification, etc. from a Liechtenstein authority or official after all preceding legal remedies have been exhausted.

Administrative jurisdiction in the broader sense is also exercised in Liechtenstein by special commissions (Art 78 Para. 3 LV) (e.g. FMA Complaints Commission ). These special commissions can be used by law to resolve complaints instead of the Liechtenstein government.

The Administrative Court also decides on complaints from parties or foreign authorities due to refusal or granting of administrative assistance (administrative assistance ) by the Liechtenstein government. Until such a decision is made, any assistance is to be temporarily postponed, subject to precautionary measures (Art 25 Para. 4 LVG).

Right of appeal

Apart from special provisions, all persons who

themselves in their rights or
legally recognized or
interests to be protected by the administrative authority
immediately as complained (injured or disadvantaged)

consider. It is irrelevant whether this party was involved in the proceedings in the first instance or not (Art 92 Para. 1 LVG).

According to the LVG, a self-governing body (e.g. municipality) is also entitled to complain under certain circumstances if the government, the head of government or another authority or official of the country violates or discriminates against its right to self-government (Art 92 para . 2, Art 136 LVG). The head of government (the representative of public law) is entitled and obliged to lodge a complaint for reasons of public interest if the decision (ruling) cannot be changed or withdrawn in any other way (official complaint within the meaning of Art 92 Para. 3 LVG).

Deadline for appeal

The deadline for filing a complaint with the Administrative Court is usually fourteen days and, apart from incorrect information on legal remedies (Art 85 LVG), cannot be extended. The complaint period begins for each party with the successful delivery of the written copy of the decision or the order of the lower instance or, if all those involved are present or have waived delivery, with the announcement (Art 91 LVG).

Process addition - prohibition of innovation

In appeal proceedings, the Administrative Court can also have the necessary amendment and inclusion of the inquiries carried out by the chairman or another designated member, or carry it out on its own initiative on the day of administration (Art 97, Paragraph 2, Art 162 Paragraph 3 LVG).

If there are no conflicting statutory provisions, the submission of new facts and evidence is to the timing of the decision entirely legal in the appeal proceedings in Liechtenstein and be considered by the VGH, unless the Trölerei ( dilatory is argued) the matter (Article 99 LVG).

decision

The judges' decisions in the form of a judgment are issued and executed " in the name of the prince and the people " (Art 95 Para. 1 LV).

The VGH has to add reasons to the decisions and judgments (Art 95 Para. 2 LV). A special description of the facts and the reasons for the decision may only be omitted if and to the extent that there is agreement on these points between the Administrative Court and the lower instance, which must be expressly mentioned in the decision (Art 101 para. 4 LVG).

Procedure - organization

The procedure before the Administrative Court is regulated in more detail in the State Administrative Care Act and in the rules of procedure of the Administrative Court. Further individual legal provisions apply on a subsidiary basis .

The administrative court holds meetings as required (Art 16 para. 4 LVG). The administrative court must be fully staffed for deliberations and resolutions (Art 17 para. 1 LVG).

Judge

Appointment - Composition - Judge - Term of Office

According to Art. 102 (1) in conjunction with Art. 96 LV, the Administrative Court consists of five judges and an equal number of substitute judges. The judges are selected by a judges selection committee (Art 96 LV) and appointed by the sovereign.

The majority of judges must have Liechtenstein citizenship and be legally qualified.

The term of office of the judges and the substitute judge of the Administrative Court is five years. The term of office is to be designed so that a different judge or substitute judge resigns each year. (Art 102 para. 5 LV). The five judges annually elect a chairman and a deputy chairman from their ranks. Re-election is permitted (Art 105 Para. 3 LV).

Dismissal - loss of office

The judges of the administrative court can against their will

only by a decision of the State Court and
only for the reasons and
among the forms prescribed by the Disciplinary Law,

be permanently relieved of their office (Art 3 Para. 3 LVG).

If a VGH judge loses active and passive voting ability

as a result of inability to act or
as a result of a final conviction for a criminal act

he also loses his office as a VGH judge. With the beginning of the investigative actions against a VGH judge because of a criminal act that results in the loss of the electoral ability, the temporary cessation of his activity occurs by law.

Auxiliary bodies

Auxiliary organs of the administrative court within the meaning of the LVG are the representatives of public law, the civil servants and employees of the government chancellery, the local chiefs, the Landweibel and other officials and provisions contained in the other regulations (Art 4 para. 1 LVG).

Only a person who has not participated as secretary in the same matter at the lower instance may be used as the recorder at the Administrative Court (Art 5 Para. 4 LVG).

Incompatibility - recusal

The judges of the administrative court cannot be judges of the lower court at the same time (Art 1 Para. 3 and Art 6 LVG).

According to Art 6 LVG, a member of the Administrative Court is excluded from performing an official act in an administrative matter in the event of any other nullity (Art 106 LV):

in matters in which they themselves are a party or in respect of which they are in the relationship of a jointly entitled, jointly obliged or subject to recourse to one of the parties;
in matters of their fiancés, their wives or such persons who are directly related to them or by marriage to them or with whom they are related up to the fourth degree on the sidelines or by marriage to the second degree; * in matters of their adopted and foster parents, their adopted or foster children, their ward or foster family members;
in matters in which you were or are still appointed as an agent, administrator or manager of a party or in a similar manner;
in matters in which they participated in the issuing of the contested ruling or decision at a subordinate municipal or state administrative authority or acted as witness or expert. According to Art 7 ff LVG there are further incompatibility regulations.

The election to the board of directors of the Liechtenstein Bar Association is incompatible with membership of the Administrative Court (§ 14 Rules of Procedure of the Liechtenstein Bar Association of April 21, 1993, LGBl. 72/1993).

Independence - Accountability

The judges of the Administrative Court are independent in the exercise of their office within the legal limits of their effectiveness and in judicial proceedings and are only subject to the constitution and the law (Art 95 LV, Art 3 Para. 1 LVG).

Influences by non-judicial organs on the jurisdiction of the VGH are only permissible insofar as the state constitution expressly provides for this (Art 95 Para. 2 LV).

The members of the Administrative Court are responsible for exercising their office in accordance with the constitution and the relevant laws (Art. 19 (1) LVG).

Representative of public law

A representative may be present before the administrative court at the discretion of the government college to represent the state or a municipality for the purpose of safeguarding public law or interests, if a state or municipal authority is involved in the proceedings, or if it involves the representation of administrative criminal matters before the administrative court under public law ( public prosecutor ) (Art 4 Para. 3 LVG).

The representative of public law receives instructions from the government; In case of doubt, he can submit all applications admissible in a procedure and in front of all instances, authorities and official bodies, orally or in writing, and justify them (Art 4 Para. 4 LVG).

Where public interests permit, he can also act as a representative for a poor party at the request of the government and in this case has to accept the legally permissible instructions from the party (Art 4 (5) LVG).

Official seat

The VGH is based in Vaduz (government building).

Customs treaty with Switzerland

If, in accordance with the Swiss federal legislation to be applied in Liechtenstein in accordance with the customs treaty, legal remedies in administrative matters go to a Swiss federal authority, the contested decision of the Liechtenstein government is to be referred to this Swiss federal authority and the appeal to the Liechtenstein administrative court is excluded.

Web links

Individual evidence

↑ Law of April 21, 1922 on general state administration (the administrative authorities and their auxiliary bodies, the procedure in administrative matters, the administrative enforcement and administrative criminal proceedings), LGBl. 24/1922.
↑ The public interest (common good) is primarily to be regarded as involved if a principle that is particularly important for the administration or questions relating to the organization of the authorities or responsibility (Art 90 Paragraph 7 LVG) come into consideration.
↑ Judges within the meaning of the law of 26 November 2003 on the appointment of judges (Judges Appointment Act, RBG) are the judges of all ordinary courts in Liechtenstein (regional court, higher court, supreme court), the administrative court and the state court (LGBl. 30/2004) .
↑ Art 96 LV: The judges selection committee is appointed by the sovereign and the state parliament. The Reigning Prince has the chairmanship and the casting vote in this body. It can appoint as many members to this body as the state parliament sends representatives. The Liechtenstein Parliament sends one member from each voter group (party) represented in the Parliament. The government sends the member of the government responsible for the judiciary. Candidates for judicial office can only be recommended to the state parliament by the committee with the consent of the sovereign. If the Landtag elects the recommended candidate, the Prince will appoint him as a judge. If the state parliament rejects the candidate recommended by the body and no agreement can be reached on a new candidate within four weeks, then the state parliament must propose an opposing candidate and call a referendum. In the event of a referendum, citizens who are entitled to vote are also entitled to nominate candidates under the conditions of an initiative (Art 64 LV). If more than two candidates are voted on, the voting takes place in two ballots in accordance with Article 113, Paragraph 2. The candidate who receives the absolute majority of the votes is appointed as judge by the Reigning Prince.
↑ Every eligible Liechtenstein citizen, provided he is not already a member of the government or a judicial authority, is obliged to accept an election as judge of the administrative court for a term of office of five years (Art. 18 para. 1 LVG).
↑ The Liechtenstein State Court also decides on disciplinary charges against the judges of the Administrative Court (Art 35 Law of November 27, 2003 on the State Court, LGBl. 32/2004).
↑ In the past, one or more legally qualified member (s) of the VGH have been and are also lawyers admitted in Liechtenstein at the same time.
↑ As a representative of public law, according to Art. 5 para. 1 let. g) Ordinance of January 27, 1987 on the Legal Service of the Government (LGBl. 5/1987) appointed the legal service of the government.
↑ Treaty of March 29, 1923 between Switzerland and Liechtenstein on the connection of the Principality of Liechtenstein to the Swiss customs territory, LGBl. 24/1923
↑ Art 7 para. 2 Introductory Act of May 13, 1924 to the Customs Treaty with Switzerland of March 29, 1923, enacted on May 13, 1924, LGBl. 11/1924.

[1] Law of April 21, 1922 on general state administration (the administrative authorities and their auxiliary bodies, the procedure in administrative matters, the administrative enforcement and administrative criminal proceedings), LGBl. 24/1922.

[2] The public interest (common good) is primarily to be regarded as involved if a principle that is particularly important for the administration or questions relating to the organization of the authorities or responsibility (Art 90 Paragraph 7 LVG) come into consideration.

[3] Judges within the meaning of the law of 26 November 2003 on the appointment of judges (Judges Appointment Act, RBG) are the judges of all ordinary courts in Liechtenstein (regional court, higher court, supreme court), the administrative court and the state court (LGBl. 30/2004) .

[4] Art 96 LV: The judges selection committee is appointed by the sovereign and the state parliament. The Reigning Prince has the chairmanship and the casting vote in this body. It can appoint as many members to this body as the state parliament sends representatives. The Liechtenstein Parliament sends one member from each voter group (party) represented in the Parliament. The government sends the member of the government responsible for the judiciary. Candidates for judicial office can only be recommended to the state parliament by the committee with the consent of the sovereign. If the Landtag elects the recommended candidate, the Prince will appoint him as a judge. If the state parliament rejects the candidate recommended by the body and no agreement can be reached on a new candidate within four weeks, then the state parliament must propose an opposing candidate and call a referendum. In the event of a referendum, citizens who are entitled to vote are also entitled to nominate candidates under the conditions of an initiative (Art 64 LV). If more than two candidates are voted on, the voting takes place in two ballots in accordance with Article 113, Paragraph 2. The candidate who receives the absolute majority of the votes is appointed as judge by the Reigning Prince.

[5] Every eligible Liechtenstein citizen, provided he is not already a member of the government or a judicial authority, is obliged to accept an election as judge of the administrative court for a term of office of five years (Art. 18 para. 1 LVG).

[6] The Liechtenstein State Court also decides on disciplinary charges against the judges of the Administrative Court (Art 35 Law of November 27, 2003 on the State Court, LGBl. 32/2004).

[7] In the past, one or more legally qualified member (s) of the VGH have been and are also lawyers admitted in Liechtenstein at the same time.

[8] As a representative of public law, according to Art. 5 para. 1 let. g) Ordinance of January 27, 1987 on the Legal Service of the Government (LGBl. 5/1987) appointed the legal service of the government.

[9] Treaty of March 29, 1923 between Switzerland and Liechtenstein on the connection of the Principality of Liechtenstein to the Swiss customs territory, LGBl. 24/1923

[10] Art 7 para. 2 Introductory Act of May 13, 1924 to the Customs Treaty with Switzerland of March 29, 1923, enacted on May 13, 1924, LGBl. 11/1924.