Volltext: Synthèse [Englisch]

XVI. Congress of the Conference of European Constitutional Courts 
Cooperation of Constitutional Courts in Europe - 
Current Situation and Perspectives 
Summary of the National Report by the State Court of the Principality of Liechtenstein 
The legal system of the Principality of Liechtenstein is interconnected with European law in 
many ways: not only has Liechtenstein been a member of the European Convention on 
Human Rights and Fundamental Freedoms (ECHR) since 1982 and of the Agreement on the 
European Economic Area (EEA) since 1995, it also has to apply the Schengen and Dublin 
acquis. Accordingly, there are many cases in which the State Court has to address European 
law or Liechtenstein law originating from European law. 
A special role in the State Court's practice on fundamental rights is played by the ECHR, 
which has de facto constitutional status in Liechtenstein. The State Court interprets the 
Liechtenstein fundamental rights in the light of the comparable provisions of the ECHR, 
frequently referring to the practice of the ECHR explicitly. Since more extensive guarantees 
of the Liechtenstein charter of fundamental rights are not given up, the ECHR forms a 
minimum standard for the protection of fundamental rights, which is in many cases exceeded 
by the Liechtenstein charter of human rights. The result is a dialogue of fundamental rights 
levels, which in turn leads to convergence in the protection of fundamental rights without 
giving up standards that have already been reached. 
As far as the State Court has to apply European law, the State Court also considers the 
practice of the ECJ and of the EFTA Court. 
The Charter of Fundamental Rights of the European Union only applies in the European 
Union and does not have any direct legal effects in the EEA. However, it cannot be excluded 
that it will "radiate" also onto the practice of the State Court. The future practice of the EFTA 
Court will also play a role in this. 
Since the Liechtenstein legal system adopted and still adopts Austrian or Swiss law in many 
fields, it is obvious that the State Court will frequently refer to the practice of the highest 
courts in these countries. But the practice of the State Court - which often includes aspects of 
comparative law - also refers to judgments of the Austrian Constitutional Court, the Swiss 
Federal Court, or the German Federal Constitutional Court quite generally on a frequent basis. 
In summary, it can be noted that the State Court is open to the practice of the European high 
courts and to the constitutional courts of German-speaking countries without the peculiarities 
of the Liechtenstein legal system being forgotten in the process.


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