IPU Logo    INTER-PARLIAMENTARY UNION
>>> VERSION FRANÇAISE  
   HOME -> PARLINE -> LIECHTENSTEIN (Landtag)
Print this pagePrint this page
PARLINE database new searchNew search
LIECHTENSTEIN
Landtag (Diet)
PARLIAMENTARY OVERSIGHT

Compare data for parliamentary chambers in the Oversight module

Chapters:

Parliament name (generic / translated) Landtag / Diet
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime parliamentary / constitutional monarchy
Notes The Principality is a constitutional, hereditary monarchy on a democratic and parliamentary basis (Article 2 of the Constitution). The power of the state is inherent in and issues from the Reigning Prince. The Reigning Prince is the Head of State and exercises his sovereign authority in conformity with the provisions of the Constitution and of the other laws (Article 7 of the Constitution). His person is sacred and inviolable.
Head of the executive Prime Minister
Notes The government is a collegial body consisting of five ministers including the Prime Minister (Article 79 of the Constitution). Each minister has an alternate who takes part in governmental meetings if the minister is unavailable. The Prime Minister chairs government meetings, deals with business directly entrusted to him by the Reigning Prince, and countersigns the laws and any decrees or ordinances issued by the Reigning Prince (Article 85 of the Constitution).
Method for appointing the executive The succession to the Throne, the coming-of-age of the Reigning Prince and of the Heir Apparent, as well as any guardianship which may be required, are determined by the laws of the Princely House (Article 3 of the Constitution). The members of the government are appointed by the Reigning Prince, on the proposal and with the agreement of Parliament. The party that holds the majority of votes nominates the Prime Minister. A substitute is appointed for each government member. When the government is appointed, care must be taken that at least two members are chosen from each of the two electoral regions.
Term of office of the executive and coincidence with the term of the legislature Members of Parliament are elected for a four-year term, which coincides with the term of office of the government.
Incompatibility of the functions of member of the executive and member of Parliament Yes A member of the government is not allowed to act also as a parliamentarian. After a parliamentarian has put down his mandate, he or she can become a member of the government. A government member may only become a parliamentarian at the next elections after having resigned from the government.
Dissolution of Parliament Yes
  • Circumstances
For important reasons from a national policy point of view (emergency law or lack of public confidence in the government), the Prince is entitled to dissolve Parliament.
  • Modalities
Should Parliament be dissolved, new elections must take place within six weeks. The newly elected representatives are then summoned to meet within 14 days. Between 1990 and 2000, Parliament has never been dissolved.
ACCOUNTABILITY
Accountability of Government to Parliament Yes The government is responsible for the execution of all laws and of all such tasks as may be lawfully entrusted to it by the Reigning Prince or by Parliament (Article 92 of the Constitution). The individual members of the government are accountable to Parliament.
Modalities of oversight
  • Oral and written questions of parliamentarians
The government's accountability to Parliament is brought into play by oral and written questions put to ministers.
  • Government reports to Parliament
The government's accountability to Parliament is brought into play by the preparation of the annual government report to Parliament on its official activities (Article 93, paragraph f of the Constitution).
Measures
  • Vote of confidence on Government programs and/or legislative proposals
Not applicable
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
A member of the government may lose the confidence of Parliament through his/her conduct of affairs (Article 80 of the Constitution).
  • Modalites
If a member of the government should lose the confidence of Parliament, the latter may request the Reigning Prince to remove the member of the government in question from office.
  • Consequences
The removal of a minister occurs without prejudice to the right to bring charges before the State Court. Between 1990 and 2000, the Prime Minister was successfully removed from office in 1993.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
A State Court is established by a special law as a court of public law to protect rights accorded by the Constitution and to act as a disciplinary court for members of the government (Article 104 of the Constitution).
  • Modalites and procedure
Not available
  • Consequences
Not available
  • Have these procedures been applied?
Not available
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes The government conducts the administration, and is responsible to the Reigning Prince and to Parliament (Article 78 of the Constitution). Parliament's right of control over the administration is mainly exercised through an audit committee, which it elects. Parliament may at any time bring defects or abuses that it has observed in the administration to the notice of the Prince by the submission of memoranda or complaints and request their redress. The results of the inquiry instituted in respect of such matters and the measures ordered in consequence are communicated to Parliament.
Means and modalities of oversight
  • Hearings in Committees
Parliament exercises oversight over the actions of the administration by holding hearings in committees.
  • Committees of inquiry and missions to Government departments
Parliament has the right to appoint investigation committees (Article 63bis of the Constitution). It is obliged to do so when at least one quarter of parliamentarians requests this.
  • Oral and written questions of parliamentarians
Parliamentarians can put oral and written questions to the government. Usually, oral questions put forward in a parliamentary session are answered at the end of this session. Written questions must be answered within a maximum of four parliamentary sessions after having been filed. There is no time set aside for questions in sittings. However, it depends on the support of parliamentarians as to whether questions can give rise to a debate. At least one fourth of representatives must agree to start a discussion about the item under consideration.
  • Role of Parliament in the appointment of senior Government officials
The Reigning Prince appoints the state officials, but new permanent official posts may be created only with the assent of Parliament (Article 11 of the Constitution).
  • Activity reports of the Government administration and of public services or establishments
There are several public-law enterprises which are required to present their statements of account annually to Parliament for approval.
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman No
  • Method for appointing the executive
Not applicable
  • Relationship to Parliament
Not applicable
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No Not applicable
Modalities of oversight
  • Examination of the budget / finance act by Parliament
Without the approval of Parliament, no direct or indirect taxes or any other public dues or general levies, under any designation whatsoever, may be imposed or collected (Article 68 of the Constitution). The fact that this approval has been given must be expressly mentioned in the tax demand notice. Taxes and dues are normally authorised for the period of one administrative year.

With regard to the administration, the government submits to Parliament for examination and approval preliminary estimates of all expenditures and revenues for the coming year, accompanied by proposals for the taxation to be levied. The government is entitled to incur expenditure of an urgent nature not provided for in the estimates. Savings realised on individual items may not be applied to cover excess expenditure on other items.
  • Reports on the budget / finance act by Committees
The budget is initially dealt with in the finance committee, which makes recommendations to Parliament concerning the budget as a whole and also concerning individual budgetary items. In principle, Parliament does not have to follow committees' recommendations, but it will usually pay increased attention to the respective issues brought up in the plenary discussion.
Fields overseen
  • Defence budget
Not applicable
  • Budget of special departments
Not applicable
  • Role of Parliament in national development plans
Not applicable
Parliament's deadline for the examination and adoption of the budget / finance act There is no legally fixed deadline.
Consequences of failure by Parliament to adopt the budget / finance act There is no special regulation concerning this matter. If the political parties represented in Parliament do not reach an agreement, it would be possible for the Prince to dissolve Parliament under reference to emergency law, and to call new elections.
Budgetary autonomy of Parliament No data Not available
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes In the first half of each administrative year, the government submits to Parliament an exact statement relating to the preceding year, showing the manner in which revenues approved and collected were applied for the purposes set forth in the estimates, with the provision, however, that if the latter have been exceeded on justifiable grounds, Parliament must give its approval, and that in the absence of such justification, the government is answerable.
Parliamentary oversight of public companies Yes The reports and statements of account of these enterprises are dealt with both by the finance committee and Parliament.
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
There is an independent, external auditing company, which informs the parliamentary auditing committee on the results of their examination, based on annual audit reports, and which also makes relevant recommendations.
  • Reports of the public auditor's office
As a rule, the external auditing company submits an annual audit report for the attention of the auditing committee, which then informs Parliament on the results of the examination by submitting the minutes of its meetings. Parliament follows up the work of the committee with the support of an internal specialised department (financial control).
  • Specialised committee
The current and future development of the budget is supervised by the finance committee, which is obliged to inform Parliament by submitting the minutes of their meetings.
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
The parliament exercises oversight over foreign policy through the foreign relations committee.
  • Powers of the Committee
The committee examines international treaties which require parliamentary approval and, in cooperation with the government, looks after the interests of the state where foreign affairs are concerned.
  • Composition of the Committee
The committee is made up of five parliamentarians with the President of Parliament as the ex-officio chair.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
The parliament exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences.
  • Plenary debates on foreign policy issues
Not applicable
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
Not applicable
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
Treaties by which national territory is ceded, national property alienated, rights of sovereignty or state prerogatives disposed of, any new burden imposed or any obligation to the detriment of the rights of the people contracted, is not valid unless they have received the assent of Parliament (Article 8 of the Constitution). Any resolution of Parliament concerning assent to a treaty must be submitted to a referendum if Parliament so decides or if not less than 1,500 citizens with the right to vote or not less than four communes submit a petition to that effect, within 30 days of the official publication of the assent resolution (Article 66bis of the Constitution).
  • Other mechanisms for participation in foreign policy by Parliament
No other means in addition to the above.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
Not applicable
  • Powers of the Committee
Not applicable
  • Composition of the Committee
Not applicable
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
Not applicable
  • Role of Parliament in sending troops abroad
Not applicable
  • Other mechanisms for participation in national defence policy by Parliament
The Principality has no armed forces of its own. It relies on Switzerland for defence.
STATE OF EMERGENCY
Circumstances A state of emergency may be declared in the case of war, of a natural disaster, internal unrest or a financial crisis. The Reigning Prince declares a state of emergency.
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament Parliament has no role to play with respect to a state of emergency. The Prince is entitled to dissolve Parliament definitively, or for a limited period of three months.
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
State Court A State Court is established by a special law as a court of public law to determine whether laws are in conformity with the Constitution and whether government regulations are in conformity with the laws (Article 104 of the Constitution). The State Court consists of a President and four other persons entitled to vote. Its members are elected by Parliament in such a manner as to ensure a majority of natives. Two of its members must be versed in law. The election of the President, who must be a native of Liechtenstein, is subject to confirmation by the Reigning Prince.
  • Means and procedures
The court has jurisdiction to determine whether laws are in conformity with the Constitution and whether government regulations are in conformity with the laws. In such cases it may declare their annulment. It acts as an administrative court as well as an electoral tribunal.
Evaluation of laws No Not applicable
Measures

Copyright 1996-2013 Inter-Parliamentary Union