Rule of Law in Luxembourg

Justice

Effective justice systems are essential for upholding the rule of law. Independence, quality and efficiency are the defined parameters of an effective justice system, whatever the model of the national legal system and tradition in which it is anchored. Whilst the organisation of justice in the Member States falls within the competence of the Member States, when they are exercising that competence, Member States must ensure that their national justice systems provide for effective judicial protection. The independence of national courts is fundamental to ensuring such judicial protection. National courts ensure that the rights and obligations provided under EU law are enforced effectively. As re-affirmed by the European Court of Justice, the very existence of effective judicial review to ensure compliance with EU law is of the essence for the rule of law. Effective justice systems are also the basis for mutual trust, which is the bedrock of the common area of freedom, justice and security, an investment friendly environment, the sustainability of long-term growth and the protection of EU financial interests. The European Court of Justice has further clarified the requirements stemming from EU law regarding judicial independence. The case-law of the European Court of Human Rights also provides for key standards to be respected to safeguard judicial independence.

Independence

green
The level of perceived independence of the judiciary is high.
View source | Our evaluation: green
0 comments - add comment
A planned revision of the Constitution would introduce new elements to further strengthen judicial independence.
View source | Our evaluation: yellow
0 comments - add comment
The power of the Minister of Justice to order the prosecution of a specific case is not used in practice and is accompanied by safeguards.
View source | Our evaluation: green
0 comments - add comment

Quality

yellow
The process of digitalisation of the justice system is ongoing.
View source | Our evaluation: yellow
0 comments - add comment
Discussions are ongoing on a reform of the legal aid system.
View source | Our evaluation: green
0 comments - add comment

Efficiency

yellow
While civil justice performs efficiently overall, certain data are lacking as regards the functioning of administrative justice.
View source | Our evaluation: yellow
0 comments - add comment

Anti-corruption

The fight against corruption is essential for maintaining the rule of law. Corruption undermines the functioning of the state and of public authorities at all levels and is a key enabler of organised crime 48 . Effective anti-corruption frameworks, transparency and integrity in the exercise of state power can strengthen legal systems and trust in public authorities. Fighting corruption needs to be based on evidence about its prevalence and form in a given country, the conditions that enable corruption and the legal, institutional and other incentives that can be used to prevent, detect and sanction corruption.

Institutional Framework

yellow
In the latest Corruption Perceptions Index by Transparency International, Luxembourg scored 80/100, and ranked 5th in the European Union and 9th globally.
View source | Our evaluation: green
0 comments - add comment
No national anti-corruption strategy is in place.
View source | Our evaluation: red
0 comments - add comment

Prevention

yellow
Legislation has been adopted with regard to conflicts of interest and declarations of assets for members of Government and civil servants.
View source | Our evaluation: green
0 comments - add comment
Lobbying and ‘revolving doors’ are not regulated.
View source | Our evaluation: red
0 comments - add comment
A National Action Plan to improve the legislation on access to information for 2019-2021 has been adopted.
View source | Our evaluation: green
0 comments - add comment

Repressive measures

yellow
The institutional framework to prevent and fight corruption is divided between several authorities.
View source | Our evaluation: yellow
0 comments - add comment
The Court of Audit controls the financial management of the organs, administrations and services of the State.
View source | Our evaluation: green
0 comments - add comment

Media Freedom

All Member States have legal frameworks in place to protect media freedom and pluralism and EU citizens broadly enjoy high standards of media freedom and pluralism. Freedom of expression, media freedom and pluralism and the right of access to information are generally enshrined in the Constitution or in secondary law. Media pluralism and media freedom are key enablers for the rule of law, democratic accountability and the fight against corruption. The murders of journalists who were investigating high-level corruption and organised crime allegations have been a wake-up call reminding Member States of the obligation to guarantee an enabling environment for journalists, protect their safety and pro-actively promote media freedom and media pluralism.

Regulatory authorities

green
The regulatory authority for audiovisual media services is an independent public body with its own legal personality.
View source | Our evaluation: green
0 comments - add comment
The Luxembourgish Press Council is a self-regulating body established by law.
View source | Our evaluation: green
0 comments - add comment

Transparency of Media

yellow
A legal framework is established as regards transparency of media ownership.
View source | Our evaluation: green
0 comments - add comment
The Government makes an active contribution to support news media.
View source | Our evaluation: yellow
0 comments - add comment

Journalists' Protection

green
The framework for the protection of journalists is based on a set of constitutional and legislative safeguards.
View source | Our evaluation: green
0 comments - add comment
A legislative framework exists to safeguard the right to information.
View source | Our evaluation: green
0 comments - add comment

Other Institutional Issues

Institutional checks and balances are at the core of the rule of law. They guarantee the functioning, cooperation and mutual control of State organs so that power is exercised by one state authority with the scrutiny of others. In addition to an effective justice systems, checks and balances rely on a transparent, accountable, democratic and pluralistic process for enacting laws, the separation of powers, the constitutional and judicial review of laws, a transparent and high-quality public administration as well as effective independent authorities such as ombudsperson institutions or national human rights institutions.

Preparing and enacting laws

green
Impact assessments and stakeholder consultations are part of the legislative process.
View source | Our evaluation: green
0 comments - add comment
A state of emergency was declared in response to the COVID-19 pandemic.
View source | Our evaluation: green
0 comments - add comment

Civil Society

green
Recent initiatives aim to foster the landscape for civil society.
View source | Our evaluation: green
0 comments - add comment

Accessibility

green
A recent constitutional reform introduced changes relevant for the system of checks and balances.
View source | Our evaluation: green
0 comments - add comment

Independent Authorities

green
Several independent authorities fulfil key roles in safeguarding fundamental rights.
View source | Our evaluation: green
0 comments - add comment