Constitution of the Princely House of Liechtenstein of 26 October 1993



Contents

Constitution of the Princely House of Liechtenstein of 26 October 1993
Preamble
I. The Princely House of Liechtenstein
      Art. 1. Nature and Membership
      Art. 2. Title of members of the Princely House
      Art. 3. Citizenship
      Art. 4. Register
      Art. 5. Adoption and extra-maritial issue
      Art. 6. Coming of age
      Art. 7. Marriage
      Art. 8. Disciplinary measures against members of the Princely House
      Art. 9. The members of the Princely House with the right to vote
II. The Family Council
      Art. 10. The election of the Family Council
      Art. 11. Duties of the Family Council
III. The Reigning Prince
      Art. 12. Succession to the throne
      Art. 13. Abdication and renunciation of the right to succeed to the throne
      Art. 14. Disciplinary measures against the Reigning Prince
      Art. 15. Removal from office of the Reigning Prince and declaration of the Reigning Prince's incapacity
      Art. 16. Motion of no confidence in the Reigning Prince
      Art. 17. Guardianship and regency
IV. Final Provisions
      Art. 18. The status of this Constitution and future amendments

Comments (by DTH)
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Constitution of the Princely House of Liechtenstein of 26 October 1993

Preamble

For several centuries the Liechtenstein family has been governed by statutes. In parts the old provisions no longer met modern requirements. The family therefore decided on 26 October 1993 to repeal the previous statute and to adopt a new one in keeping with its traditions. These centuries-old family traditions include the Catholic faith, which shall also serve as a guiding principle in future decisions, whilst respecting the freedom of belief and conscience of the individual. We beseech God and the Mother of God to protect our family and our country in the future as they have done in the past.


I. The Princely House of Liechtenstein

Art. 1. Nature and Membership

      1) The Princely House of Liechtenstein is an autonomous family community established and organised at the level of the Constitution of the Principality, on the basis of the provisions of the dynastic statute hitherto in force. Its membership shall comprise members by birth or members by marriage.

      2) The Reigning Prince and all descendants in the male line of Prince Johann I of Liechtenstein (1760-1836), being issue of a recognized marriage, are members by birth. A princess whose membership is by birth does not lose such membership on her marriage. Nonetheless children born of such a marriage do not acquire membership by birth.

      3) The consort of the Reigning Prince and the wives of princes are members by marriage, provided the marriage is recognized in accordance with this dynastic statute. Membership acquired through marriage is retained during widowhood. It comes to an end where such widow remarries, unless the Reigning Prince provides otherwise on her request. The same applies on the dissolution of the marriage bond, from the date on which the relevant decision takes effect.

      4) In addition, membership of the Princely House of Liechtenstein is based on free will. Where membership is by birth, free will is presumed unless and until membership is renounced after attainment of full age (Article 6) by express, written declaration notified to the Reigning Prince and the Family Council. Such declaration is irrevocable and is valid only for the person making it.

Art. 2. Title of members of the Princely House

      1) The Reigning Prince shall bear the title:

Reigning Prince of Liechtenstein, Duke of Troppau and Jägerndorf, Count Rietberg, Sovereign of the House of Liechtenstein.

      2) The consort of the Reigning Prince shall bear the title:

Princess of Liechtenstein, Duchess of Troppau and Jägerndorf, Countess Rietberg. She shall retain this title during her widowhood.

      3) The eldest son of the Reigning Prince but if he shall predecease the Reigning Prince leaving male issue capable of succeeding to the throne, then his eldest son - shall bear the title:

Hereditary Prince of Liechtenstein, Count Rietberg.

      4) All other members of the House shall bear the title:

Prince of Liechtenstein, Count Rietberg;
Princess of Liechtenstein, Countess Rietberg.

      5) Members of the House shall be entitled to be addressed as "Serene Highness" and to bear the family coat of arms, as described and reproduced in the Law relating to coats of arms of 30 June 1982 (LGBl 1982 Number 58).

Art. 3. Citizenship

      1) All members of the House are Liechtenstein citizens, in accordance with the provisions of the Law of 1 September 1919 (LGBl 1919 Number 10).

      2) The Reigning Prince and the next descendant in the male line entitled to succeed to the throne may not acquire foreign citizenship. In addition, any member succeeding to the throne must renounce any foreign citizenship acquired previously.

      3) In all other cases, Liechtenstein citizenship may be renounced with or without the acquisition of foreign citizenship only if there are substantial reasons for doing so. Before such a decision is put into effect, each member of the family must seek the agreement of the Reigning Prince, indicating the reasons for such a step. If, subsequently, there is a significant change in the relevant circumstances, the member of the family concerned may apply to the Reigning Prince for his Liechtenstein citizenship to be restored.

      4) Any breach of these provisions shall be the subject of disciplinary proceedings in accordance with this Constitution.

Art. 4. Register

      1) The secretariat of the Reigning Prince, under his responsibility, shall keep a register of members of the Princely House. The Family Council is authorized and under a duty to check that the register is kept properly.

      2) In particular, the principles of Liechtenstein law governing legal status shall apply by analogy, insofar as they appear necessary in order to put the provisions of this Constitution into effect. The keeping of the register is also intended to enable the order of succession to the throne of members of the Princely Family to be apparent at all times (Article 12 (1)).

      3) In order for the register to be kept properly, all members of the Princely House are under an obligation to inform the secretariat of the Reigning Prince, without delay, of all events which could entail an entry in the register of legal status kept by the secretariat of the Reigning Prince, and to forward all relevant documentation at the same time.

      4) Insofar as the keeping of the register requires the drawing up of documents, these shall be drawn up by the secretariat of the Reigning Prince and signed by him.

      5) The register shall be open to the family. All other persons may receive information relating to it only if they are able to show a legal interest therein and the Reigning Prince gives his consent.

Art. 5. Adoption and extra-marital issue

      1) Adoption can in no case give rise to membership of the Princely House. Only in the case where the male line of the Princely House is to die out may the last Reigning Prince adopt an Hereditary Prince.

      2) Where a member of the Princely House nonetheless wishes to adopt a person outside the family, he must inform the Reigning Prince thereof. The Reigning Prince may confer another name or coat of arms and title on the person adopted, without that person having any legal right thereto. Adoption within the family shall not change the order of succession to the throne.

      3) If a member of the Princely House is adopted by a person outside the family, the member and where the member is under age the guardian must seek the approval of the Reigning Prince and state the reasons. The Reigning Prince shall decide whether or not the member of the family is to remain part of the Princely House.

      4) In the case of issue born to a princess out of wedlock, the Reigning Prince shall decide on their name and, where appropriate, their title and coat of arms. Where a child born out of wedlock to a prince is rendered legitimate by a subsequent marriage, the Reigning Prince shall decide whether or not such legitimized child belongs to the Princely House.

Art. 6. Coming of age

      1) In the absence of any provision to the contrary, the coming of age of members of the Princely House is governed by Liechtenstein law. In matters relating to the Princely House male members are of full age on completion of their eighteenth year.

      2) The Reigning Prince may, where there are important reasons for doing so, for example in the case of succession to the throne, regency or substitution, declare individual members of the Princely House to be of full age even before they attain the age of majority laid down by the law. Where the Reigning Prince is himself under age or lacking the capacity to act, this right shall pass to the Family Council.

Art. 7. Marriage

      1) Where a member of the Princely House has the intention to marry, he must inform the Reigning Prince thereof and deposit with the secretariat of the Reigning Prince all documents required under Liechtenstein law, together with a written and unconditional declaration by the other party to the intended marriage that that party recognizes the binding nature of all aspects of this Constitution, for that party and all issue arising from the intended marriage. The secretariat shall examine the documents. If they are complete and the Reigning Prince considers that all conditions for approval of the intended marriage are met, he shall declare that he consents thereto. The Reigning Prince shall then notify all members of the Princely House who are of full age thereof, at their last-known address.

      2) Within one month of notification of the Reigning Prince's consent, any member of the Princely House who is of full age may object to the intended marriage in writing. Such objection shall be admissible only insofar as it is based on the lack of capacity to enter into marriage on the part of one of the parties to the intended marriage, on the existence of any impediment to the marriage or on the ground that the marriage would be detrimental to the reputation, esteem or welfare of the Princely House or of the Principality of Liechtenstein. The Reigning Prince shall give a ruling on the objection, after hearing the parties to the intended marriage. The rights of appeal laid down in Article 11 shall apply in respect of the Reigning Prince's decision, except that the period in which an appeal must be lodged shall be reduced to two weeks.

      3) Without prejudice to the procedure laid down in paragraph 2, the Reigning Prince shall inform the Family Council immediately of the lodging of any objection.

      4) If no objection is lodged in respect of the Reigning Prince's declaration of consent (para.1) or if the objections lodged are unsuccessful (para. 2), the intended marriage shall be recognized for the purposes of this Constitution. The corresponding public announcement in Liechtenstein shall be made by the secretariat. Recognition for the purposes of this Constitution shall cease if the wedding does not take place within one year from the date on which all essential conditions for the recognition of the marriage were met.

      5) The wedding shall take place in public in the presence of the Reigning Prince, who may send a representative in his place, and of two witnesses of full age. As part of their agreement to marry, the parties to the marriage shall, in particular, make express vows to live together in an indissoluble union, to beget and raise children and to give each other mutual support. In addition, the laws of the place where the wedding is celebrated must be complied with, insofar as they are not contrary to the Liechtenstein principles of public order.

      6) The procedure laid down in the preceding paras. 1 to 5 shall also apply by analogy in the case where the Reigning Prince intends to enter into marriage, with the proviso that all rights and duties to be exercised by the Reigning Prince in respect of the procedure shall be exercised by the Family Council.

Art. 8. Disciplinary measures against members of the Princely House

      1) If the conduct of a member of the Princely House has an adverse effect on the reputation, esteem or welfare of the Princely House or of the Principality of Liechtenstein, the Reigning Prince shall be authorized and under a duty to take disciplinary measures.

      2) In disciplinary proceedings instituted by the Reigning Prince, the member of the family concerned shall first be given the opportunity to give his views, in writing, of the charges against him. Then, where necessary, the facts shall be established and, in this regard, the Reigning Prince may seek the official assistance of the Government and of the Court. Finally, the member of the family concerned shall also be heard by the Reigning Prince in person.

      3) The Reigning Prince may take the following disciplinary measures against the member of the family concerned, by written decision setting out the reasons on which it is based:

  1. censure;

  2. loss of the right to vote and the right to stand for election for a specified period;

  3. loss of his title for a specified period. In such a case, the Reigning Prince may, after hearing the person concerned, confer a title on him, notwithstanding that there is no legal right to such. Loss of title encompasses loss of the right to vote and to stand for election;

  4. loss of his name and title for a specified period. In such a case, the Reigning Prince shall, after hearing the person concerned, decide on his name. In addition the provisions of point (c) apply.

      4) The disciplinary measures laid down in para. 3 points (b), (c) and (d) may be imposed for a maximum period of twenty years.

      5) The rights of appeal laid down in Article 11 shall be available to the member of the family concerned in respect of the decision to take disciplinary measures and they shall also be available to the Reigning Prince where his decision is modified by the Family Council. Without prejudice to the fact that an appeal has a suspensory effect, the member of the family concerned is barred from taking part in the decision-making process of the body hearing the appeal.

      6) Once it has become final the decision to take disciplinary measures shall be notified to all members of the family.

      7) Even after the decision to take disciplinary measures has become legally binding, the person concerned remains a member of the Princely House, subject to the limitations imposed in the disciplinary decision. The duration of the conditions imposed shall be calculated from the date on which the decision becomes legally binding. The period shall come to an end at the close of the final day of the term of the disciplinary measure, without the need for any further decision on the part of the Reigning Prince. The member of the family subject to the disciplinary measures shall then automatically regain all his previous rights.

      8) If a member of the family on whom the disciplinary measure laid down in para. 3 point (d) has been imposed, enters into marriage during the period when that measure is in force, para. 7 shall also apply to his wife and to any issue of the marriage, insofar as the marriage has been recognised for the purposes of this Constitution and in accordance with Article 7 thereof.

      9) Early termination of a disciplinary measure is possible only by means of a pardon. The Reigning Prince shall exercise the right to grant a pardon. Before making his decision, the Reigning Prince shall obtain the agreement of the authority responsible for the final decision in the disciplinary proceedings in question. There is no right to a pardon.

      10) A disciplinary measure may be extended only as a result of further disciplinary proceedings.

Art. 9. The members of the Princely House with the right to vote

      1) In matters covered by this Constitution, all male members of the family who are of full age within the meaning thereof (Article 6), who have full legal capacity and who are entitled to succeed to the throne, have the right to vote. Abdication and renunciation of the right to succeed to the throne (Article 13), and renunciation of the exercise of powers and duties (Articles 15 and 17), have no effect on the right to vote.

      2) Members of the Princely House with the right to vote shall also have the right to stand for election.

      3) The following persons do not have the right to vote:

  1. members of the family who waive the exercise of certain rights or restrict their freedom of action by taking an oath or assuming specific obligations;

  2. members of the family who are under the influence of a regime capable of removing or restricting the individual's freedom to take decisions; and

  3. members of the family who have been disenfranchised pursuant to Article 8 para. 3 points (b), (c) and (d).

      4) In cases of doubt, the Reigning Prince shall decide on the right to vote of individual members of the family. The Reigning Prince shall immediately notify the concerned family member of his decision, in writing, and of the reasons on which it is based. The rights of appeal laid down in Article 11 shall be available to the concerned family member in respect of the Reigning Prince's decision and they shall be available to the Reigning Prince where his decision is modified by the Family Council. Nevertheless any such appeal shall not have suspensory effect. If, as a result of such appeal, the right to vote of the member of the family concerned is recognized, any decisions taken in the meantime without the participation of that member of the family cannot be challenged on the basis that the member of the family concerned would have had the right to vote.

      5) All members of the Princely House with a right to vote, in their totality, constitute the final decision-making and appeal body within the family. The chair shall be taken by the Reigning Prince. He shall also be responsible for implementing the decisions taken by vote. Voting shall be secret and by ballot paper, and shall normally take place on the basis of a statement of the facts submitted to those entitled to vote, together with a list of questions, by means of a written procedure (circular voting). If a ballot paper is not returned within two months, this shall be treated as an abstention by the voter concerned. A proposal shall be accepted only if more than half of those entitled to vote state their agreement. Where the vote relates to the modification of a decision of the Reigning Prince on appeal, to a measure against the Reigning Prince or to the amendment of this Constitution, two-thirds of those entitled to vote must agree to the proposal for it to be accepted. A proposal shall be regarded as rejected if the necessary number of votes in favour is not achieved.

      6) Where a vote directly relates to the person of a member of the family or his personal rights, that member of the family shall be prohibited from exercising his right to vote. This shall also apply to the Reigning Prince, without prejudice to his position as chairman.

      7) The Reigning Prince can be required to conduct disciplinary proceedings against a member of the family within the meaning of Article 8, by a vote of at least ten per-cent of members of the Princely House with the right to vote. Such a demand shall be lodged with the Reigning Prince, in writing, together with a statement of reasons and the necessary number of signatures. If the Reigning Prince, without due justification, fails to institute any proceedings at all under Article 8 within six months or institutes proceedings and fails to come to an initial decision within one year, the persons who submitted the proposal may appeal to the Family Council, to whom the Reigning Prince's power of decision shall pass. The same rules shall apply by analogy to measures against the Reigning Prince under Articles 14 and 15 with the proviso that in the case of delay the members of the Princely House with the right to vote, in their totality, shall replace the Family Council.

      8) So far as possible, the Reigning Prince shall convene a family gathering at least every five years, to which all members of the Princely House with the right to vote shall be invited. The purpose of these family gatherings is to renew and strengthen common bonds, to discuss matters of common interest, to conduct elections and ballots insofar as the circular voting provided for in para. 5 appears to be impracticable. In the case of ballots taken on the occasion of a family gathering, the provisions relating to circular voting apply by analogy with the proviso that the documentation for the ballot, insofar as it is necessary, has been sent out two months before the family gathering.


II. The Family Council

Art. 10. The election of the Family Council

      1) The Family Council shall be elected for a term of five years and shall consist of three members and three substitute members.

      2) The election shall be written and secret, conducted in such a way that all members of the Princely House entitled to vote and entitled to be elected are set out in a list from which they shall each choose six persons; any election not complying with this shall be invalid. The three members of the family with the most votes shall be elected. The three members with the next highest number of votes shall be the substitute members. In the case of equality of votes, the decision shall be taken by lot. The Reigning Prince may not be a member of the Family Council. In addition, the provisions relating to circular voting laid down in Article 9 (5) shall apply by analogy.

      3) If the election takes place on the occasion of a family gathering (Article 9 (8)), the electoral list shall be communicated two months before the family gathering.

      4) If a member of the Family Council retires before the end of his term or is prevented from attending a meeting, he shall be replaced, in the first instance definitively, and in the second instance temporarily, by the next highest substitute member on the list.

      5) If a member or a substitute member of the Family Council validly loses his right to vote and stand in elections (Article 8 or Article 9), then he shall also lose his membership or substitute membership of the Family Council in respect of the remainder of the term for which he was elected.

      6) If the Family Council is permanently without a quorum because of impediments or for any other reason, an election shall be held to elect the necessary supplementary members for the rest of the Council's term. In such a case, paras. 2 and 3 shall apply by analogy.

Art. 11. Duties of the Family Council

      1) The highest ranking member of the Family Council according to the order of succession to the throne (Article 12 (1)) shall be chairman of the Council and direct its meetings and ballots. If he is impeded from carrying out his tasks or if he retires, his rights and duties pass to the member of the Family Council with the next highest ranking, who shall deputize for the person replaced. A substitute member may substitute the chairman only if all three members of the Family Council are impeded or retire.

      2) Each member of the family has the right to require a meeting of the Family Council to be called by the chairman, on providing reasons for such a step.

      3) In addition to the other duties assigned to the Family Council in this Constitution, it shall, in particular, constitute the appellate body hearing appeals against decisions of the Reigning Prince taken within the framework of this Constitution. Any member of the Princely House affected by a decision of the Reigning Prince, may within two months of notification of the decision, lodge a written appeal against it with the Family Council. Before taking any decision on the appeal, the Family Council is under a duty to seek the views of the Reigning Prince, who also has a period of two months within which to act. All appeals against decisions of the Reigning Prince unconnected with this Constitution are to be rejected by the Family Council as inadmissible.

      4) All admissible appeals shall have suspensory effect insofar as this Constitution does not provide to the contrary.

      5) An appeal against decisions of the Family Council can be lodged with the members of the family with the right to vote, in their totality (Article 9), within two months, by the Reigning Prince or by any member of the family affected by it. The provisions of paras. 3 and 4 shall apply by analogy to such an appeal, with the proviso that the party opposed to the appeal shall have the right to state his views.

      6) If the number of members of the Princely House with the right to vote, in their totality, falls below twelve, the Family Council, as an institution, shall be suspended. In such a case all the powers of the Family Council shall pass to the members of the Princely House with the right to vote, in their totality.


III. The Reigning Prince

Art. 12. Succession to the throne

      1) Succession to the throne pursuant to this Constitution shall be governed by the principle of primogeniture. This means that the first-born male of the eldest line is always called to succeed to the throne. The age of a dynastic line shall be calculated by reference to descent from Prince Johann I of Liechtenstein (1760-1836). The rank of male members of the Princely House shall depend on their position in the order of succession. The resulting order of rank shall be recorded in the family register (Article 4 (2)).

      2) The female members of the Princely House are not distinguished by rank but by order of precedence. In the case of female members by birth (Article 1 (2)), precedence is determined by their date of birth within the dynastic lines referred to in para. 1. In the case of female members by marriage (Article 1 (3)), precedence is determined by the rank of their husband in the order of succession to the throne.

      3) Only persons who have the right to vote and to stand for election within the meaning of this Constitution may succeed to the throne.

      4) The person succeeding to the throne as Reigning Prince in accordance with the order of succession unites in his person the functions of Head of State, Ruler of the Princely House and Chairman of the princely foundations. These three functions may not be separated, subject only to the special case laid down in Article 17 (5).

      5) As Head of State of the Principality of Liechtenstein, the Reigning Prince shall have the rights and duties more particularly described in the State's Constitution in force at the entry into force of this Constitution.

      6) As Ruler of the Princely House, the Reigning Prince shall safeguard the reputation, esteem and welfare of the Princely House in accordance with the rights and duties laid down in this Constitution. To this end, he shall have the assistance of the Family Council and of the members of the family with the right to vote, in their totality.

      7) As Chairman of the princely foundations and as the usufructary of the family's assets, the Reigning Prince shall support members of the Princely House who find themselves in financial difficulty, insofar as the income from the assets so permits.

Art. 13. Abdication and renunciation of the right to succeed to the throne

      1) Where the Reigning Prince abdicates, he must do so by express written declaration given to the Hereditary Prince or successor to the throne, to the Family Council and to the Head of Government. Abdication is irrevocable and must be published in the Official Gazette.

      2) All princes shall be entitled, on attaining their majority (Article 6), to renounce their right to succeed to the throne by express written declaration given to the Reigning Prince and to the Family Council. Such renunciation is irrevocable and applies only to the person making it. It does not affect the succession to the throne of the other members of the Princely House.

      3) Where the Reigning Prince abdicates or a prince renounces his right to succeed to the throne, the rank (Article 12 (1)) and precedence (Article 12 (2)) of his wife and any issue born after his renunciation shall be that which they would have enjoyed but for the said declaration, but only after that of the person who became Reigning Prince as a result of the said declaration, his wife and their issue.

Art. 14. Disciplinary measures against the Reigning Prince

      1) If the conduct of the Reigning Prince has an adverse effect on the reputation, esteem or welfare of the Princely House or of the Principality of Liechtenstein, the Family Council shall be authorized and under a duty to take disciplinary measures against the Reigning Prince.

      2) In disciplinary proceedings instituted against the Reigning Prince, the provisions of Article 8 shall apply by analogy, with the following provisos:

  1. the powers otherwise exercised by the Reigning Prince by law in connexion with the proceedings shall be exercised by the Family Council;

  2. the Head of Government shall be informed confidentially before the disciplinary proceedings are instituted against the Reigning Prince and shall be notified of the reasons for them and of the Reigning Prince's views thereon;

  3. the only disciplinary sanction available against the Reigning Prince is either censure or removal from the throne. In this connexion the sanction of removal from the throne shall be imposed only where a censure of the Reigning Prince in disciplinary proceedings has been without effect because the Reigning Prince has persisted in the misconduct for which he was censured, or where the type, extent, duration or consequences of the misconduct was so grave that to impose the disciplinary sanction of a censure had to be seen as manifestly inadequate from the outset;

  4. where the conclusion of the disciplinary proceedings is to have legal force, it shall be communicated to all members of the Princely House and to the Head of Government;

  5. if the conclusion of the disciplinary proceedings is the removal of the Reigning Prince from the throne, then this shall also be published in the Official Gazette.

Art. 15. Removal from office of the Reigning Prince and declaration of the Reigning Prince's incapacity

      1) If, as a result of serious physical or mental illness, the Reigning Prince becomes permanently incapable of exercising the powers and duties assigned to him by this Constitution to promote the reputation, esteem or welfare of the Princely House or of the Principality of Liechtenstein, or if the circumstances set out in Article 9 (3) (a) or (b) arise in a permanent manner, the Family Council shall, after careful clarification of the facts, call on the Reigning Prince to abdicate.

      2) If the Reigning Prince is unable or unwilling to accede to this request within an appropriate period of time or if the attempt to make contact with the Reigning Prince appears from the outset to have no prospect of success, the Family Council shall institute the procedure to relieve him of office or the procedure to have him declared incapable. The provisions of Article 14 (2) shall apply by analogy to the procedures for removal from office and the provisions of Liechtenstein law shall apply to the procedure for a declaration of incapacity, in each case subject to the following:

  1. insofar as the Reigning Prince is unable to represent himself, he shall be assisted by a temporary representative for the purpose of the proceedings, appointed by the Family Council from suitable members of the family with the right to vote, other than the next person in line to succeed to the throne and his issue;

  2. the physical or mental illness resulting in the Reigning Prince's permanent incapacity for office shall be confirmed by reports drawn up by two experts independently of each other;

  3. the procedure for a declaration of incapacity may be combined with the procedure for removal from office.

      3) Where the Reigning Prince's disability, referred to in para. 1, is only temporary but nonetheless so grave that the major interests of the Princely House or of the Principality of Liechtenstein would seem to require action to be taken, the Family Council shall call upon the Reigning Prince to remedy the situation by appointing a regent or substitute within the meaning of Article 17 (5). If the Reigning Prince is unwilling to take such a step within a reasonable period, the rights and duties with regard to remedial measures pass to the Family Council.

Art.16. Motion of no confidence in the Reigning Prince

      1) Where the Liechtenstein people have passed and notified a motion of no confidence in the Reigning Prince, which is admissible under the provisions of the Constitution, it shall be acted upon expeditiously in accordance with either Article 14 or Article 15, subject to the following:

  1. the Family Council has no right to take a decision but merely a right to make a proposal to the members of the Princely House with the right to vote, in their totality. The Family Council must exercise its right to make a proposal within two months, otherwise it shall be forfeit;

  2. the members of the Princely House with the right to vote, in their totality, shall take their decision within such a period that the total duration of the procedure conducted in accordance with this Constitution, including the notification required under para.2, does not exceed six months. If such period is exceeded the motion of no confidence shall be considered to have been rejected out of hand.

      2) The parliament as the representation of the Liechtenstein people shall be given notice without delay of the decision taken or of any other manner in which the matter has been settled, and of the reasons therefor.

Art. 17. Guardianship and regency

      1) A guardian or legal representative shall be appointed for a member of the Princely House in all cases where a guardian or legal representative is to be appointed for a Liechtenstein national. In this connexion, the provisions of Liechtenstein law shall apply by analogy, with the proviso that the decision shall be taken by the Reigning Prince in place of the court. In taking his decision, the Reigning Prince shall have regard, so far as possible, to the proposals of the next-of-kin of the member of the family for whom an appointment is made, unless there are substantial reasons for not doing so. The same applies, by analogy, where an appointment is to be made for the Reigning Prince, his consort or one of their children; but with the proviso that the decision shall be taken by the Family Council in place of the Reigning Prince.

      2) Where the Reigning Prince is lawfully deposed in accordance with Article 14 or removed from office or declared incapable in accordance with Article 15, his rights and duties shall be exercised by a regent until his successor accedes to the throne. The member of the Princely House with the right to vote who is next in line to succeed to the throne shall become regent. Whilst the Reigning Prince is a minor or some other member of the Princely House who is a minor is in line of succession before the regent, the Family Council has the right to remove the regent where there are serious grounds for doing so. In this connexion, the procedure laid down in Article 14 shall apply by analogy, with the proviso that a prior censure is not needed in order to remove the regent. If the regent becomes incapable of exercising his office through no fault of his own, he shall be relieved of office by the Family Council. After the regent has been removed or relieved of office and as long as the conditions for a regency persist, the member of the Princely House with the right to vote who is next in line to succeed to the throne shall become regent.

      3) The commencement and termination of a regency, and any change thereto, shall be notified, on entry into force, to all members of the Princely House and to the Head of Government and shall be published in the Official Gazette.

      4) The regent cannot be appointed as guardian or legal representative of a Reigning Prince who is a minor or of an Hereditary Prince who is a minor.

      5) It shall be open to the Reigning Prince to appoint the member of the Princely House with the right to vote who is next in line to succeed to the throne as regent or substitute. Such regency or substitution may relate to all three functions referred to in Article 12 or to any part thereof.


IV. Final Provisions

Art. 18 The status of this Constitution and future amendments

      1) This Constitution shall enter into force on the day of its promulgation.

      2) The Constitution of the Princely House of Liechtenstein can be neither amended nor repealed by the Constitution of the Principality of Liechtenstein. The same applies to any international treaty concluded by the Principality of Liechtenstein. If necessary, a corresponding proviso is to be included in any such treaty.

      3) A proposal to amend this Constitution may be put forward only by the Reigning Prince, the Family Council or at least ten per-cent of the members of the Princely House with the right to vote. A two-thirds majority of all members of the Princely House with the right to vote is needed for the proposal to be adopted. Where an amendment is adopted after its having been proposed by the Family Council or by the requisite number of members of the Princely House with the right to vote, the Reigning Prince may veto the change within two months. In such a case, however, the Reigning Prince must simultaneously put forward a detailed counter-proposal. If, within a further period of ten months, the Reigning Prince and the proposers of the amendment are unable to agree on a common text to be put to a ballot, the members of the family with the right to vote shall choose between the two proposals. In that connexion each member of the Princely Family with the right to vote may vote for only one of the two proposals but may reject both of them. With regard to this ballot, the proposal for which there is a two-thirds majority of those entitled to vote shall be adopted.

      4) This Constitution and any amendments thereto shall be published in the Official Gazette.

Signed Hans-Adam

signed Markus Büchel
Head of Government of the Principality


Comments

The original «Hausgesetz des Fürstlichen Hauses Liechtenstein vom 26. Oktober 1993» was published in the Liechtensteinisches Landesgesetzblatt (Liechtenstein's Legal Gazette) No. 100, published on 6 December 1993. The original can be read here (www.recht.li version).

The text of the translated Constitution of the Princely House of Liechtenstein of 26 October 1993 is provided by the Secretary to HSH The Prince of Liechtenstein by e-mail of 10 March 2000. The translation is regarded as "public domain".

The editor of this page is responsible for the coding and electronic presentation of the text only.


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This page was last updated on Tuesday 29 March 2011
(first time published at http://www.geocities.com/dagtho/lieact19931026.html on Tuesday 12 February 2002)

© 2002-2011 Dag Trygsland Hoelseth