Legal framework

The right of free association and assembly shall be guaranteed within the limits prescribed by law. (Article 41 of the Constitution of the Principality of Liechtenstein, 15 September 2003) The Constitution does not include any explicit exceptions or limitations. The “Ordinance on the authorization of public events” covers issues pertaining to freedom of assembly. (Adopted on 23 March 1950. Hereinafter referred to as the Law)

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Legal framework

The right of free association and assembly shall be guaranteed within the limits prescribed by law. (Article 41 of the Constitution of the Principality of Liechtenstein, 15 September 2003) The Constitution does not include any explicit exceptions or limitations. The “Ordinance on the authorization of public events” covers issues pertaining to freedom of assembly. (Adopted on 23 March 1950. Hereinafter referred to as the Law)

Possible limitations/restrictions/conditions, including requirements for notification

Any public event that requires state authorities to take any particular measures (e.g., blocking streets, maintaining public order, etc.), or that requires the inspection of technical, sanitary, or building conditions or immigration control, must be approved by the Regierungskanzlei.  (Fairs do not require authorization.( Article 1 of the Law)) Applications should be sent to the Government Chancellery, which makes a decision after consulting with the relevant bodies of public administration (the police or the Office of Public Works). (During the last five years, approval to hold an assembly has always been granted (comment by the Liechtenstein Delegation)) As with other decisions made by the public authorities, decisions regarding authorization to hold a public event may be appealed to an administrative court.

Authorization shall not be granted to any individual who does not have the capacity to act or who cannot ensure the proper conduct of the event. Any individual living abroad shall be authorized to hold a public event only upon the presentation of relevant references if that event presents special needs or if the interests of citizens are affected. Anyone applying for authorization to hold a public performance must submit the planned programme thereof. With regard to games, sporting events, and movie screenings (Lichtspielvorfuehrungen), authorization may be granted for a specified period based on the submitted programme. (Article 2 of the Law)

School events (school theatre, for example) do not require authorization as long as they are approved by the competent school authority and are conducted under the supervision of teachers. For events conducted in a village, authorization is not required if they are held for religious or non-profit aims, if revenues are granted for these purposes, and if they have been approved by the competent rectory and are conducted under its supervision. The aforementioned rectory must prepare a report on the event. (Article 4 of the Law)

Place, route, and time of assemblies

Every non-church-related event is prohibited on:

- The last three days of Holy Week;

- Easter Sunday and Whitsunday;

- The national day of prayer (Landesbettag);

- All Saints’ Day and All Souls’ Day; and

- Christmas Eve (24 December) and Christmas Day (25 December). (Article 3 of the Law)

Power to ban assemblies

See “Possible limitations/restrictions/conditions”.

Requirements for organizers; their rights and duties (including liability and penalties)

Violations of the Law will be punished by the Regierungskanzlei pursuant to the Law on National Administration (Landesverwaltunsgpflege) (Article 3 of the Law)

Also see “Possible limitations/restrictions/conditions”.

Requirements for participants; their rights and duties (including liability and penalties)

Participation in a public gathering with the aim of committing the criminal offences of murder, homicide, grievous bodily harm or serious damage to property is punishable (Article 274 of the Penal Code of the Principality of Liechtenstein).

An individual may face up to two years in prison if he or she commits any of the following acts:

- Publicly inciting hatred or discrimination against a person or group of people on the basis of race, ethnicity, or religion;

- Publicly disseminating ideologies that systematically disparage or defame the members of a race or ethnic or religious group;

- Organizing, promoting, or taking part in propaganda activities for the same purpose;

- Using words, writing, images, symbols transmitted electronically, gestures, acts of violence, or any other means to publicly disparage or discriminate against a person or group of people on the basis of race, ethnicity, or religion in a manner that violates their human dignity;

- Using words, writing, images, symbols transmitted electronically, gestures, acts of violence, or any other means to publicly justify genocide or any other crime against humanity;

- Denying a person or group of people a service that is intended for public use because of their race, ethnicity, or religion;

- Participating in an association that engages in promoting or inciting racial discrimination.

State and police powers and responsibilities (including liability and penalties)

Freedom of assembly is protected under the Penal Code, (Articles 284, 285 of the Penal Code) which stipulates that anyone breaking up a lawful gathering, march, or similar rally or demonstration by force or threat of force shall face up to one year in prison. The following acts are also punishable by a fine or up to six months in prison:

- Causing considerable disruption to a lawful gathering by making the gathering place inaccessible;

- Preventing a person with the right to attend a gathering from attending it;

- Hampering a person’s access to a gathering;

- Seriously harassing a person, thus making it impossible or difficult for that person to access a gathering; or

- Removing a person called upon to lead a gathering or to maintain order.

Rights of appeal

The right of appeal is guaranteed. Any citizen shall be entitled to lodge a complaint regarding any action or procedure on the part of a public authority that is contrary to the Constitution, other laws, or official regulations and that is detrimental to his rights or interests. Such complaints shall be addressed to the authority immediately above the authority in question and may, if necessary, be pursued to the highest authority, except in cases where a legal restriction prohibits the right to recourse. If a complaint is rejected by a superior authority, that authority shall be bound to inform the complaining party of the reasons for its decision. (Article 43 of the Constitution)

The Constitutional Court is the judicial body that hears such individual complaints at the national level. (Article 15 of the Constitutional Court Act)

The Constitutional Court shall decide on complaints to the extent that the complainant claims that there has been a violation, through a final decision or order issued by a public authority in the last instance, of one of his constitutionally guaranteed rights or of one of his rights guaranteed by international conventions for which the law-making power has explicitly recognized an individual right of complaint.

For these purposes, the rights guaranteed by international conventions are those included in:

- The Convention for the Protection of Human Rights and Fundamental Freedoms, 4 November 1950;

- The International Covenant on Civil and Political Rights, 16 December 1966;

- The International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965;

- The Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979; and

- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, (Article 15(1-2) of the Constitutional Court Act) 10 December 1984.

Moreover, the Constitutional Court shall decide on complaints to the extent that the complainant claims an immediate violation, by a law, ordinance, or international treaty, of one of his constitutionally guaranteed rights or of one of his rights guaranteed by international conventions for which the law-making power has explicitly recognized an individual right of complaint, and if the legal provision in question has entered into force for the complainant without the issuance of a decision or order by a public authority. (Article 15(3) of the Constitutional Court Act)

The complaint may be lodged with the Constitutional Court within four weeks of the decision or order in the last instance. (Article 15(4) of the Constitutional Court Act)

Analysis was written with the assistance of the Permanent Mission of the Principality of Liechtenstein to the OSCE, which completed the ODIHR questionnaire. Hereinafter referred to as the Liechtenstein Delegation.

Posted in October 2006

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