Liechtenstein: 2G Ordinance is to become law-compliant

Liechtenstein’s government is reacting quickly to a judgment by the State Court of Justice. She wants to be prepared if the number of people infected with corona should soon skyrocket again.

View of the state parliament and the government building in Vaduz.

Gian Ehrenzeller / Keystone

Should it become necessary again in autumn or winter to take restrictive measures to contain a corona outbreak, the Liechtenstein government would like to be prepared. In an urgent procedure, the legal basis is to be created to make access to public facilities or events dependent on proof of vaccination or proof of recovery, if necessary. Parliament will return to a special session from the holidays on Wednesday and should decide to amend the health law in an urgent procedure in the same session.

Application from 444 people

With this rapid action, the government and parliament are reacting to a judgment by the State Court of Justice, which declared the 2-G rule introduced by ordinance at the end of 2021 to be unlawful and unconstitutional. The judgment of the Constitutional Court did not have any direct impact on the 2-G certification obligation because the ordinance had already been repealed at the time of the judgement. But the government has been instructed by the state court to create a legal basis in the future before issuing an ordinance. The State Court of Justice dealt with the controversial 2-G rule based on a request from 444 people to review the restrictive measure. The applicants demanded the repeal of the 2-G rule because, in their opinion, the associated restrictions violated the principle of equality, freedom of trade and commerce, freedom of assembly and the right to respect for private and family life.

The Constitutional Court did not respond to these demands, but made it clear that the legislature had had sufficient time to create a specific legal basis before the 2G Regulation was issued. According to the judgment of the State Court of Justice, relying on the Swiss Epidemics Act, which Liechtenstein is obliged to comply with under the Customs Treaty, is not sufficient. Liechtenstein must comply with the specifications of the customs treaty. But the treaty in no way prevents Liechtenstein from enacting its own legal basis. For the latest example as well as for any future regulations based on the customs treaty, the government and parliament cannot refer to the Swiss legal situation without restrictions. Due to the special pandemic situation, the State Court of Justice recognizes the encroachment on fundamental rights as proportionate and in the public interest – but that there is no explicit legal basis for it.

Any referendum

With the amendment of the health law, the government is now giving itself the right to introduce the 2G restrictions by ordinance in order to effectively combat the Covid-19 epidemic. This is also intended to avoid a regulatory gap with Switzerland or Austria if the neighboring countries require proof of vaccination or recovery. Without the possibility of implementing 2G measures, according to the government’s explanations of the bill, Liechtenstein would otherwise have to order significantly more drastic measures such as plant closures.

The government and parliament’s haste with the 2-G law has to do with the fact that they want to have enough time to be able to hold a possible referendum before the rapidly increasing number of corona cases in autumn calls for restrictions. A referendum against the government’s legal authorization to introduce the 2G certificate obligation cannot be ruled out. It is also possible, as can be concluded from statements made by parliamentarians in the media, that parliament does not want to decide on its own, but rather submits the 2-G rule to the people for a decision.

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