Liechtenstein


Author: Johannes Grabher, Johannes Dür, advocatio Attorneys at Law Grabher Dür, Vaduz, Liechtenstein
Contact: E-Mail (grabher@advocatio.eu) (duer@advocatio.eu) https://www.linkedin.com/in/johannes-grabher-6298aa10a/

Overview of legal measures as of 05.05.2020 as response to the coronavirus.

Please note: Due to the extraordinary situation, the legislation is in continuous evolution and may change very fast. The given overview of the legal measures does currently not cover all legal sectors and measures taken by the Liechtenstein government. We try to update this website accordingly.

Introduction

The Principality of Liechtenstein (Liechtenstein) is a constitutional hereditary monarchy on a democratic and parliamentary basis (art. 79 and 80 Constitution of Liechtenstein). Liechtenstein is formed of two historic regions divided into eleven municipalities with its capital Vaduz. Due to its small size and location in the heart of Europe (bordered by Switzerland and Austria) makes it special. Economically, Liechtenstein has one the highest gross domestic products per person worldwide.

The head of state of the principality is Prince Hans-Adam II, 15th Prince of the House of Liechtenstein. The government is Liechtenstein’s highest executive authority. As a collegial body consisting of the head of government and four government councillors, this government is responsible both to Parliament and to the Prince as head of state.

With the announcement of 7 April 2020, based on the Customs Treaty between Switzerland and Liechtenstein, certain swiss legal provisions are declared applicable (LGBl 2020, no. 128). With regard to the currently existing Convid-19 pandemic, the following legislation should be highlighted:

· Federal Act of 28 September 2012 on the Control of Communicable Human Diseases (Epidemics Act, EpG) [SR 818.101]; applicable, with the exception of art. 8 para. 2, art. 42, 44, 50-52, 64-69, 70, 73 and 77 para. 3

· Ordinance 2 of 13 March 2020 on measures to combat coronavirus (COVID-19) (COVID-19 Ordinance 2) [SR 818.101.24]; applicable with the exception of art 10 and in accordance with the Liechtenstein Ordinance on measures to combat coronavirus (COVID-19)

Moreover, the government of Liechtenstein adopted additional measures in the Ordinance of 13 March 2020 on measures to combat coronavirus (COVID-19) [LGBl 2020, no 94.], which are limited to 6 months from their entry into force in accordance with article 9 para. 2 thereof. In the event that anything to the contrary is regulated, this is stated separately in the relevant provision.

Additionally, the government of Liechtenstein has and will react to the existent situation by issuing further relevant ordinances on the amendment of the above mentioned Ordinance.

Please note that English is not an official language in Liechtenstein and therefore any translation of Liechtenstein law to English language has neither legal effect nor legal force.



1. INTERVENTIONS AND RESTRICTIONS

1.1 Legal basis

In order to cope with the pandemic the government based on its legal competences orders measures towards the population, organisations and institutions to reduce the risk of transmission and to combat the coronavirus (COVID-19) in the form of the Ordinance of 13 March 2020 on measures to combat coronavirus (COVID-19), LGBl 2020, No. 94 [hereinafter: “Ordinance”]. The current ordinance (in German language) can be downloaded from the following link:

https://www.gesetze.li/konso/2020094000


1.2 Border

Pursuant to art. 3 (“Border crossing and control”) of the Ordinance provides the following with regard to border crossing and controls:

1) The authority responsible for border control shall refuse entry into the Liechtenstein-Swiss customs territory to any person from a risk country or region unless he or she meets one of the following conditions:

a) the person has a Liechtenstein or Swiss nationality

b) the person has a travel document and:

1. a rsidence permit, namely a Liechtenstein or Swiss residence permit, a cross-border commuter permit, a visa issued by Liechtenstein or Switzerland for the purpose of "business meetings" as specialists in the health sector or for the purpose of "official visits" of major importance; or

2. an assurance of the residence permit.

c) the person is entitled to freedom of movement and has a professional reason for entering the Liechtenstein-Swiss customs territory and possess a registration certificate.

d) the person is engaged in the commercial transport of goods and is in possession of a goods delivery note.

e) the person is merely entering the Liechtenstein-Swiss customs territory for the purpose of transit with the intention and possibility of travelling on directly to another country.

f) the person is in a situation of extreme necessity.

g) the person is of great importance as a specialist in connection with the health sector.

1a) entry with a frontier commuter permit in accordance with para. 1 subsec. b part 1 is only permitted for professional purposes.

2) the persons concerned must provide credible evidence that they fulfil one of the above-mentioned conditions. The competent Swiss authority issues instructions in this regard.

3) decisions of the competent authorities may be enforced immediately. Any appeals against these decisions have no suspensive effect.

4) the penal provisions of the aliens act apply mutatis mutandis. If the entry regulations are violated, an entry ban may also be imposed.

5) further restrictions imposed by the competent Swiss authorities on the entry of foreign nationals via the Schengen internal and external borders remain unaffected.

Furthermore, pursuant to art. 3a of the Ordinance provides for a ban on shopping tourism, which is structured as follows:

The import of goods via a terrestrial border crossing from a neighbouring country, which is a risk country, is prohibited if the goods have been acquired in the course of a journey that has served exclusively for shopping tourism.

The validity of these provisions is limited to 6 months from their entry into force in accordance with article 9 para. 2 of the Ordinance.


1.3 Visas

Art. 4a of the Ordinance provides as follows with regard to the issuing of visas:

The issuing of Schengen visas and national visas and authorisations to issue visas to persons from countries or regions at risk as listed in annex 1 shall be discontinued. Excepted from this are applications from persons who are in a situation of extreme necessity or who are of great importance as specialists in the health sector.

The validity of this provision is limited until 15 June 2020 according to art 9 para 2a of the Ordinance.


1.4 Export control

In principle, the restrictions on the cross-border movement of persons and goods shall be regulated by reference to the restrictions in force imposed by the competent Swiss authorities. (see art. 4 of the Ordinance)

1.5 Prohibition of crowds

Art 6c (“Prohibition of gatherings of people in public places”) of Ordinance provides as follows:

1) Human gatherings of more than five persons in public places, namely in public squares, on walkways and in parks, are prohibited.

2) In gatherings of up to five persons, a distance of at least two meter must be maintained between the individual persons.

3) The state police and the municipal police ensure that the regulations are observed in public spaces.

1.6 Lockdown

Pursuant to art. 5 of the Ordinance IAW the Ordinance of 17 April 2020 (on the amendment of the Ordinance, law gazette 2020, no 141 [Ordinance II] the following shall be regulated:

1) It is prohibited to hold public or private events, including sporting events and club activities.

2) Publicly accessible facilities are closed to the public, namely

a) Repealed48

(b) catering establishments;

c) bars, discos, nightclubs, erotic establishments and prostitution services, including those on private premises;49

(d) entertainment and leisure establishments, namely museums, libraries, cinemas, concert halls, theatres, casinos and gambling halls, sports centres, sports facilities, fitness centres, swimming pools, wellness centres, ski resorts, botanical and zoological gardens and zoos

(e) Repealed

(f) campsites.

3) Paragraphs 1 and 2 do not apply to the following facilities and events, provided that they have a protection scheme in accordance with Art. 5a:

a) shops and markets;

b) take-away establishments, company canteens, meal delivery services and catering services for hotel guests;

c) pharmacies, drugstores and shops for medical aids (e.g. glasses, hearing aids);

(d) post offices and postal agencies;

(e) sales outlets of telecommunications operators;

(f) banks;

(g) petrol stations;

(h) railway stations and other public transport facilities;

(i) workshops for means of transport;

(k) public administration;

(l) social facilities (e.g. contact points);

(m) family funerals;

(n) health care facilities such as hospitals, clinics and doctors' surgeries, and practices and facilities of health care professionals;

o) hotels and accommodation facilities as well as sites for caravans and mobile homes which are intended for permanent rental or for travelling persons;

(p) establishments providing personal services involving physical contact such as hairdressers, massages, tattoo parlours and cosmetics;

q) self-service facilities such as solariums, car wash facilities or flower fields;

4) The facilities and events pursuant to para. 3 must comply with the recommendations of the Government and the Office of Health regarding hygiene and social distance. The number of persons present shall be limited accordingly, and crowds of people shall be prevented.

According to the Ordinance of 22 April 2020 amending the Ordinance on measures to combat coronavirus (COVID-19); law gazette 2020 no. 145 [Ordinance III], namely art 5a states the following:

1) Presence events at all public and private educational institutions are prohibited.

2) Examinations for which a date has already been fixed before 19 March 2020 may be held on the fixed date or - if this date has to be postponed - on the new date, subject to compliance with the recommendations of the government and the office of health regarding hygiene and social distance.

3) Out-of-home childcare facilities and playgroups are closed, with the exception of day family organizations.

4) Particularly vulnerable persons may not be involved in the care of children.

The validity of this provision is limited until 10 May 2020 according to art 9 para. 3 of the Ordinance II.

1.7 Open Businesses, Industries and allowed Gatherings

Pursuant to art. 5 para. 3 of the Ordinance the following shall be regulated:

Para. 1 and 2 do not apply to the following facilities and events, provided they have a protection concept in accordance with Art. 5a (note: the current art. 5a becomes art. 5b according to art 5 of the Ordinance II)

a) shops and markets;

m) family funerals;

p) establishments providing personal services involving physical contact such as hairdressers, massages, tattoo studios and cosmetics;

(q) self-service facilities such as solariums, car washes or flower fields

The validity of these provisions is limited until 10 May 2020 according to art 9 para 3 of the Ordinance II.

1.8 Shareholder's meetings and other meetings of companies

Pursuant to art 11 of the Act of 8 April 2020 on administrative and judicial support measures relating to coronavirus (COVID-19) (COVID-19-VJBG); LGBl 2020 no 136, the following shall be regulated:

1) No Meetings of the supreme body of legal entities and trust enterprises may be held without the physical presence of the participants and resolutions may be passed by way of circulation irrespective of the number of members, if:

a) the expressly formulated resolutions are communicated to the members in writing; and

(b) the minimum number of voters required to take part in the vote on a decision.

2) Meetings of the supreme body of legal entities and trust enterprises may also be held without the physical presence of the participants and resolutions may be passed by video or telephone conference, irrespective of the number of members, if the exact modalities for participation and voting are announced in the convocation. The provisions of the law on persons and companies apply accordingly.

3) Para. 1 and 2 shall apply mutatis mutandis to meetings of other bodies of legal entities and trust enterprises which are not covered by para. 1 and 2, as well as of partners in partnerships.

4) If the procedure described in para. 1 to 3 proves to be impracticable, in particular due to the circle of participants concerned (shareholders in the case of public companies), the organiser may, irrespective of the expected number of participants and without observing the notice period, order that the participants may not physically attend the meeting and may only exercise their rights:

(a) in writing or in electronic form; or

(b) by an independent voting proxy appointed by the organiser.

5) The possibility of holding the meeting or adopting the resolution provided for in para. 1 to 4 above may be exercised even if, at the time of the entry into force of this act, the meeting has already been called, provided that the participants are informed by means of an addendum to the notice of meeting no later than four days before the date of the meeting that the meeting or the adoption of the resolution will take place in the manner described in para. 1 to 4 above.

6) Meetings may be held in the manner described in para 1 to 4 even if the participants were informed of this in the notice of meeting but the meeting was not scheduled to take place until after this act ceased to have effect.

The validity of these provision is limited to 6 months from their entry into force in accordance with article 9 para. 2 of the Ordinance.


1.9 Supply of essential medical goods

The relevant provisions are based on the Swiss legal situation, but due to the special situation of Liechtenstein, not all provisions have been adopted by analogy.


1.10 Health care

Art 7a of the Ordinance provides as follows:

1) repealed

2) The State shall ensure that hospitals and clinics in the inpatient sector have sufficient capacity (namely beds and specialist staff) for COVID-19 patients and for other medically urgent examinations and treatments, especially in the intensive care and general internal medicine departments.

3) Hospitals and clinics are obliged to do this:

a) make their capacities available in the inpatient sector or keep them available on call; and

b) to restrict or discontinue, as necessary, investigations and treatment not urgently indicated by medical advice.

4) Hospitals and clinics must ensure that the supply of drugs for COVID-19 patients, both in the outpatient and inpatient sectors, as well as for other medically indicated urgent examinations and treatments, is guaranteed.

5) In hospital departments, which are experiencing a massive increase in work as a result of COVID-19 diseases, the provisions of the Labour Code concerning working hours and rest periods are suspended for as long as the extraordinary situation requires. Temporary or financial compensation must, however, continue to be granted. Employers remain responsible for the protection of the health of their employees and must in particular ensure that they are granted adequate rest periods.

1.11 Persons with a higher risk

Especially, according to art 7b of the Ordinance IAW the Ordinance II the following shall be regulated:

1) Particularly vulnerable people should stay at home and avoid crowds. When they leave home, they take special precautions to comply with the recommendations of the Government and the Office of Public Health regarding hygiene and social distance.

2) The following are considered particularly vulnerable persons:

a) persons over 65 years of age; and

b) persons suffering from one of the following diseases in particular:

1. high blood pressure;

2. diabetes;

3. cardiovascular diseases;

4. chronic respiratory diseases;

5. diseases and therapies that weaken the immune system

6. cancer.

3) The categories according to para. 2 are specified in Annex 5 on the basis of medical criteria. This list is not exhaustive. We reserve the right to make a clinical assessment of the hazard in individual cases

The validity of this provision is limited until 10 May 2020 according to art 9 para 3 of the Ordinance II.

1.12 Sanctions

Pursuant to Art 7d of the Ordinance the following shall be regulated.

1) Unless a more serious criminal offence under the Criminal Code is committed, anyone who deliberately opposes measures in accordance with Article 5 shall be punished by the Regional Court with a prison sentence of up to three years or a fine of up to 360 daily rates.

2) Anyone who violates the prohibition of gatherings of people in public places under Art. 6c shall be punished by the government for the offence with a fine of up to 1,000 Swiss francs.

2a) The government shall impose a fine of up to 10,000 francs for transgressions and up to 5,000 francs for negligent acts:

a) violates the ban on shopping tourism under Art. 3a;

abis) infringes restrictions on the cross-border movement of persons and goods in accordance with Art. 4

b) exports protective equipment or important medical goods without the authorisation required under Art. 4b para. 1

3) In proceedings under the Administrative Fines Act, an administrative fine of CHF 100 may be imposed:

a) Violation of the ban on shopping tourism under Art. 3a;

abis) violations of restrictions on the cross-border movement of persons and goods in accordance with Art. 4;

b) Violations of the ban on crowds in public places in accordance with Art. 6c.

4) The Federal Customs Administration is authorised, within the scope of its control competences, to impose administrative fines for violations of Art. 3a and 4; the Administrative Fines Act applies accordingly. If the fine is not paid immediately, the National Police shall be called in.

2. SUPPORT OF BUSINESSES

2.1 Legal basis

In order to cope with the pandemic, the government, based on its powers, has adopted the following regulations to support the economy and ease the burden on businesses:

· Act of 20 March 2020 concerning the temporary granting of a default guarantee for the granting of liquidity-securing loans to Liechtenstein companies by the Liechtensteinische Landesbank (Default Guarantee Act), law gazette 2020, no. 100: https://www.gesetze.li/chrono/2020100000

· Ordinance of 31 March 2020 on the temporary waiver of interest on late payment of VAT (Mehrwertsteuer), law gazette 2020 no 118: https://www.gesetze.li/chrono/2020118000

Ordinance of 17 March 2020 on the payment of short-time working compensation to compensate for the economic consequences of coronavirus (COVID-19), law gazette 2020 no. 96: https://www.gesetze.li/chrono/pdf/2020096000

2.2 Support measures

· In general:

On 20 March 2020, Parliament adopted a package of measures relating to the economic consequences of the coronavirus, for which it approved CHF 100 million; the municipalities will contribute CHF 20 million.

The additional economic support to compensate for the consequences of coronavirus will be based on three pillars:

a) Short-time work compensation, which can be claimed under the Ordinance of 17 March 2020

b) Operating grants for establishments affected by administrative closure

Companies which are entitled to compensation for short-time working due to the current situation and whose operations are affected by an official closure may apply for an operating grant.

Payments under this heading can only be made after a corresponding application for short-time working compensation has been approved.

The application form for an operating grant will be published on the AVW website in the coming days.

c) Support for individual and micro-entrepreneurs

Self-employed persons whose main occupation is as sole proprietor or manager of a micro-enterprise may be eligible for support if their domestic business is affected by closure.

This support amounts to a maximum of CHF 4,000 per month and is paid out once per company or per self-employed person. A pro rata payment is made in relation to the extent of the business activity and workload affected.

The form for applying for this support will be available on the AVW website shortly. Payments will be made as soon as possible. March will already be taken into account on a pro rata basis with CHF 1,000.

Please also note the government's website, which is constantly updated:

www.regierung.li/coronavirus

· In particular

o According to Act of 20 March 2020 on the temporary granting of a default guarantee for the granting of liquidity-securing loans to Liechtenstein companies by the Liechtensteinische Landesbank (Default Guarantee Act) the following shall be regulated.:

In order to be able to quickly bridge any liquidity problems, it is proposed as an additional measure to create a law concerning the temporary granting of a default guarantee for the granting of liquidity-securing loans to Liechtenstein companies by the Liechtensteinische Landesbank. To this purpose, a law was passed on the temporary granting of a default guarantee for the granting of liquidity-securing loans to Liechtenstein companies by the Liechtensteinische Landesbank (Default Guarantee Act) law gazette 2020 no 100).

In order to compensate for the economic consequences of the coronavirus pandemic, this law regulates the temporary granting of a default guarantee by the State for the granting of liquidity-securing loans to Liechtenstein companies by the Liechtensteinische Landesbank, and lays down the conditions for the granting of such loans (Art. 1 Abs 1 Default Guarantee Act)

The liquidity-securing loans pursuant to this law (hereinafter referred to as liquidity-securing loans) serve to fulfil the current liabilities of Liechtenstein companies and to avoid their insolvency (Art. 1 Abs 2 Default Guarantee Act).

To secure liquidity-securing loans to Liechtenstein companies, the State grants a default guarantee in favour of the Liechtensteinische Landesbank amounting to a maximum of CHF 35 000 000 (Art. 2 Abs 1 Default Guarantee Act).

Liquidity-securing loans are granted until 30 June 2020. The Government may extend the programme term by ordinance for a maximum of six further months (Art. 6 Abs 1 und 2 Default Guarantee Act).

For further details use the following link: https://www.gesetze.li/chrono/2020100000

o Ordinance of 31 March 2020 on the temporary waiver of interest on late payment of VAT, law gazette 2020 no 118

In the area of taxation, the following flanking measures have so far been taken: With regard to VAT, taxpayers have the option of applying to the tax administration for payment relief (extension of the payment period and payment by instalments) on the basis of Art. 80 of the VAT Act. The tax administration has published a form on its website which taxpayers can use to request such payment relief in a simple manner.

In addition, the Ordinance on the temporary waiver of interest on arrears in the event of late payment of value added tax was subsequently issued in line with the Swiss legislation (BuA 31/2020 S 12).

This Regulation lays down rules on the temporary waiving of interest for late payment of VAT in connection with the coronavirus pandemic (Art 1 Ordinance of 31 March 2020 on the temporary waiver of interest on late payment of VAT, law gazette 2020 no 118)

From 20 March 2020 to 31 December 2020, no default interest is due in the event of late payment of VAT (Art 2 Ordinance of 31 March 2020 on the temporary waiver of interest on late payment of VAT).

For further details use the following link: https://www.gesetze.li/chrono/2020118000

o Act of 18 December 1997 on the financing of economic development measures, law gazette 1998, no 33

o see also financial decision of 20 March 2020 on the granting of a supplementary credit for the financing of economic development measures, law gazette 2020, no 102)

As a further measure under the present support package, companies which have been closed down as a result of the coronavirus by official order are to receive a financial contribution to cushion the associated loss of income or to cover the continuing costs. A hardship clause is also provided for to support individual entrepreneurs and shareholders/managers of micro-enterprises who are not entitled to compensation for short-time working. Finally, contributions are to be made for other sectors of the economy. The above-mentioned measures are to be financed by a supplementary credit to the approved budget for economic promotion amounting to CHF 25 million. They will begin on the effective date of the planned entry into force of the attached financial decisions on 23 March 2020 and will initially be limited in time until 30 June 2020. [BuA 22/2020 S 9f]

o COVID-19- daily allowance [BuA 31/2020 S 30]

Employers whose employees are prevented from performing their work by official orders are to be compensated for continued wage payments by paying them or their employees a so-called COVID 19 daily allowance. The existing structures and processes within the framework of mandatory sickness benefit insurance are to be used. The health insurance funds approved for compulsory sickness benefit insurance process the COVID-19 daily allowance on behalf of the government and charge the government for the expenses incurred.


3. SUPPORT OF THE JOBMARKET

3.1 Legal basis

In order to cope with the pandemic, the government, based on its powers, has adopted regulations to support the labour market and ease the burden on businesses:

According to art. 94a ALVG (Employment Insurance Act), the government may issue special regulations by decree, as necessary to combat the coronavirus (COVID-19) and to mitigate its consequences. In particular with regard to:

a) art. 12 (creditable loss of working hours);

b) art. 20 (obligations of the insured and control regulations);

c) art. 24 (assertion of entitlement);

d) art. 36 (doubts regarding claims arising from the employment contract);

e) art. 38 (suspension in entitlement);

f) art. 39 (eligibility conditions);

g) art. 40 (creditable loss of work);

h) art. 41 (non-creditable loss of working hours);

i) art. 43 (maximum duration of short-time work compensation);

k) art. 44 (notification of short-time work and verification of the requirements);

l) art. 46 (assertion of the claim);

m) art. 47 (payment of short-time work compensation).

3.2 Support measures

On 17 March 2020, the Ordinance on the payment of short-time working compensation to compensate for the economic consequences of coronavirus (COVID-19) came into force. In the interests of a rapidly implementable and effective immediate measure, the new ordinance created the necessary regulations concerning the payment of short-time work compensation in connection with the coronavirus and its effects. According to the legal situation as it stood up to now, it was not possible, for example in the event of a pandemic or in the event of official measures, to authorise short-time working. [BuA 31/2020 S 11 f.]

For further details use the following link: https://corona.avw.li/massnahmen-der-liechtensteiner-regierung-zur-unterstuetzung-der-wirtschaft-waehrend-corona19.html

According to article 17 para 1 Ordinance of 9 April 2020 on temporary measures in the field of unemployment insurance relating to coronavirus (COVID-19) (COVID-19-ALVV), this regulation shall enter into force on the date of publication and shall apply until 30 September 2020, subject to para 2. articles 8 and 9 shall apply until 30 June 2020 in accordance with article 17 para 2.

4. SUPPORT OF SPECIFIC SECTORS

4.1 Support measures

Support measures, particularly in the field of sport, education and culture

Based on the financial resolution on the payment of contributions in accordance with the Act on the Financing of Economic Development Measures, support for organisations, particularly in the fields of sport, education and culture, to cushion the financial impact of the measures taken on the basis of the Corona Ordinance is regulated in a set of regulations. In particular in the areas of sport, education and culture, support should be available to organisations domiciled in Liechtenstein which have been restricted in their activities as a result of the measures ordered by the State under the Corona Ordinance and which have suffered financial losses as a direct consequence. Support is excluded, for example, if another State support measure, with the exception of short-time work compensation, has already been taken up. Contributions can, for example, be paid for proven expenses incurred in connection with an event cancelled due to the Corona Regulation. The organisation must credibly demonstrate that it has suffered a financial loss directly as a result of a government measure under the Corona Ordinance. With regard to the amount of the support, it is envisaged that each organisation will be compensated once for 50% of the proven damage, with a maximum amount being set at the same time. The examination of the applications and determination of the amount of the support is the responsibility of the responsible specialist office in the respective area. This measure is in principle also limited until 30 June 2020.

Support measures in the media sector

In Liechtenstein and around the world, the media are confronted with a very special situation. On the one hand, the media have an extremely important information and educational function in times of crisis, and this results in increased reporting costs. On the other hand, due to the standstill in public life, the main sources of income, especially in the area of advertising and ad sales, are collapsing. The government recognises the importance of the dissemination of information and the use of local media and considers the preservation of media diversity and support for the media to be particularly important during this period. It should therefore be possible to make support contributions to audio visual and printed media that report several times a week on the current situation in Liechtenstein, upon request, during the duration of the coronavirus pandemic, based on direct media promotion. As already explained in report and application No. 22/2020 in Chapter 4.4.3, the government will regulate more precisely within the framework of regulations to be enacted.


5. LEGAL PROCEEDINGS

5.1 Legal basis

In order to cope with the pandemic, the government has adopted rules on the conduct of administrative and judicial procedures on the basis of its powers:

· Act of 8 April 2020 on administrative and judicial support measures relating to coronavirus (COVID-19) (COVID-19-VJBG); law gazette 2020 no 136

Furthermore, in the course of the general changes due to the coronavirus, the princely court published the most important information on the homepage. For further details use the following link: https://www.gerichte.li/wichtige-corona-infos

5.2 Measures

· Measures according to act of 8 April 2020 on administrative and judicial support measures relating to coronavirus (COVID-19) (COVID-19-VJBG); law gazette no 136:

Pursuant to art. 5 (“hearings, negotiations and other official acts before courts and administrative authorities”) of the Ordinance provides the following:

1) During the period of validity of this Act, hearings and oral proceedings before a court or administrative authority shall be held only if

a) after careful consideration of all the circumstances, it is necessary to continue the proceedings; and

(b) the public interest in preventing and combating the spread of coronavirus (COVID-19) does not outweigh individual interests.

2) The requirements under subsection 1 shall also apply to the issuing and execution of enforcement orders and to the recording of oral submissions, personal appointments and hearings, inspection of files and other acts involving personal contact.

3) If it is absolutely necessary to hold a hearing of one of the parties or to conduct an oral hearing, it may also be conducted or conducted without the personal presence of all parties using appropriate technical means of communication.

Pursuant to art. 6 (“consultations and votes”) of the ordinance provides the following:

1) In the case of collegiate courts or administrative authorities, the President or Chairperson concerned may substitute for the discussion and adoption of a decision on a case by obtaining a declaration from Members by using appropriate technical means of communication or by circular letter. The President or Chairperson shall notify all Members in writing at least one week before the beginning of the meeting, indicating the case to be discussed.

2) The statement referred to in paragraph 1 may be made orally or in writing or by e-mail to an e-mail address designated by the President or Chairperson by a date to be determined by the latter; the statement shall be valid if it has been received by that date.

3) The draft decision shall, if possible, be sent to all members of the Tribunal or the administrative authority one week before the date determined by the President or the President in accordance with subsection 2. The latter may have written reports and applications drawn up and distributed.

Pursuant to art. 7 (“Criminal proceedings”) of the Ordinance provides the following:

1) Visiting traffic (§ 137 (1) of the Code of Criminal Procedure) in the state prison shall be limited to telephone contacts during the period of validity of this Act. Further restrictions may also be imposed on traffic with the outside world.

2) The continuation of the time limit for the provision of charitable services, determined in accordance with art 22d, para 1 of the Code of Criminal Procedure, shall be suspended during the period of validity of this Act.

According to art 12 (“Entry into force and duration”):

This Act shall enter into force on the day following its publication and shall apply until 15 June 2020.

For further Details use the following Link: https://www.gesetze.li/konso/2020136000

· Information provided by the homepage of the Princely Court

The proceedings of the court will be maintained to the extent that parties and other parties to the proceedings can exercise their rights and enforce their legal claims. The following preventive measures apply to the ordinary courts up to and including 15 June 2020:

a) In principle, only those persons whose presence is absolutely necessary for the maintenance of court operations should be in the court building.

b) Intercourse between parties:

1) Interaction between parties is limited to the elementary procedural and party rights guaranteed by procedural law. These include, in particular, the inspection of files and the submission of minutes within the time limits.

2) The communication between the parties to be carried out in this sense shall only be carried out by prior notification by telephone and, as far as possible, by telephone. This also applies in principle to the granting of inspection of files (information from the file by telephone, transmission of copies from the file [if necessary, also by e-mail], if and to the extent that the person requesting inspection of the files agrees).

3. legal advice is provided free of charge by telephone. In the courthouse (i.e. with the presence of clients), legal advice is provided exclusively by prior telephone notification and is to be limited to urgent matters.

4. the possibility of submitting written submissions at the counter remains unchanged.

5. court cases will not be served during the period of validity of these measures.

6. the counter is open Monday to Friday from 09.00 to 12.00 and 14.00-16.00 hours

c) Hearings and hearings:

Oral hearings and negotiations shall only be held if, after careful consideration of all the circumstances, the continuation of the proceedings is necessary and the public interest in preventing and combating the spread of coronavirus does not outweigh the individual interests. The same applies to the issuing and execution of enforcement orders as well as to the recording of oral submissions, personal appointments and hearings and other actions involving personal contact.

If it is absolutely necessary to hold a hearing of one of the parties or to conduct an oral hearing, it may also be conducted or conducted without the personal presence of all parties using appropriate technical means of communication.

d) Further measures for the protection of employees:

Judges and non-judicial staff shall work from home, insofar as attendance is not necessary to maintain the court business to the minimum extent absolutely necessary. Telephone availability during normal office hours and email availability are guaranteed.

Within the scope of access monitoring, obvious general symptoms such as coughing, sneezing, sniffles, cold, etc. are to be examined.