CEDH · CASELAW;JUDGMENTS;GRANDCHAMBER;ENG — 28 octobre 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sB9D5CABB { width:28.35pt; display:inline-block } .s84D0D60A { width:8.36pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .sA36B60A1 { font-family:Arial; font-style:italic } .s61ED8A2B { width:14.36pt; display:inline-block } .sBB5E682E { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sB8987CE9 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt } .s377C1984 { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt } .s3C38CC87 { margin-top:12pt; margin-left:19.85pt; margin-bottom:12pt; text-indent:-19.85pt; text-align:left } .s275CCCF2 { width:5.86pt; text-indent:0pt; display:inline-block } .s7426D32D { width:163.43pt; text-indent:0pt; display:inline-block } .sAF3AEB44 { width:227.49pt; text-indent:0pt; display:inline-block } .sD86A583 { margin-top:12pt; margin-left:19.85pt; margin-bottom:0pt; text-indent:-19.85pt; text-align:left } .s9FD47FBF { width:164.77pt; text-indent:0pt; display:inline-block } .s40E223D1 { margin-top:36pt; margin-bottom:30pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sDD435C07 { margin-top:30pt; margin-left:20.15pt; margin-bottom:12pt; text-indent:-20.15pt; page-break-inside:avoid; page-break-after:avoid } .s76CF415B { page-break-before:always; clear:both } .sE8EB5753 { margin-top:0pt; margin-bottom:6pt; text-indent:14.2pt } .s1D37B9EC { margin-top:6pt; margin-left:20.15pt; margin-bottom:6pt; text-indent:8.8pt; text-align:right; font-size:10pt } .s6241AF3A { margin-top:6pt; margin-left:20.15pt; margin-bottom:0pt; text-indent:8.65pt; font-size:10pt } .s428042C4 { margin-top:0pt; margin-left:20.15pt; margin-bottom:0pt; text-indent:8.65pt; font-size:10pt } .s7BC3B8E8 { margin-top:0pt; margin-left:20.15pt; margin-bottom:12pt; text-indent:8.65pt; font-size:10pt } .sEEE3CE35 { margin-top:12pt; margin-left:20.15pt; margin-bottom:12pt; text-indent:8.8pt; font-size:10pt } .s160BBE39 { margin-top:12pt; margin-left:20.15pt; margin-bottom:6pt; text-indent:8.8pt; font-size:10pt } .s9685E7E8 { margin-top:6pt; margin-left:20.15pt; margin-bottom:0pt; text-indent:8.65pt; text-align:right; font-size:10pt } .s3897ABE0 { margin-top:0pt; margin-left:20.15pt; margin-bottom:0pt; text-indent:8.65pt; text-align:right; font-size:10pt } .sE7B89BFC { margin-top:6pt; margin-left:20.15pt; margin-bottom:6pt; text-indent:8.65pt; text-align:right; font-size:10pt } .s32484E55 { margin-top:0pt; margin-left:20.15pt; margin-bottom:6pt; text-indent:8.65pt; font-size:10pt } .s6BBACBD8 { margin-top:6pt; margin-left:20.15pt; margin-bottom:12pt; text-indent:8.8pt; font-size:10pt } .sBD5778CC { margin-top:12pt; margin-left:20.15pt; margin-bottom:0pt; text-indent:8.65pt; text-align:right; font-size:10pt } .s6D3207 { margin-top:0pt; margin-left:20.15pt; margin-bottom:6pt; text-indent:8.65pt; text-align:right; font-size:10pt } .s451A1BF5 { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt } .s4B773175 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt } .sA88AA7F5 { margin-top:18pt; margin-left:20.15pt; margin-bottom:12pt; text-indent:-20.15pt; page-break-inside:avoid; page-break-after:avoid } .s9019FD2F { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt } .sF0B473AD { margin-top:12pt; margin-left:20.15pt; margin-bottom:24pt; text-indent:8.8pt; font-size:10pt } .s7238AA6F { margin-top:24pt; margin-left:28.35pt; margin-bottom:12pt; text-indent:-16.75pt; page-break-inside:avoid; page-break-after:avoid } .s24C63AC { margin-top:18pt; margin-left:31.75pt; margin-bottom:12pt; text-indent:-20.15pt; page-break-inside:avoid; page-break-after:avoid } .s9922FEC8 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt } .sD33C961E { margin-top:12pt; margin-left:41.7pt; margin-bottom:6pt; text-indent:-20.15pt; page-break-inside:avoid; page-break-after:avoid } .s8AD34D0 { margin-top:6pt; margin-left:20.15pt; margin-bottom:6pt; text-indent:8.8pt; font-size:10pt } .s9671CAED { margin-top:6pt; margin-bottom:6pt; text-indent:14.2pt } .s397ED72C { margin-top:6pt; margin-left:20.15pt; margin-bottom:24pt; text-indent:8.8pt; font-size:10pt } .s61BF121A { margin-top:24pt; margin-left:31.75pt; margin-bottom:12pt; text-indent:-20.15pt; page-break-inside:avoid; page-break-after:avoid } .s145CCEB3 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt } .s3CA22BA { font-family:Arial; text-transform:uppercase } .sA733CA06 { margin-top:12pt; margin-left:13.5pt; margin-bottom:0pt; text-indent:-13.5pt } .s583D00FA { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt } .s9CD1EF5F { margin-top:0pt; margin-left:13.5pt; margin-bottom:0pt; text-indent:-13.5pt } .s26FF04E7 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt } .s5D08A2D6 { margin-top:0pt; margin-left:34.6pt; margin-bottom:0pt } .s8DCCCE3B { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt } .s2452CEB3 { margin-top:12pt; margin-bottom:36pt; text-indent:14.4pt } .s69A82CF5 { margin-top:36pt; margin-bottom:12pt; text-align:left } .s53557710 { width:63.8pt; display:inline-block } .sDB06B31A { width:243pt; display:inline-block } .s45F1E324 { width:244pt; display:inline-block } .sAFF36EC2 { width:18.78pt; display:inline-block } .sA918FEC8 { margin-top:12pt; margin-bottom:12pt; text-indent:14.4pt } .sFDE7661F { margin-top:12pt; margin-bottom:0pt; text-indent:14.4pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .s6E2FCA00 { margin-top:0pt; margin-bottom:24pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sE6EBC7F5 { margin-top:24pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sCA1147F8 { margin-top:12pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt }           CASE OF WILLE v. LIECHTENSTEIN   (Application no. 28396/95)                 JUDGMENT   STRASBOURG     28 October 1999           In the case of Wille v. Liechtenstein, The European Court of Human Rights, sitting, in accordance with Article   27 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), as amended by Protocol   No.   11 [1] , and the relevant provisions of the Rules of Court 2 , as a Grand Chamber composed of the following judges:   Mrs   E. Palm , President ,   Mr   C.L. Rozakis ,   Mr   L. Ferrari Bravo ,   Mr   G. Ress ,   Mr   L. Caflisch ,   Mr   I. Cabral Barreto ,   Mr   J.-P. Costa ,   Mr   W. Fuhrmann ,   Mr   K. Jungwiert ,   Mr   B. Zupancic ,   Mrs   N. Vajic ,   Mr   J. Hedigan ,   Mrs   W. Thomassen ,   Mrs   M. Tsatsa-Nikolovska ,   Mr   T. Pantîru ,   Mr   E. Levits ,   Mr   K. Traja , and also of Mrs M . de Boer-Buquicchio, Deputy Registrar , Having deliberated in private on 2 June and 13 October 1999, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1.     The case was referred to the Court, as established under former Article   19 of the Convention 3 , by the European Commission of Human Rights (“the Commission”) and by the Liechtenstein Government (“the Government”) on 24 and 27 October 1998 respectively, within the three-month period laid down by former Articles 32 § 1 and 47 of the Convention. It originated in an application (no. 28396/95) against the Principality of Liechtenstein lodged with the Commission under former Article 25 by a Liechtenstein citizen, Mr Herbert Wille, on 25 August 1995. The Commission’s request referred to former Articles 44 and 48 and to the declaration whereby Liechtenstein recognised the compulsory jurisdiction of the Court (former Article 46); the Government’s application referred to former Article 48. The object of the request and of the application was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Articles   10 and 13 of the Convention. 2.     After the entry into force of Protocol No. 11 on 1 November 1998 and in accordance with the provisions of Article 5 § 5 thereof, the case was referred to the Grand Chamber of the Court. The Grand Chamber included ex officio Mr L. Caflisch, the judge elected in respect of Liechtenstein (Article 27 § 2 of the Convention and Rule 24 § 4 of the Rules of Court), Mrs E. Palm and Mr C.L. Rozakis, the Vice-Presidents of the Court, and Mr   J. ‑ P. Costa and Mr G. Ress, Vice-Presidents of Sections (Article 27 § 3 of the Convention and Rule 24 §§ 3 and 5 (a)). The other members appointed to complete the Grand Chamber were Mr L. Ferrari Bravo, Mr   I.   Cabral Barreto, Mr W. Fuhrmann, Mr K. Jungwiert, Mr B. Zupancic, Mrs N. Vajic, Mr J. Hedigan, Mrs W. Thomassen, Mrs M. Tsatsa-Nikolovska, Mr T. Pantîru, Mr E. Levits and Mr K. Traja (Rule 24 § 3 and Rule 100 § 4). 3.     The applicant designated the lawyers who would represent him (Rule   36). The lawyers were given leave by the President of the Grand Chamber, Mrs Palm, to use the German language (Rule 34 § 3). 4.     As President of the Grand Chamber, Mrs Palm, acting through the Deputy Registrar, consulted the Agent of the Government, the applicant’s lawyers and the Delegate of the Commission on the organisation of the written procedure. Pursuant to the order made in consequence, the Registrar received the applicant’s memorial on 25 February 1999 and the Government’s memorial on 30 March 1999. 5.     In accordance with the decision of the President of the Grand Chamber, a hearing took place in public in the Human Rights Building, Strasbourg, on 2 June 1999.   There appeared before the Court: (a)     for the Government Mr   H. Golsong , Attorney,   Co-Agent , Mr   N. Marxer , Mr   T. Stein , Mr   M. Walker ,   Counsel ; (b)     for the applicant Mr   W.E. Seeger , Rechtsanwalt , Mr   A. Kley , Rechtsanwalt ,   Counsel .   Mr Wille was also present. The Court heard addresses by Mr Seeger, Mr Kley, Mr Golsong and Mr   Stein. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     In 1992 a controversy arose between His Serene Highness Prince   Hans-Adam II of Liechtenstein (“the Prince”) and the Liechtenstein government on political competences in connection with the plebiscite on the question of Liechtenstein’s accession to the European Economic Area. At the relevant time, the applicant was a member of the Liechtenstein government. Following an argument between the Prince and members of the government at a meeting on 28 October 1992, the matter was settled on the basis of a common declaration by the Prince, the Diet ( Landtag ) and the government. 7.     Following elections and the constitution of the new Diet in May 1993, discussions on various constitutional issues took place between the Prince and the government, when the applicant no longer held a government office. The applicant had not stood for re-election in May 1993, and he was appointed President of the Liechtenstein Administrative Court ( Verwaltungsbeschwerdeinstanz ) in December 1993 for a fixed term of office (see paragraph 26 below). 8.     On 16 February 1995, in the context of a series of lectures on questions of constitutional jurisdiction and fundamental rights, the applicant gave a public lecture at the Liechtenstein-Institut, a research institute, on the “Nature and Functions of the Liechtenstein Constitutional Court” (“ Wesen und Aufgaben des Staatsgerichtshofes ”). In the course of the lecture, the applicant expressed the view that the Constitutional Court was competent to decide on the “interpretation of the Constitution in case of disagreement between the Prince (government) and the Diet” (“ Entscheidung über die Auslegung der Verfassung bei einem Auslegungsstreit zwischen Fürst (Regierung) und Landtag ”). 9.     On 17 February 1995 the newspaper Liechtensteiner Volksblatt published an article on the lecture given by the applicant, mentioning, inter alia , his views on the competences of the Constitutional Court. 10.     On 27 February 1995 the Prince addressed a letter to the applicant concerning the above lecture, as summarised in the article published in the Liechtensteiner Volksblatt . 11.     The letter, written on heraldic letter paper, read as follows: “Vaduz Castle, 27 February 1995 Dr Herbert Wille President of the Liechtenstein Administrative Court [applicant’s private address] Sir, I was astonished to read the report in the 17 February issue of the Liechtensteiner Volksblatt on your lecture on the theme of the ‘Nature and Functions of the Liechtenstein Constitutional Court’. I assume that the statements you made on the Court’s areas of responsibility have been correctly reproduced in this report, in particular the comment that the Constitutional Court can, as a court that interprets the law, be appealed to in the event of a disagreement between the Prince and the people. You will doubtless remember the discussion between the government and me in the period before 28 October 1992, at which you were present as deputy head of government. I drew the government’s attention during this exchange of views at Vaduz Castle to the fact that it was not abiding by the Constitution and read out the relevant Articles thereof. You replied that you did not agree (or words to that effect) with these parts of the Constitution in any case and that you therefore did not consider yourself bound by it. Since the other members of the government did not contradict you, I was forced to assume that the entire government was of the opinion that the two bodies that hold supreme power, the people and the Prince, must observe the Constitution and the ordinary laws but not the members of the government, who have sworn an oath of allegiance to the Constitution. I considered your statement at that time and the government’s attitude to be incredibly arrogant and therefore informed the government in no uncertain terms that it had lost my confidence. Following the compromise that was fortunately reached a little later between the government and the Diet, on the one hand, and myself, on the other, I declared that I once again had confidence in the government, doing so in the hope that individual members had realised that they had taken up an inexcusable position in relation to our Constitution and now recognised that they were bound by it. Just as I would have appointed Mr Brunhart head of government, had his party won the election, I appointed you President of the Administrative Court on the Diet’s recommendation. Unfortunately, I had to realise following the publication of the report in the Liechtensteiner Volksblatt that you still do not consider yourself bound by the Constitution and hold views that are clearly in violation of both the spirit and the letter thereof. Anyone reading the relevant Articles of the Constitution will be able to establish that the Constitutional Court has no competence to decide as a court of interpretation in the event of a disagreement between the Prince and the people (the Diet). In my eyes your attitude, Dr Wille, makes you unsuitable for public office. I do not intend to get involved in a long public or private debate with you, but I should like to inform you in good time that I shall not appoint you again to a public office should you be proposed by the Diet or any other body. I only hope that in your judgments as President of the Administrative Court you will abide by the Constitution and the ordinary laws for the rest of your term of office. Yours sincerely, Hans-Adam II                     Prince of Liechtenstein”   “Schloss Vaduz, 27. Februar 1995 Herrn Dr. Herbert Wille Präsident der Fürstlich Liecht. Verwaltungsbeschwerdeinstanz ... Sehr geehrter Herr Präsident Mit Erstaunen habe ich im Liechtensteiner Volksblatt vom 17. Februar den Bericht über Ihren Vortrag am Liechtenstein Institut zum Thema ‘Wesen und Aufgaben des Staatsgerichtshofes’ gelesen. Ich nehme an, dass Ihre Aussagen über die Zuständigkeitsbereiche des Staatsgerichtshofes in diesem Bericht korrekt wiedergegeben wurden, insbesondere jene, in der Sie feststellen, dass der Staatsgerichtshof als Interpretations-gerichtshof bei unterschiedlichen Auffassungen zwischen Fürst und Volk angerufen werden könne. Sie werden sich bestimmt noch an die Auseinandersetzung zwischen der Regierung und mir vor dem 28. Oktober 1992 erinnern, bei der Sie als stellvertretender Regierungschef anwesend waren. Ich habe damals bei der Aussprache auf Schloss Vaduz die Regierung darauf aufmerksam gemacht, dass sie sich nicht an die Verfassung hält, und die entsprechenden Artikel aus der Verfassung der Regierung vorgelesen. Sie haben dazumal sinngemäss geantwortet, dass Sie mit diesen Teilen der Verfassung sowieso nicht einverstanden seien, und sich deshalb auch nicht an die Verfassung gebunden fühlten. Nachdem die anderen Regierungsmitglieder Ihrer Aussage nicht widersprochen haben, musste ich davon ausgehen, dass die gesamte Regierung der Auffassung ist, dass sich zwar die beiden Souveräne, Volk und Fürst, an Verfassung und Gesetze zu halten haben, nicht aber die Regierungsmitglieder, welche einen Eid auf die Verfassung abgelegt haben. Ich habe Ihre damalige Aussage sowie die Haltung der Regierung als unglaubliche Arroganz empfunden, und deshalb habe ich der Regierung in sehr klaren Worten mitgeteilt, dass sie mein Vertrauen verloren hat. Beim Kompromiss, der glücklicherweise etwas später zwischen Regierung und Landtag auf der einen Seite und mir auf der anderen Seite erzielt wurde, habe ich der Regierung wieder mein Vertrauen ausgesprochen. Ich habe dies auch in der Hoffnung getan, dass die einzelnen Regierungsmitglieder ihre unentschuldbare Haltung gegenüber unserer Verfassung eingesehen haben und die Verfassung für sie wieder als bindend anerkennen. Ebenso wie ich Herrn Brunhart bei einem Sieg seiner Partei wiederum zum Regierungschef ernannt hätte, so habe ich Sie über Vorschlag des Landtages zum Präsidenten der Verwaltungs-beschwerdeinstanz ernannt. Leider muss ich aufgrund des Berichtes im Liechtensteiner Volksblatt nun feststellen, dass Sie sich nach wie vor nicht an die Verfassung gebunden fühlen und Auffassungen vertreten, die eindeutig gegen Sinn und Wortlaut der Verfassung verstossen. Jeder wird beim Lesen der einschlägigen Verfassungsartikel feststellen können, dass der Staatsgerichtshof eben nicht Interpretationsgerichtshof bei unterschiedlichen Auffassungen zwischen Fürst und Volk (Landtag) ist. In meinen Augen sind Sie, Herr Dr. Wille, aufgrund Ihrer Haltung gegenüber der Verfassung ungeeignet für ein öffentliches Amt. Ich habe nicht die Absicht, mich mit Ihnen öffentlich oder privat in eine lange Auseinandersetzung einzulassen, aber ich möchte Ihnen rechtzeitig mitteilen, dass ich Sie nicht mehr für ein öffentliches Amt ernennen werde, sollten Sie mir vom Landtag oder sonst irgendeinem Gremium vorgeschlagen werden. Es verbleibt mir die Hoffnung, dass Sie sich während des Restes Ihrer Amtszeit als Präsident der Verwaltungsbeschwerdeinstanz in Ihren Urteilen an Verfassung und Gesetze halten. Mit vorzüglicher Hochachtung Hans-Adam II.                   Fürst von Liechtenstein” 12.     By letter of 9 March 1995 the applicant informed the President of the Diet about the letter of 27 February 1995. He denied having ever made a statement to the effect that he did not consider himself bound by the Constitution or parts thereof. He further explained his research on the competences of the Constitutional Court in constitutional matters. According to him, the expression of an opinion not shared by the Prince could not be regarded as a failure to comply with the Constitution. However, taking into account the conclusions drawn by the Prince in the said letter, his office as President of the Administrative Court was called into question. The President of the Diet subsequently informed the applicant that the Diet had discussed the matter in camera and had come to the unanimous conclusion that the applicant’s office was not called into question on account of his legal opinions as stated in the context of his lecture. 13.     On 20 March 1995 the applicant replied to the letter sent by the Prince on 27 February 1995, and enclosed a copy of his letter to the President of the Diet. He explained in particular that it was his conviction as a lawyer that his statements on the occasion of the lecture of 16 February 1995, namely that the Constitutional Court was competent to decide on the interpretation of the Constitution in case of a dispute between the Prince and the people (Diet), were correct and did not infringe the Constitution. The applicant concluded that the declaration made by the Prince that he did not intend to appoint the applicant to a public office, amounted to an interference with his rights to freedom of opinion and to freedom of thought, as guaranteed under the Constitution and the European Convention on Human Rights. It further called into question the constitutional right to equal access to public office and constituted an attempt to interfere with judicial independence. 14.     In his letter in reply dated 4 April 1995, the Prince noted that Mr   Wille had distributed the letter of 27 February 1995 to a large group of persons. The Prince stated that it had been his intention to avoid a public discussion in informing Mr Wille, in a personal letter, about his decision as early as possible. He considered that a long debate between them on the question of Mr Wille’s qualification for the office of judge was inappropriate, as Mr Wille had remained in office and the Prince’s criticism had not been directed at the decisions of the Administrative Court, but at Mr   Wille’s general attitude towards the Constitution. 15.     The Prince added that it was left to his discretion whether or not to appoint a candidate for public office and that he was not obliged to give any reasons for such a decision. However, as he had known Mr Wille for many years, he had considered it appropriate to state the reasons for his decision regarding him. Moreover, the decision no longer to appoint him to the office of President of one of the highest courts, on account of his attitude in the past as well as the opinions expressed by him, did not amount to an interference with Mr Wille’s rights to freedom of expression and to freedom of thought. All citizens were free to propose and to plead for amendments to constitutional or other legal provisions. However, Mr Wille, during his term of office as a member of the government and in his lecture, had not availed himself of such constitutional and democratic means, but had simply ignored those parts of the Constitution with which he disagreed. 16.     The Prince further explained that the relevant provision, namely Article 112 of the Constitution, concerned the competence of the Constitutional Court to decide on the interpretation of the Constitution in case of a dispute between the government and the Diet. Confusing the terms “Government” and “Diet” with “Prince” or “people”, as Mr Wille had done, would undermine the rule of law. As head of State, he was obliged to safeguard the constitutional order and the democratic rights of the people. He would be failing in his duties if he were to appoint to one of the highest judicial offices a person whom, owing to his attitude and the statements he had made, he could not regard as being committed to upholding the Constitution. 17.     On 2 June 1995 the Prince sent to the applicant, President of the Administrative Court, an open letter which was published in Liechtenstein newspapers. The Prince noted that Mr Wille had made public at least part of the Prince’s letter of 27 February 1995. As this had given rise to various comments, the Prince considered it necessary to explain his point of view in an open letter. 18.     In his opinion, in a democratic State based on the rule of law ( demokratischer Rechtsstaat ), a distinction had to be drawn between freedom of expression and the means used by an individual for imposing his views in such a society. In that connection, the individual should respect the rules defined in the Constitution and other statutory provisions. The Prince further stated that it was the right of Mr Wille, in his position as a judge, to express the opinion that the monarchy was no longer opportune; that Article   7 of the Constitution should be amended; that the Prince should be subject to the jurisdiction of the Liechtenstein judiciary; and that the Liechtenstein Constitutional Court should be given supplementary competences. However, Mr Wille was not entitled to place himself above the existing Constitution or incite the Constitutional Court to lay claim to competences which were not vested in it by virtue of the Constitution. The Prince considered that Mr Wille, having regard to his education and professional experience, knew that the terms “people” (“ Volk ”), “Diet” (“ Landtag ”), “Government” (“ Regierung ”) and “Prince” (“ Fürst ”) and their respective rights and obligations were clearly defined in the Constitution. The applicant’s contention that these terms were interchangeable would jeopardise the Constitution and the constitutional State as a whole. 19.     The Prince also made reference to the political events in the autumn of 1992 and, lastly, he stated that, on the basis of the article in a Liechtenstein newspaper of 17 February 1995, he was forced to conclude that Mr Wille continued to have the intention of placing himself above the Liechtenstein Constitution. He explained that he had therefore intended to inform Mr Wille, in a personal letter and as early as possible, about his decision not to appoint him to public office in future. 20.     In spring 1997 the applicant’s term of office as President of the Administrative Court expired. On 14 April 1997 the Liechtenstein Diet decided to propose the applicant again as President of the Administrative Court. 21.     In a letter of 17 April 1997 to the President of the Diet the Prince refused to accept the proposed appointment. He explained that, considering his experiences with Mr Wille, he had become convinced that Mr Wille did not feel bound by the Liechtenstein Constitution. In these circumstances, he would be failing in his duties as head of State if he were to appoint Mr   Wille as President of the Administrative Court. The Prince further stated that Mr Wille, on account of his other professional qualifications, had made important contributions as a judge of the Administrative Court and that he (the Prince) could therefore understand the proposal made to a certain extent. If the Diet did not share his doubts regarding Mr Wille, it could elect him as associate judge of the Administrative Court. 22.     The applicant is currently employed as a researcher by the Liechtenstein-Institut. II.     RELEVANT DOMESTIC LAW 23.     The Principality of Liechtenstein is a constitutional, hereditary monarchy on a democratic and parliamentary basis; the power of the State is inherent in and emanates from the Prince and the people and shall be exercised by both of them in accordance with the provisions of the Constitution (Article 2 of the Constitution of 24 October 1921). 24.     Chapter II of the Constitution is entitled “The Prince”. In its Article   7, it stipulates that the Prince is the head of the State and exercises his sovereign authority in conformity with the provisions of the Constitution and of the other laws; and that his person is sacred and inviolable. Further competences are laid down in Articles 8 to 13. According to Article 11, the Prince appoints the State officials, in conformity with the provisions of the Constitution (see Article 79 concerning the head of the government, the government councillors and their substitutes; Article 97 concerning the president of the Administrative Court and his deputy; Article 99, in conjunction with the Court Organisation Act, concerning the first-instance judges; Article 102 § 3 concerning the members of the High Court ( Obergericht ) and the Supreme Court of Justice ( Oberster Gerichtshof )). By letter of 28 April 1997, the Prince informed the Liechtenstein government that he instructed it to proceed, within its competence, with the appointment in 1997 of State officials who, pursuant to Article 11 of the Constitution, were to be appointed by the Prince. 25.     Chapter IV of the Constitution contains the general rights and obligations of citizens of the Principality. Article 31 stipulates the equality of all citizens before the law, and also provides that the public offices are equally open to them, subject to observance of the legal regulations. 26.     According to Article 97 of the Constitution, all decisions or orders by the government are subject to appeal before the Administrative Court. The Administrative Court consists of a president trained in the law and of his deputy, who are appointed by the Prince on the proposal of the Diet, and of four appeal judges and their substitutes, who are elected by the Diet. The president and his deputy must be Liechtenstein nationals. Their term of office coincides with that of the Diet, and ends at such time as they are replaced. 27.     According to Article 104 of the Constitution, the Constitutional Court is, inter alia , competent to protect rights accorded by the Constitution. Section 23 of the Constitutional Court Act ( Staatsgerichtshofgesetz ) provides that decisions of a court or of an administrative authority may be challenged before the Constitutional Court, by alleging that there has been an infringement of constitutional rights or of rights guaranteed under the Convention for the Protection of Human Rights and Fundamental Freedoms. 28.     Pursuant to Article 105 of the Constitution, in conjunction with section 4 of the Constitutional Court Act, the judges of the Constitutional Court are elected by the Diet; the election of the president and the deputy president are subject to confirmation by the Prince. 29.     Article 112 of the Constitution reads as follows: “If doubts arise as to the interpretation of specific provisions of the Constitution and cannot be dispelled on the basis of an agreement between the Government and the Diet, the Constitutional Court is called upon to decide on the matter.” “Wenn über die Auslegung einzelner Bestimmungen der Verfassung Zweifel entstehen und nicht durch Übereinkunft zwischen der Regierung und dem Landtage beseitigt werden können, so hat hierüber der Staatsgerichtshof zu entscheiden.” 30.     In 1991 the Liechtenstein government introduced a bill in Parliament with the object of amending the Constitutional Court Act of 1925. In its comments on the provision regarding the Constitutional Court’s competence to decide on the interpretation of specific provisions of the Constitution, the government explained, inter alia , its views on the wording and purpose of Article 112 of the Constitution and in particular on the term “Government” which should be understood as referring to the Prince. At the preparatory stage, the Prince, in a letter addressed to the applicant, who at the time held the office of deputy head of the Liechtenstein government, had stated his disagreement with the proposed interpretation. The applicant explained the bill in Parliament when it received its first reading in April 1992. In the course of the discussions, the President of the Parliament questioned the interpretation of Article 112 of the Constitution, as contained in the government’s comments. The bill was passed by the Diet on 11 November 1992; however, the Prince failed to sign it so that it did not enter into force. 31.     Under section 20 of the Liechtenstein Court Organisation Act ( Gerichtsorganisationsgesetz, LGBl 1922 Nr. 16 ), judges are required to swear an oath, including the duties of loyalty to the Prince and of obedience to the laws and the Constitution. PROCEEDINGS BEFORE THE COMMISSION 32.     Mr Herbert Wille applied to the Commission on 25 August 1995. He alleged that following a public lecture he had given on issues of constitutional law the monarch of Liechtenstein, His Serene Highness Prince Hans-Adam II, as announced in a letter, decided not to appoint the applicant to public office in the future. This measure constituted a violation of his rights under Articles 6, 10, 13 and 14 of the Convention. 33.     The Commission declared the application (no. 28396/95) admissible on 27 May 1997. In its report of 17 September 1998 (former Article 31 of the Convention), it expressed the opinion that there had been a violation of Article 10 (fifteen votes to four); that it was not necessary to determine whether there had been a violation of Article 6 (seventeen votes to two); that there had been a violation of Article 13 taken in conjunction with Article 10 (sixteen votes to three); and that no separate issue arose under Article 14 taken in conjunction with Article 10 (seventeen votes to two). The full text of the Commission’s opinion and of the three dissenting opinions contained in the report is reproduced as an annex to this judgment [2] . FINAL SUBMISSIONS TO THE COURT 34.     In his memorial, the applicant requested the Court to find the respondent State in breach of its obligations under Articles 10 and 13 of the Convention and to award him just satisfaction under Article 41. The Government, for their part, invited the Court to dismiss the applicant’s complaints under Articles 10 and 13 of the Convention. THE LAW I.     ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION 35.     The applicant complained that, on account of the views expressed by him in the course of a public lecture on constitutional law at the Liechtenstein-Institut on 16 February 1995, the monarch of Liechtenstein, His Serene Highness Prince Hans-Adam II, in a letter addressed to him, announced his intention not to appoint the applicant to a public office again. He considered that this constituted a breach of his right to freedom of expression as guaranteed by Article 10 of the Convention, which reads: “1.     Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2.     The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.” A.     As to the applicability of Article 10 and the existence of an interference 36.     The applicant submitted that the Prince’s decision not to appoint him to a public office in the future should he be proposed by the Diet or any other body as expressed in the Prince’s letter of 27 February 1995 constituted an immediate reaction to his academic speech delivered a few days before and could not be considered anything else but a sanction for the expression of his legal opinion. Although the Convention did not guarantee a right of access to the civil service, civil servants nevertheless enjoyed the protection of Article 10. 37.     The Government submitted that the applicant’s speech and the Prince’s reaction thereto expressed in his letter of 27 February 1995 should be considered against the background of an ongoing political debate in Liechtenstein regarding the Prince’s authority and should not be seen in isolation. In 1992 there was a controversy between the Prince and the government over the date of a referendum for accession to the European Economic Area. The applicant was then a member of the Liechtenstein government, deputy head of the government and in charge of the justice portfolio. In the course of that controversy the applicant had expressed the view that, under Article 112 of the Constitution, the Constitutional Court had the power to decide on the interpretation of the Constitution in case of a disagreement between the Prince and the Diet. At the same time the Diet was considering a draft amendment to the Constitutional Court Act. In the explanatory report thereon the applicant had expressed the same opinion. In both cases the Prince had directly contradicted the applicant. Nevertheless, in December 1993, he had appointed the applicant President of the Administrative Court. Thus the Prince’s letter essentially expressed the Prince’s disappointment and surprise that the applicant, despite a previous compromise on the controversy regarding the jurisdiction of the Constitutional Court, had given a public speech on this issue although he must have known that the Prince could not have been in agreement with the opinion expressed. 38.     The Prince’s letter to the applicant of 27 February 1995 was a personal letter not intended for the general public and sent to the applicant’s private address. It did not constitute an act of State but was rather the notice of an intent to make a decision at a later time. The letter did not have a direct impact on the applicant’s legal status. He was not dismissed from office nor was his professional activity as President of the Administrative Court obstructed in any other way. But even if the Prince’s letter could be construed as an act of State, the Convention would not be applicable to the case. As the sanction was the refusal to appoint the applicant to a specific public office, it did not affect the applicant in any of his rights, as there was no right, either under Liechtenstein law or under the Convention, to be appointed to such office. Article 10 did not apply when the central issue was a question of access to public office. 39.     The Commission essentially agreed with the applicant. It found that the Prince’s decision, as expressed in his letter of 27 February 1995, not to appoint the applicant in the future to public office was an interference with the applicant’s right to freedom of expression as secured in Article 10 of the Convention. 40.     The Court will first deal with the Government’s argument that the case essentially concerns access to the civil service, a right not guaranteed by the Convention. 41.     In this connection the Court points out that the right of recruitment to the civil service was deliberately omitted from the Convention. Consequently, the refusal to appoint a person as a civil servant cannot as such provide the basis for a complaint under the Convention. This does not mean, however, that a person who has been appointed as a civil servant cannot complain of being dismissed if that dismissal violates one of his or her rights under the Convention. Civil servants do not fall outside the scope of the Convention. In Articles 1 and 14, the Convention stipulates that “everyone within [the] jurisdiction” of the Contracting States must enjoy the rights and freedoms in Section I “without discrimination on any ground”. Moreover, Article 11 § 2 in fine , which allows States to impose special restrictions on the exercise of the freedoms of assembly and association by “members of the armed forces, of the police or of the administration of the State”, confirms that as a general rule the guarantees in the Convention extend to civil servants (see the Glasenapp and Kosiek v. Germany judgments of 28 August 1986, Series A nos. 104, p. 26, § 49, and 105, p. 20, § 35, and the Vogt v. Germany judgment of 26 September 1995, Series A no. 323, pp. 22-23, § 43). 42.     Accordingly, the status of civil servant obtained by the applicant when he was appointed President of the Liechtenstein Administrative Court did not deprive him of the protection of Article 10. 43.     In order to determine whether this provision was infringed it must first be ascertained whether the disputed measure amounted to an interference with the exercise of freedom of expression – in the form of a “formality, condition, restriction or penalty” – or whether it lay within the sphere of the right of access to the civil service, a right not secured in the Convention. In order to answer this question, the scope of the measure must be determined by putting it in the context of the facts of the case and of the relevant legislation (see the Glasenapp and Kosiek judgments cited above, p.   26, § 50, and p. 20, § 36). 44.     In the Glasenapp and Kosiek cases, the Court analysed the action of the authorities as a refusal to grant the applicants access to the civil service on the ground that they did not possess one of the necessary qualifications. In the Vogt case, the Court found that Mrs Vogt, for her part, had been a permanent civil servant since February 1979. She was suspended in August 1986 and dismissed in 1987. It concluded that there was indeed an interference with the exercise of the right protected by Article 10 of the Convention (see the Vogt judgment cited above, p. 23, § 44). In the instant case, the Court considers likewise that recruitment to the civil service does not lie at the heart of the issue submitted to it. Even though the Prince raised the matter of a possible reappointment of the applicant as President of the Administrative Court in the future, his communications to the applicant essentially consisted in a reprimand for the opinions the latter had expressed previously. 45.     The Government argue that the Prince’s letter of 27 February 1995 was merely an advance announcement of a possible decision to be taken by the Prince in the future; thus it was a private letter and could not be equated to a sanction. 46.     The Court reiterates in this connection that the responsibility of a State under the Convention may arise for acts of all its organs, agents and servants. As is the case in international law generally, their rank is immaterial since the acts by persons accomplished in an official capacity are imputed to the State in any case. In particular, the obligations of a Contracting Party under the Convention can be violated by any person exercising an official function vested in him (see Ireland v. the United Kingdom, application no. 5310/71, Commission’s report of 25 January 1976, Yearbook 19, p. 758). 47.     The Court notes that the Principality of Liechtenstein is a constitutional hereditary monarchy on a democratic and parliamentary basis; the power of the State is inherent in and emanates from the Prince and the people and shall be exercised by both of them in accordance with the provisions of the Constitution (Article 2 of the Constitution). Chapter II of the Constitution specifies various sovereign powers of the Prince, inter alia , the appointment of State officials (Article 11 of the Constitution). 48.     The Court further notes that the applicant had been appointed President of the Liechtenstein Administrative Court in December 1993. On 27 February 1995 the Prince of Liechtenstein, in a letter to the applicant, informed him of his intention not to appoint him to public office again, should he be proposed by the Diet or any other body. The Prince’s letter was prompted, and this is not in dispute between the parties, by a report in the Liechtensteiner Volksblatt concerning the lecture given by the applicant on 16 February 1995 on the nature and functions of the Liechtenstein Constitutional Court, including a statement that the competence of that court under the Constitution could, in matters of interpretation of the Constitution, extend to disputes involving the powers of the Prince. According to the latter, the views thus expressed by the applicant infringed the Constitution, and the applicant’s attitude towards the Constitution made him unsuitable for public office. The Prince confirmed his intention not to appoint the applicant in subsequent letters of 4 April and 2 June 1995 and eventually, by letter of 17 April 1997, refused to reappoint the applicant as President of the Administrative Court after he had been proposed for this post by the Diet. Hence the Court cannot accept the argument that the letters of the Prince were private correspondence and did not constitute an act of State. 49.     In examining whether there has been an interference with the applicant’s right to freedom of expression the Court finds that the Prince’s letter of 27 February 1995 should be at the centre of its attention as it expressed for the first time the Prince’s intentions vis-à-vis the applicant. However, this measure has to be seen in the context of the Prince’s subsequent communications which confirmed these intentions. 50.     Considering the contents of this letter the Court finds that there has been an interference by a State authority with the applicant’s freedom of expression. The measure complained of occurred in the middle of the applicant’s term of office as President of the Administrative Court; it was unconnected with any concrete recruitment procedure involving an appraisal of personal qualifications. From the terms of the letter of 27 February 1995 it appears that the Prince had come to a resolution regarding his future conduct towards the applicant, which related to the exercise of one of his sovereign powers, that is his power to appoint State officials. Moreover, the said letter was expressly addressed to the applicant as President of the Administrative Court, though sent to his place of residence. Thus, the measure complained of was taken by an organ which was competent to act in the manner it did and whose acts engaged the responsibility of Liechtenstein as a State under the Convention. The right of the applicant to exercise his freedom of expression was interfered with once the Prince, criticising the contents of the applicant’s speech, announced the intention to sanction the applicant because he had freely expressed his opinion. The announcement by the Prince of his intention not to reappoint the applicant to a public post constituted a reprimand for the previous exercise by the applicant of his right to freedom of expression and, moreover, had a chilling effect on the exercise by the applicant of his freedom of expression, as it was likely to discourage him from making statements of that kind in the future. 51.     It follows that there was an interference with the exercise of the applicant’s right to freedom of expression, as secured in Article 10 § 1. B.     As to whether the interference was justified 52.     Such an interference gives rise to a breach of Article 10 unless it can be shown that it was “prescribed by law”, pursued one or more legitimate aim or aims as defined in paragraph 2 and was “necessary in a democratic society” to attain them. 1.     “Prescribed by law” and legitimate aim 53.     The applicant submitted that the interference complained of did not have any legal basis in Liechtenstein law. In particular, it had been unforeseeable for him that as a reaction to his speech the Prince would impose such a serious and far-reaching sanction. Furthermore the Prince’s measure did not pursue any legitimate aim. 54.     In the Government’s view the interference, if there had been any, was justified on account of the applicant’s violation of judicial norms of conduct and of his oath of office under Liechtenstein law, which included swearing loyalty to the Prince and obedience to the Constitution and the laws. Furthermore, the aim of the interference was to maintain public order and promote civil stability, and to preserve judicial independence and impartiality. 55.     The Commission found that in examining the justification of the interfe