LIECHTENSTEIN Trends and Developments Contributed by: Michael Nueber and Philipp Konzett, Nueber Konzett Attorneys-at-Law
Outlook and Missed Opportunities While the proposed reform of the judicial system in Liechtenstein brings several positive changes – such as the creation of specialised senates for trust and foundation law and the introduc- tion of obligatory ongoing training requirements for judges – its main focus on restructuring the judiciary sparked significant debate. The con- tentious issue of abolishing the Supreme Court seems to have been ultimately set aside in favour of a compromise, preserving the three-tier sys- tem and ensuring that the Supreme Court’s role in developing and interpreting Liechtenstein’s unique legal framework remains intact. However, critics argue that the judicial reform fell short in other crucial areas. In the cur- rent proposal, the opportunity was missed to address several long-overdue updates to the legal system, particularly in the realm of digital transformation. For example, reforms related to the introduction of digital files, digital legal com- munication with the courts, and digital submis- sion of legal documents were not included in the current legislative overhaul. Such reforms would modernise the legal process, improve efficien- cy, and align Liechtenstein with broader global trends in digitalisation within legal systems.
In summary, while the judicial reform introduc- es important specialised senates and seems to maintain the existing three-tier system, it missed the chance to fully modernise the legal infrastructure. The compromise reached with the Liechtenstein Bar Association prevented the abolition of the Supreme Court, which could have had significant repercussions for legal cer- tainty and the country’s international attractive- ness. However, the full impact of the reform will only become clear in the coming months and years, as the proposal will have to be approved by the legislature, and it remains yet to be seen whether its effects on the judiciary are realised.
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