fundamental rights, which is in many cases exceeded by the Liechtenstein charter of
fundamental rights.”
There is therefore a dialogue of levels of fundamental rights, which leads to a convergence of
the protection of fundamental rights without giving up the standards reached so far.
b) the Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union only applies within the European
Union and does not have direct legal effect in the EEA.” Accordingly, the State Court has
already ruled that "the mere fact that the complaining party does have a branch in a member
state of the European Union, too, cannot suffice to cause the direct applicability of the
European Charter of Fundamental Rights also in the EEA." 58
Regardless thereof, the Charter of Fundamental Rights could also "radiate" — in the sense of a
term used time and again by the State Court? — to the State Court's practice. The practice of
the EFTA Court will also play a role in this.
c) other instruments of international law at European level
Being the national constitutional court of an EEA Member State, the Liechtenstein State
Court's orientation is not at all bound to the practice of the ECtHR. The practice of the EFTA
Court is another major source of law.
?6 Pursuant to Art. 53 ECHR, the Convention must not be interpreted to limit or inhibit human rights and
fundamental freedoms that are recognised in the laws of a Member State or in another treaty to which it is a
party. This rule provides the constitutions of Member States with room to guarantee a higher level of
protection than that of the ECHR (cf. Christoph Grabenwarter/Katharina Pabel, Europáische Menschenrechts-
konvention, p. 13 margin no. 14).
” Pursuant to Art. 6 (1) of the Treaty on European Union, the provisions of the Charter does not at all extend
the competences of the Union laid down in the Treaties. A provision with the same content is Art. 51 (2) of the
Charter of Fundamental Rights of the EU.
?* StGH 2012/157, cons. 2.
?? The State Court uses this term in connection with the effect of the guarantees of the ECHR to the
reservations made by Liechtenstein on the occasion of its accession to the ECHR (cf. StGH 2004/60,
www.gerichtsentscheide.li, cons. 6).
8? Cf. also: Bussjáger, Beschwerde, p. 867.
