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Luxembourg - Government

Luxembourg has a parliamentary form of government with a constitutional monarchy by inheritance. The sovereign power is formally divided into a legislative, an executive and a judicial branch. As in every parliamentary democracy, the separation of powers is flexible, since many links exist between the legislative and executive branches; the judicial power alone remains completely independent.

Elections are held regularly on 3 levels: local, national and European. Local elections are held every 6 years (most recently in 2011). Voting is compulsory for all Luxembourg citizens. Non-Luxembourg citizens can also vote or become a candidate, subject to few conditions. National elections are held every 5 years (most recently in 2009). Again, voting is cumpolsory for all Luxembourg citizens, but is limited to people having Luxembourg citizenship. European elections are held every 5 years (most recently in 2009). Voting is not compulsory, but the elections are organized the same day as the national elections. Non-Luxembourg citizens can also vote, provided that they come from another EU-country.

The legislative branch is represented by Parliament (Chamber of Deputies), the Government and the Council of State, which interact to create Luxembourg’s legal framework. The Chamber of Deputies and the Government both have the right of initiative to elaborate and propose new legislation. These texts are then passed on to the Council of Ministers for approbation, after which they become formal projects of bills. Legislative power is vested in the Chamber of Deputies, the members of which are elected directly to 5-year terms.

A second body, the "Conseil d'État" (Council of State), composed of 21 ordinary citizens appointed by the Grand Duke, advises the Chamber of Deputies in the drafting of legislation. The Council of State acts as a controlling instance for both the Chamber of Deputies and the Government. The consultation of the Council of State is mandatory. In absence of a second assembly, its function is to examine the proposed texts thoroughly to ensure their compliance with the Constitution, international conventions, supranational regulations as well as with the general principles of law. The Council's opinions have no binding effect, and the responsibilities of its members are in addition to their normal professional duties.

It is only after the completion of these steps that the debate in the Chamber of Deputies is opened. After the vote in the Chamber of Deputies, the adopted text is forwarded to the Grand Duke whose signature is necessary for the publication of legislation in the Mémorial (Official Journal), marking the definitive coming into effect of the legal text.

Under the constitution of 1868, as amended, executive power is exercised by the Grand Duke and the Council of Government (cabinet), which includes the prime minister, who serves as head of government. The executive power is formally executed by the Grand Duke and in practice by the Government, which he appoints on the basis of a proposal made by the leader of the winning party of the legislative elections. Formally, the Grand Duke appoints and revokes ministers; in practice though, the Grand Duke only appoints the Prime Minister, who is then free to choose the members of his cabinet. The prime minister is the leader of the political party or coalition of parties having the most seats in the Chamber of Deputies. The Government is composed according to the results of legislative elections. The party having won the majority of votes forms the government. Usually, none of the parties win an absolute majority. Coalition governments are hence the norm.

The composition of the cabinet is not laid down by the Constitution. Indeed, the Constitution only stipulates that the Grand Duke – in practice the Prime Minister – can organise his Government freely. Thus, the number of members of Government can vary, as can the portfolios. The number of ministerial departments generally exceeds the number of members of the cabinet called upon to serve in office; thus a single cabinet member normally holds more than one portfolio. The professional groups are federated in chambers, of which there are 5:

• the Chamber of Commerce,
• the Chamber of Trades,
• the Chamber of Agriculture,
• the Chamber of Civil Servants and Public Employees,
• the Chamber of Employees.

These chambers represent and defend the interests of the various professional groups in Luxembourg and have to be consulted on legal texts that concern them, before these can be voted in the Chamber of Deputies. Their consultation by the legislator is mandatory, but the legislator does not have to wait for or follow their advice. The chambers administrate themselves and are not subject to control by the legislator. Membership in the chambers is mandatory for professionals belonging to one of these groups.

The judicial branch encompasses all civilian and administrative courts and tribunals on the Grand Duchy's territory. Its complete independence from the other branches is guaranteed by the Constitution. Luxembourg law is a composite of local practice, legal tradition, and French, Belgian, and German systems. The apex of the judicial system is the Superior Court, whose judges are appointed by the Grand Duke.

The Office of the Mediator, also called the Ombudsman, was implemented in 2004. The Mediator is attached to the Chamber of Deputies but acts as an independent institution, which is not accountable to the Government. The Mediator’s office receives complaints from individuals about administrative procedures of the Government or the communes. In order to remedy these problems, the Mediator then transmits recommendations to the authorities in question. This is a free service offered to all citizens in order to strengthen trust in the institutions and democracy.