Quality of Democracy
#13Key Findings
With generally strong democratic institutions, Luxembourg falls into the upper-middle ranks (rank 13) with regard to democracy quality. Its score on this measure has declined by 0.1 point relative to its 2014 level.
Voting rights have been expanded for foreign nationals. Newspapers often retain some affinities for certain political parties, but the media is free of direct government interference. The media environment is highly pluralist, and a wide range of mass media receive public subsidies.
Parties receive most of their funding from the state. No freedom of information act exists, and the government cultivates a certain culture of secrecy. Civil rights and political liberties are well protected, and xenophobia and anti-Semitism are consistently punished by the courts.
Administrative decisions are often ad hoc, reducing legal certainty. The overloaded and understaffed courts are slow, but independent. Corruption is comparatively well controlled. A new transparency register obliges parliamentarians to disclose which interest group representatives they meet.
Voting rights have been expanded for foreign nationals. Newspapers often retain some affinities for certain political parties, but the media is free of direct government interference. The media environment is highly pluralist, and a wide range of mass media receive public subsidies.
Parties receive most of their funding from the state. No freedom of information act exists, and the government cultivates a certain culture of secrecy. Civil rights and political liberties are well protected, and xenophobia and anti-Semitism are consistently punished by the courts.
Administrative decisions are often ad hoc, reducing legal certainty. The overloaded and understaffed courts are slow, but independent. Corruption is comparatively well controlled. A new transparency register obliges parliamentarians to disclose which interest group representatives they meet.
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How fair are procedures for registering candidates and parties?
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Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
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A few restrictions on election procedures discriminate against a small number of candidates and parties.
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Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
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Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
Legislative elections in Luxembourg are governed by the constitution and by electoral law. The country has a unicameral system (Chamber of Deputies), and the length of deputies’ term is five years. The country has four electoral districts (South, Center, North and East), and the cities Esch-sur-Alzette, Luxembourg, Diekirch and Grevenmacher are their respective capitals. According to the constitution, the Chamber has 60 seats. Electoral law sets the number of deputies to be elected in each district, as follows: South with 23 deputies, the Center with 21 deputies, the North with nine deputies and the East with seven deputies. Deputies are elected using a list-based voting system, according to the rules of proportional representation, by universal suffrage, with voting being direct and secret.
Citations:
“Press release by the Prime Minister, Minister of State, on the result of the signature collection for a referendum on the proposal to revise Chapter VI of the Constitution.” Official elections website of the Grand Duchy of Luxembourg (5 January 2022). https://elections.public.lu/en/actualites/2022/resultat-signatures-referendum.html. Accessed 14 January 2022.
“Élections législatives, communales et européennes.” Official elections website of the Grand Duchy of Luxembourg. http://data.legilux.public.lu/file/eli-etat-leg-recueil-elections-20180625-fr-pdf.pdf. Accessed 14 January 2022.
“Bettel fragt, die Fraktionen antworten.” Luxemburger Wort, 4 March 2020.
Citations:
“Press release by the Prime Minister, Minister of State, on the result of the signature collection for a referendum on the proposal to revise Chapter VI of the Constitution.” Official elections website of the Grand Duchy of Luxembourg (5 January 2022). https://elections.public.lu/en/actualites/2022/resultat-signatures-referendum.html. Accessed 14 January 2022.
“Élections législatives, communales et européennes.” Official elections website of the Grand Duchy of Luxembourg. http://data.legilux.public.lu/file/eli-etat-leg-recueil-elections-20180625-fr-pdf.pdf. Accessed 14 January 2022.
“Bettel fragt, die Fraktionen antworten.” Luxemburger Wort, 4 March 2020.
To what extent do candidates and parties have fair access to the media and other means of communication?
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All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
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Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
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Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
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Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
Historically all of Luxembourg’s daily newspapers have at least some ties to political parties, reflecting the interests of the publications’ owners, and their coverage of election campaigns has tended to be rather biased or partisan. Recent changes are noticeable in this domain. While the Tageblatt is still close to the LSAP and the Zeitung vum Letzebuerger Vollek to the small Luxembourg Communist Party, the Luxembourger Wort, which was always considered to be close to the CSV, has been acquired by the Belgian media company Mediahuis. The Journal, which has close links to the DP, ceased appearing as a daily newspaper and has become an online publication. In addition, to shore up their dwindling readerships, newspapers have adopted a more balanced line in recent years, reducing their political bias, to the benefit of smaller parties and organizations. However, circulation figures continue to drop at all newspapers. At the same time, new journalistic projects are being created, such as Reporter, an online magazine that aims to offer in-depth journalism and has no advertising.
The public radio broadcaster 100,7 is required to offer independent and impartial coverage by its public service mission. The main private broadcaster, RTL Radio Télé Luxembourg, has to commit to balanced reporting as a condition of its concessionary contract with the state of Luxembourg. During election campaigns, the information and press service of the government provides the political parties with airtime and the opportunity to broadcast radio and television ads. Furthermore, both 100,7 and RTL have to hold roundtables with candidates from all party lists.
Until 2019, the government’s Information and Press Service (Service Information et Presse, SIP) was responsible for supervising the coverage of election campaigns among the broadcasters that have a public service mission (radio 100,7 and RTL Radio Télé Luxembourg). However, the Autorité luxembourgeoise indépendante de l’audiovisuel (ALIA) took over this mission during the European election of 2019. On the basis of this experience, the chair of the ALIA has stressed that his body would need increased resources and a clear legal basis to properly carry out its new mission.
Citations:
“Financial support for professional journalism.” The Government of the Grand Duchy of Luxembourg. (8 July 2021). https://guichet.public.lu/en/entreprises/sectoriel/medias/subside-presse-en-lign e.html. Accessed on 14 January 2021.
“Gebt uns die erforderlichen Mittel.” Luxemburger Wort (4 February 2022). hhttps://www.wort.lu/de/politik/mehr-macht-als-nur-vermitteln-duerfen-61fc3745de135b9236aeea84. Accessed 7 February 2022.
The public radio broadcaster 100,7 is required to offer independent and impartial coverage by its public service mission. The main private broadcaster, RTL Radio Télé Luxembourg, has to commit to balanced reporting as a condition of its concessionary contract with the state of Luxembourg. During election campaigns, the information and press service of the government provides the political parties with airtime and the opportunity to broadcast radio and television ads. Furthermore, both 100,7 and RTL have to hold roundtables with candidates from all party lists.
Until 2019, the government’s Information and Press Service (Service Information et Presse, SIP) was responsible for supervising the coverage of election campaigns among the broadcasters that have a public service mission (radio 100,7 and RTL Radio Télé Luxembourg). However, the Autorité luxembourgeoise indépendante de l’audiovisuel (ALIA) took over this mission during the European election of 2019. On the basis of this experience, the chair of the ALIA has stressed that his body would need increased resources and a clear legal basis to properly carry out its new mission.
Citations:
“Financial support for professional journalism.” The Government of the Grand Duchy of Luxembourg. (8 July 2021). https://guichet.public.lu/en/entreprises/sectoriel/medias/subside-presse-en-lign e.html. Accessed on 14 January 2021.
“Gebt uns die erforderlichen Mittel.” Luxemburger Wort (4 February 2022). hhttps://www.wort.lu/de/politik/mehr-macht-als-nur-vermitteln-duerfen-61fc3745de135b9236aeea84. Accessed 7 February 2022.
To what extent do all citizens have the opportunity to exercise their right of participation in national elections?
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All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
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The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
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While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
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The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
The voting age is 18, and once a citizen is registered on the electoral lists, voting is mandatory. Voters above the age of 75 are exempt from this obligation. In theory, unjustified abstentions are punishable by a fine; however, this disposition has not been enforced for several decades now. The electoral system is considered to be strong and fair. However, the parliamentary elections held on 14 October 2018 highlighted a number of problems due both to the division of the country into four electoral districts, and to the method of calculation used to determine the allocation of seats. Thus, small parties were at a disadvantage.
Luxembourg’s local polls (“élections communales”) take place every six years, and are used to elect councilors for each of the country’s 102 communes. Foreign nationals are able to participate in the local and European elections, provided that they have resided in the Grand Duchy for five years and have signed up to vote. In September 2021, Minister for Home Affairs Taina Bofferding, Minister for Family Affairs Corinne Cahen and Minister of Justice Sam Tanson announced changes to the electoral and municipality laws. Thus, the five-year residency requirement for foreign nationals is to be dropped, and the delay to register on the lists is to be reduced to 55 days prior to vote. Foreigners will also be allowed to stand for election at the municipal level if they have lived in the municipality for at least six months. The next legislative and communal elections will both take place in 2023. These changes at the municipal level can be expected to lead to more involvement by foreign residents at the level of municipalities. At the level of the national parliament, the many foreigners living in Luxembourg remain unrepresented.
Citizens are not allowed to observe the process of counting votes. Political parties may, however, nominate witnesses to oversee the vote-counting process.
Citations:
“La loi électorale sera réformée afin de faciliter la participation des citoyens non-luxembourgeois.” Stradalex (2 September 2021). https://www.stradalex.lu/fr/slu_news/document/slu_news_article20210908-1-fr. Accessed 14 January 2022.
“Élections législatives, communales et européennes.” Official elections website of the Grand Duchy of Luxembourg. http://data.legilux.public.lu/file/eli-etat-leg-recueil-elections-20180625-fr-pd f.pdf. Accessed 14 January 2022.
“Projet de loi portant modification de la loi électorale modifiée du 18 février 2003.” Chambre des Députés. No.7877. Session ordinaire 2020-2021. https://img.100komma7.lu/uploads/media/default/0002/33/245154_1a2fbd.pdf. Accessed 14 January 2022.
Luxembourg’s local polls (“élections communales”) take place every six years, and are used to elect councilors for each of the country’s 102 communes. Foreign nationals are able to participate in the local and European elections, provided that they have resided in the Grand Duchy for five years and have signed up to vote. In September 2021, Minister for Home Affairs Taina Bofferding, Minister for Family Affairs Corinne Cahen and Minister of Justice Sam Tanson announced changes to the electoral and municipality laws. Thus, the five-year residency requirement for foreign nationals is to be dropped, and the delay to register on the lists is to be reduced to 55 days prior to vote. Foreigners will also be allowed to stand for election at the municipal level if they have lived in the municipality for at least six months. The next legislative and communal elections will both take place in 2023. These changes at the municipal level can be expected to lead to more involvement by foreign residents at the level of municipalities. At the level of the national parliament, the many foreigners living in Luxembourg remain unrepresented.
Citizens are not allowed to observe the process of counting votes. Political parties may, however, nominate witnesses to oversee the vote-counting process.
Citations:
“La loi électorale sera réformée afin de faciliter la participation des citoyens non-luxembourgeois.” Stradalex (2 September 2021). https://www.stradalex.lu/fr/slu_news/document/slu_news_article20210908-1-fr. Accessed 14 January 2022.
“Élections législatives, communales et européennes.” Official elections website of the Grand Duchy of Luxembourg. http://data.legilux.public.lu/file/eli-etat-leg-recueil-elections-20180625-fr-pd f.pdf. Accessed 14 January 2022.
“Projet de loi portant modification de la loi électorale modifiée du 18 février 2003.” Chambre des Députés. No.7877. Session ordinaire 2020-2021. https://img.100komma7.lu/uploads/media/default/0002/33/245154_1a2fbd.pdf. Accessed 14 January 2022.
To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?
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The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
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The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
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The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
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The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
The Political Finance Act of 2007 aims to promote transparency, equal opportunities, independence and the avoidance of conflicts of interest. However, these objectives are only partly achieved in practice. The financial independence of political parties in Luxembourg compared to other countries is one of the strengths of Luxembourg’s party system.
In 2020, parliament approved a reform aiming to improve the system of financing political parties so as to enhance transparency and accountability in the electoral process. Thus, public funding for the political parties increases from 75% to 80% of the parties’ overall revenues. Qualifying political parties receive a lump-sum subsidy of €135,000 per year (instead of the previous €100,000). In addition, each political party receives a further €15,000 (instead of €14,200) per percentage point achieved in the previous national and European election. The state finances all political parties that receive at least 2% of the vote nationwide in national and European elections. The subsidy for political parties that compete only in European elections is €35,000 per year.
The state allocates approximately €2.6 million each year directly to political parties. As a result, state aid accounts for a significant proportion of the total revenue of all the above-mentioned parties.
Citations:
“2.6 millions d’euros d’aides dans la poche des partis.” Luxemburger Wort. (4 May 2021). https://www.wort.lu/fr/luxembourg/2-6-millions-d-euros-d-aides-dans-la-poche-des-partis-60910166de135b9236255618?utm_internal_campaign=magnet_related_articles. Accessed 14 January 2022.
Loi du 15 décembre 2020 portant modification de : 1° la loi modifiée du 21 décembre 2007 portant réglementation du financement des partis politiques; 2° la loi électorale modifiée du 18 février 2003. https://legilux.public.lu/eli/etat/leg/loi/2020/12/15/a1000/jo.
Accessed 03 Jan.2022.
In 2020, parliament approved a reform aiming to improve the system of financing political parties so as to enhance transparency and accountability in the electoral process. Thus, public funding for the political parties increases from 75% to 80% of the parties’ overall revenues. Qualifying political parties receive a lump-sum subsidy of €135,000 per year (instead of the previous €100,000). In addition, each political party receives a further €15,000 (instead of €14,200) per percentage point achieved in the previous national and European election. The state finances all political parties that receive at least 2% of the vote nationwide in national and European elections. The subsidy for political parties that compete only in European elections is €35,000 per year.
The state allocates approximately €2.6 million each year directly to political parties. As a result, state aid accounts for a significant proportion of the total revenue of all the above-mentioned parties.
Citations:
“2.6 millions d’euros d’aides dans la poche des partis.” Luxemburger Wort. (4 May 2021). https://www.wort.lu/fr/luxembourg/2-6-millions-d-euros-d-aides-dans-la-poche-des-partis-60910166de135b9236255618?utm_internal_campaign=magnet_related_articles. Accessed 14 January 2022.
Loi du 15 décembre 2020 portant modification de : 1° la loi modifiée du 21 décembre 2007 portant réglementation du financement des partis politiques; 2° la loi électorale modifiée du 18 février 2003. https://legilux.public.lu/eli/etat/leg/loi/2020/12/15/a1000/jo.
Accessed 03 Jan.2022.
Do citizens have the opportunity to take binding political decisions when they want to do so?
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Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
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Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
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Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
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Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
The constitution of Luxembourg has allowed referendums since 1919 (Article 51, Paragraph 7). An amended constitutional article introduced the possibility of using a referendum to revise the constitution (Article 114). Thus, direct democracy in the form of referendums is possible, but is not a central aspect of Luxembourg’s political system. A 2005 law outlined the steps needed before a referendum could be held at the national level. The procedure can be initiated either by a parliamentary act or popular initiative. In the latter case, at least 25,000 citizens of Luxembourg must demand a referendum. Since Luxembourg is a small country, this threshold is significant.
Referendums were held in 1919, 1937, 2005 and 2015. All four referendums resulted from parliamentary or governmental initiatives, including the one in 2005 that sought approval for the EU constitutional treaty.
The Local Government Act of 1988 (Article 35) addresses the issue of referendums at the municipal level. One-fifth of registered electors must demand a referendum; local referendums, however, are not binding. The practice is used mostly as a consultative tool which could explain why it is not utilized more frequently. Over the past few years, however, it was used several times to ask citizens of municipalities whether they wanted to merge with another municipality.
Each member of parliament represents an average of just 10,000 citizens, which means citizens have relatively easy access to their representatives. The country’s territorial breakdown produces small units (in 2018, there were a total of 102 communes/municipalities), which all claim to be in direct contact with citizens. On the other hand, Luxembourg is flooded with citizen initiatives, an informal way to impose views on the political establishment, especially regarding environmental issues.
Citizens can submit petitions (written in French, German or Luxembourgish) on the website of the Chamber of Deputies. To ensure that the issue underlying the petition is publicly debated in parliament, at least 4,500 signatures are required. If that threshold is passed, the petition will be discussed during a public debate, broadcast on ChamberTV and streamed on the parliament website. In 2021, 285 public petitions were submitted to the Chamber of Deputies, one of which was a petition asking for a referendum on the planned revision of the constitution. As the total number of valid signatures (7,413) was much less than 25,000 signatures required, the proposal to hold a referendum on the proposed revision of the constitution was not successful.
Citations:
“Press release by the Prime Minister, Minister of State, on the result of the signature collection for a referendum on the proposal to revise Chapter VI of the Constitution.” Official elections website of the Grand Duchy of Luxembourg (5 January 2022). https://elections.public.lu/en/actualites/2022/resultat-signatures-referendum.ht ml. Accessed 14 January 2022.
“The petition website of the Parliament.” Chambre des Députés. https://www.petitiounen.lu/en/. Accessed 14 January 2022.
Referendums were held in 1919, 1937, 2005 and 2015. All four referendums resulted from parliamentary or governmental initiatives, including the one in 2005 that sought approval for the EU constitutional treaty.
The Local Government Act of 1988 (Article 35) addresses the issue of referendums at the municipal level. One-fifth of registered electors must demand a referendum; local referendums, however, are not binding. The practice is used mostly as a consultative tool which could explain why it is not utilized more frequently. Over the past few years, however, it was used several times to ask citizens of municipalities whether they wanted to merge with another municipality.
Each member of parliament represents an average of just 10,000 citizens, which means citizens have relatively easy access to their representatives. The country’s territorial breakdown produces small units (in 2018, there were a total of 102 communes/municipalities), which all claim to be in direct contact with citizens. On the other hand, Luxembourg is flooded with citizen initiatives, an informal way to impose views on the political establishment, especially regarding environmental issues.
Citizens can submit petitions (written in French, German or Luxembourgish) on the website of the Chamber of Deputies. To ensure that the issue underlying the petition is publicly debated in parliament, at least 4,500 signatures are required. If that threshold is passed, the petition will be discussed during a public debate, broadcast on ChamberTV and streamed on the parliament website. In 2021, 285 public petitions were submitted to the Chamber of Deputies, one of which was a petition asking for a referendum on the planned revision of the constitution. As the total number of valid signatures (7,413) was much less than 25,000 signatures required, the proposal to hold a referendum on the proposed revision of the constitution was not successful.
Citations:
“Press release by the Prime Minister, Minister of State, on the result of the signature collection for a referendum on the proposal to revise Chapter VI of the Constitution.” Official elections website of the Grand Duchy of Luxembourg (5 January 2022). https://elections.public.lu/en/actualites/2022/resultat-signatures-referendum.ht ml. Accessed 14 January 2022.
“The petition website of the Parliament.” Chambre des Députés. https://www.petitiounen.lu/en/. Accessed 14 January 2022.
Graph View
To what extent are the media independent from government?
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Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
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The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
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The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
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Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
Freedom of the press and the protection of sources is guaranteed by the constitution and a broad legislative framework, and both are generally respected in practice. The Chamber of Deputies, alongside the Press Council of Luxembourg and a number of regulatory bodies including the Independent Luxembourg Broadcasting Authority (ALIA) are involved in ensuring the independence of media. The Press Council, which is a non-governmental association with a good reputation for fairness and integrity, seeks to guarantee the freedom and the quality of the news media, and to improve their accountability. It is also the guardian of the code of ethics for professional journalists, and has the capacity to receive complaints from the public and give its opinion on specific grievances, but lacks coercive power.
In Luxembourg, each political party once had an affiliated newspaper. Although those affiliations ended in 2010, it can be noted that some perceived affinities still persist. Nevertheless, the media operate independently and journalists enjoy a great degree of freedom with respect to the government and the political class. In the 2021 World Press Freedom Index, Luxembourg fell from 17th to 20th place among 180 countries. Early in January 2022, the Luxembourg Association of Professional Journalists (ALJP) appealed to the authorities to protect journalists who have received death threats, mainly originating from militant anti-vaccination campaigners. The Media and Communication Minister strongly condemned these acts, saying that “where there is no independent reporting, human rights are violated.” The issue is also under discussion in the Chamber of Deputies. Although the government intend to legislate on this subject, such activities are not currently penalized by the existing legal framework.
Citations:
“Conseil de Presse Luxembourg.” https://www.press.lu/en/who-we-are/history/. Accessed 26 April 2022
“Journalists association issues appeal following death threats “. RTL Today (07 January 2022). https://today.rtl.lu/news/luxembourg/a/1843608.html. Accessed 14 January 2022.
“Freedom in the world: Luxembourg 2021.” Freedom House (2021). https://freedomhouse.org/country/luxembourg/freedom-world/2021. Accessed 14 January 2022.
In Luxembourg, each political party once had an affiliated newspaper. Although those affiliations ended in 2010, it can be noted that some perceived affinities still persist. Nevertheless, the media operate independently and journalists enjoy a great degree of freedom with respect to the government and the political class. In the 2021 World Press Freedom Index, Luxembourg fell from 17th to 20th place among 180 countries. Early in January 2022, the Luxembourg Association of Professional Journalists (ALJP) appealed to the authorities to protect journalists who have received death threats, mainly originating from militant anti-vaccination campaigners. The Media and Communication Minister strongly condemned these acts, saying that “where there is no independent reporting, human rights are violated.” The issue is also under discussion in the Chamber of Deputies. Although the government intend to legislate on this subject, such activities are not currently penalized by the existing legal framework.
Citations:
“Conseil de Presse Luxembourg.” https://www.press.lu/en/who-we-are/history/. Accessed 26 April 2022
“Journalists association issues appeal following death threats “. RTL Today (07 January 2022). https://today.rtl.lu/news/luxembourg/a/1843608.html. Accessed 14 January 2022.
“Freedom in the world: Luxembourg 2021.” Freedom House (2021). https://freedomhouse.org/country/luxembourg/freedom-world/2021. Accessed 14 January 2022.
To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?
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Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
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Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
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Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
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Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
The media landscape in Luxembourg is multilingual, multimedia and surprisingly rich given the size of the country and the population. Newspapers and certain online media organizations receive direct and indirect subsidies, in order to make possible a degree of pluralism of the press. The print sector includes five daily newspapers and a number of weekly and/or monthly magazines. There are about seven private radio stations with national coverage, as well as Radio 100,7, which is a public service broadcaster. RTL is Europe’s most important private radio and television broadcaster, and the audiovisual sector is dominated by the group CLT-UFA. RTL Radio Télé Luxembourg carries out a public service mission in exchange for public subsidies. Luxembourg’s media market is regulated by the Independent Luxembourg Broadcasting Authority (ALIA).
The country’s media landscape facilitates the expression of diverse political points of view: conservative, liberal, socialist and communist. Many of Luxembourg’s daily newspapers have links to political parties.
Luxemburger Wort (the country’s largest daily newspaper) is owned by the Saint-Paul group (under the aegis of the Catholic Church), and therefore has had ties to the Christian Social People’s Party. However, in April 2021, the Belgian conglomerate Mediahuis purchased the Saint-Paul group, and has since given priority to more online coverage. Thus, 70 employees (or 20% of the staff of Luxemburger Wort) have lost their jobs, a move criticized by analysts as potentially weakening the country’s media environment.
In 2021, print and digital media were used on a daily basis by 217,000 residents (41.3% of the Luxembourg total population). The market share of L’Essentiel, the most successful of the free papers, had a market share of 29.9% (or 157,000 readers per day) in 2021. Luxemburger Wort (paper and digital) was read by 149,200 persons (28.4% of the population). L’Essentiel and Tageblatt (Luxembourg’s second-largest newspaper, with a market share of about 7.8%) are both published by Editpress, which is jointly owned by the socialist trade union OGBL and the Luxembourg Socialist Workers’ Party.
In 2021, RTL Télé Lëtzebuerg had no domestic competitors in the television market (with a market share of 22.6%), and remains well ahead in the radio market, despite the market’s liberalization in the early 1990s and the creation of the public broadcaster Radio 100,7 in 1993. RTL radio reaches the largest audience share (35%), while L’Essentiel Radio was the most listened-to radio service among foreign residents (20.8% daily coverage and 38.2% weekly coverage).
A considerable amount of foreign media is consumed, especially on television. TF1 (France), and ARD and ZDF (Germany) reach more than 10% of the Luxembourg population.
The most important online media presence in Luxembourg is RTL’s website, which represents all political views and is nonpartisan (217,000 readers per day, or 41.4%).
According to Media Pluralism Monitor 2020, women have less access to the media than do men (risk rating 81%). There are few women in key positions in the sector, and the Luxembourg public media service does not have a gender equality policy. Furthermore, women experts serve as invited guests on media programs less often do their male counterparts.
Another sensitive issue concentration and competition enforcement among online platforms (risk rating of 96%). The indicator addressing transparency of media ownership scores a medium level of risk (50%), as does the indicator measuring protection of the right to information (45%).
The media is independent of the government, but a wide range of mass media receive public subsidies. The press was particularly affected by the coronavirus crisis, and was therefore given a specific aid program by the government with the aim of “improving the quality of journalism and guaranteeing the pluralism of multilingual media.” A new law on subsidies to the press, covering both online media and written press, was adopted on 8 July 2021. Grants are composed of a fixed amount (€200,000) and a variable amount (€30,000 per professional full-time journalist). This aid is also open to monthly publications, the free press, “citizen media,” “emerging publishers” and startups in the sector.
Citations:
“Journalists association issues appeal following death threats “. RTL Today (07 January 2022). https://today.rtl.lu/news/luxembourg/a/1843608.html. Accessed 14 January 2022.
“2021 World Press Freedom Index.” Reporters Without Borders Report. (2021). https://rsf.org/en/2021-world-press-freedom-index-journalism-vaccine-against-dis information-blocked-more-130-countries. Accessed 14 January 2022.
“Financial support for professional journalism.” The Government of the Grand Duchy of Luxembourg. (8 July 2021). https://guichet.public.lu/en/entreprises/sectoriel/medias/subside-presse-en-ligne.html. Accessed on 14 January 2021.
” TNS-ILRES Plurimedia 2021-I.” Edita SA (21 June 2021). https://www.adada.lu/2021/06/plurimedia-2021-i-les-medias-de-lessentiel-touchent -232-000-personnes-par-jour-au-luxembourg/. Accessed 14 January 2022.
Kies, Raphaël; Hamdi, Mohamed. “Media Pluralism Monitor 2020 – Monitoring Media Pluralism in the Digital Era. Coutry Report: Luxembourg.” Cenre for Media Pluralism and Media Freedom. Research Project Report. Issue 2827. July 2021. https://cadmus.eui.eu/bitstream/handle/1814/71954/luxembourg_results_mpm_2021_cm pf.pdf?sequence=1. Accessed 14 January 2021.
“L’audience des médias luxembourgeois à la loupe.” Luxemburger Wort (12 May 2021). https://www.wort.lu/fr/luxembourg/l-audience-des-medias-luxembourgeois-a-la-loup e-609bca80de135b923600aeb4. Accessed 14 January 2022.
Règlement du Gouvernement en Conseil du 11 mars 2020 concernant le régime de promotion
transitoire du journalisme en ligne. http://legilux.public.lu/eli/etat/leg/rgc/2020/03/11/a176/jo. Accessed on 14 January 2022.
The country’s media landscape facilitates the expression of diverse political points of view: conservative, liberal, socialist and communist. Many of Luxembourg’s daily newspapers have links to political parties.
Luxemburger Wort (the country’s largest daily newspaper) is owned by the Saint-Paul group (under the aegis of the Catholic Church), and therefore has had ties to the Christian Social People’s Party. However, in April 2021, the Belgian conglomerate Mediahuis purchased the Saint-Paul group, and has since given priority to more online coverage. Thus, 70 employees (or 20% of the staff of Luxemburger Wort) have lost their jobs, a move criticized by analysts as potentially weakening the country’s media environment.
In 2021, print and digital media were used on a daily basis by 217,000 residents (41.3% of the Luxembourg total population). The market share of L’Essentiel, the most successful of the free papers, had a market share of 29.9% (or 157,000 readers per day) in 2021. Luxemburger Wort (paper and digital) was read by 149,200 persons (28.4% of the population). L’Essentiel and Tageblatt (Luxembourg’s second-largest newspaper, with a market share of about 7.8%) are both published by Editpress, which is jointly owned by the socialist trade union OGBL and the Luxembourg Socialist Workers’ Party.
In 2021, RTL Télé Lëtzebuerg had no domestic competitors in the television market (with a market share of 22.6%), and remains well ahead in the radio market, despite the market’s liberalization in the early 1990s and the creation of the public broadcaster Radio 100,7 in 1993. RTL radio reaches the largest audience share (35%), while L’Essentiel Radio was the most listened-to radio service among foreign residents (20.8% daily coverage and 38.2% weekly coverage).
A considerable amount of foreign media is consumed, especially on television. TF1 (France), and ARD and ZDF (Germany) reach more than 10% of the Luxembourg population.
The most important online media presence in Luxembourg is RTL’s website, which represents all political views and is nonpartisan (217,000 readers per day, or 41.4%).
According to Media Pluralism Monitor 2020, women have less access to the media than do men (risk rating 81%). There are few women in key positions in the sector, and the Luxembourg public media service does not have a gender equality policy. Furthermore, women experts serve as invited guests on media programs less often do their male counterparts.
Another sensitive issue concentration and competition enforcement among online platforms (risk rating of 96%). The indicator addressing transparency of media ownership scores a medium level of risk (50%), as does the indicator measuring protection of the right to information (45%).
The media is independent of the government, but a wide range of mass media receive public subsidies. The press was particularly affected by the coronavirus crisis, and was therefore given a specific aid program by the government with the aim of “improving the quality of journalism and guaranteeing the pluralism of multilingual media.” A new law on subsidies to the press, covering both online media and written press, was adopted on 8 July 2021. Grants are composed of a fixed amount (€200,000) and a variable amount (€30,000 per professional full-time journalist). This aid is also open to monthly publications, the free press, “citizen media,” “emerging publishers” and startups in the sector.
Citations:
“Journalists association issues appeal following death threats “. RTL Today (07 January 2022). https://today.rtl.lu/news/luxembourg/a/1843608.html. Accessed 14 January 2022.
“2021 World Press Freedom Index.” Reporters Without Borders Report. (2021). https://rsf.org/en/2021-world-press-freedom-index-journalism-vaccine-against-dis information-blocked-more-130-countries. Accessed 14 January 2022.
“Financial support for professional journalism.” The Government of the Grand Duchy of Luxembourg. (8 July 2021). https://guichet.public.lu/en/entreprises/sectoriel/medias/subside-presse-en-ligne.html. Accessed on 14 January 2021.
” TNS-ILRES Plurimedia 2021-I.” Edita SA (21 June 2021). https://www.adada.lu/2021/06/plurimedia-2021-i-les-medias-de-lessentiel-touchent -232-000-personnes-par-jour-au-luxembourg/. Accessed 14 January 2022.
Kies, Raphaël; Hamdi, Mohamed. “Media Pluralism Monitor 2020 – Monitoring Media Pluralism in the Digital Era. Coutry Report: Luxembourg.” Cenre for Media Pluralism and Media Freedom. Research Project Report. Issue 2827. July 2021. https://cadmus.eui.eu/bitstream/handle/1814/71954/luxembourg_results_mpm_2021_cm pf.pdf?sequence=1. Accessed 14 January 2021.
“L’audience des médias luxembourgeois à la loupe.” Luxemburger Wort (12 May 2021). https://www.wort.lu/fr/luxembourg/l-audience-des-medias-luxembourgeois-a-la-loup e-609bca80de135b923600aeb4. Accessed 14 January 2022.
Règlement du Gouvernement en Conseil du 11 mars 2020 concernant le régime de promotion
transitoire du journalisme en ligne. http://legilux.public.lu/eli/etat/leg/rgc/2020/03/11/a176/jo. Accessed on 14 January 2022.
To what extent can citizens obtain official information?
10
9
9
Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
8
7
6
7
6
Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
5
4
3
4
3
Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
2
1
1
Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
Luxembourg has no freedom of information act or any equivalent legal regulation. In a report published in July 2021, the EU expressed concern over the lack of public access to official government documents in Luxembourg and the risk of a “selective” disclosure of information. In April 2021, the Luxembourg Association of Professional Journalists (ALJP) and its 10 partners, including the European Federation of Journalists (EFJ), launched the one-year campaign “Access to information now!”, advocating for improved access to information and transparency. ALJP stressed the necessity of amending the press law with an article compelling the authorities to provide information to the media within a specific time-frame.
Such a law has been a long-standing demand of media, journalist associations and many NGOs. It is worth noting that the so-called Circulaire Bettel (in force since 2016) forbids any civil servants from speaking to media. Communication with journalists has to pass exclusively through official designated spokespeople. In a meeting with the Association Luxembourgeoise des Journalistes Professionnels (ALJP) held in September 2021, the spokesperson for Media and Communication Minister Xavier Bettel “re-confirmed an openness to potentially revise the current methods of working in regards of access to information if and where deemed necessary […] together with the Press Council.” However, access to state-held information is not guaranteed, despite repeated requests from the journalists’ union, which opposes the withholding of public information by the authorities on the grounds of protecting personal data.
The above-mentioned EU report noted that Luxembourg’s “framework for the protection of journalists remains robust” and acknowledged the government’s measures in the past year to strengthen the independence of the media regulator, the ALIA (Autorité luxembourgeoise indépendante de l’audiovisuel).
The Information and Press Service (Service Information et Presse, SIP), created in 1944, is the body responsible for circulating communication from the Luxembourg government. It is attached to the Ministry of State, and is under the direct authority of the prime minister. The Department of Media, Connectivity and Digital Policy, which is also part of the Ministry of State of Luxembourg, supports the development of the media landscape and the high level of network connectivity.
Citations:
The Luxembourg Government. Department of Media, Connectivity and Digital Policy (2022). https://smc.gouvernement.lu/en/service.html. Accessed 14 January 2022.
“Bettel vows to improve press access to information.” Luxembourg Times (21.09.2021). https://www.luxtimes.lu/en/luxembourg/bettel-vows-to-improve-press-access-to-information-613b5526de135b9236f9a9da. Accessed 14 January 2022.
Association luxembourgeoise des journalistes, www.journalist.lu. Accessed 14 January 2022.
Such a law has been a long-standing demand of media, journalist associations and many NGOs. It is worth noting that the so-called Circulaire Bettel (in force since 2016) forbids any civil servants from speaking to media. Communication with journalists has to pass exclusively through official designated spokespeople. In a meeting with the Association Luxembourgeoise des Journalistes Professionnels (ALJP) held in September 2021, the spokesperson for Media and Communication Minister Xavier Bettel “re-confirmed an openness to potentially revise the current methods of working in regards of access to information if and where deemed necessary […] together with the Press Council.” However, access to state-held information is not guaranteed, despite repeated requests from the journalists’ union, which opposes the withholding of public information by the authorities on the grounds of protecting personal data.
The above-mentioned EU report noted that Luxembourg’s “framework for the protection of journalists remains robust” and acknowledged the government’s measures in the past year to strengthen the independence of the media regulator, the ALIA (Autorité luxembourgeoise indépendante de l’audiovisuel).
The Information and Press Service (Service Information et Presse, SIP), created in 1944, is the body responsible for circulating communication from the Luxembourg government. It is attached to the Ministry of State, and is under the direct authority of the prime minister. The Department of Media, Connectivity and Digital Policy, which is also part of the Ministry of State of Luxembourg, supports the development of the media landscape and the high level of network connectivity.
Citations:
The Luxembourg Government. Department of Media, Connectivity and Digital Policy (2022). https://smc.gouvernement.lu/en/service.html. Accessed 14 January 2022.
“Bettel vows to improve press access to information.” Luxembourg Times (21.09.2021). https://www.luxtimes.lu/en/luxembourg/bettel-vows-to-improve-press-access-to-information-613b5526de135b9236f9a9da. Accessed 14 January 2022.
Association luxembourgeoise des journalistes, www.journalist.lu. Accessed 14 January 2022.
Graph View
To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?
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9
9
All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
8
7
6
7
6
The state respects and protects rights, with few infringements. Courts provide protection.
5
4
3
4
3
Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
2
1
1
State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
Civil rights are officially protected in Luxembourg. All state institutions respect these rights, with a few exceptions. Four institutions are in charge of protecting civil rights: the Constitutional Court, an advisory board on human rights, the National Commission on Data Protection and a parliamentary ombudsman. However, the judiciary system’s slow processing of cases has led to concerns over due process and equitable treatment. The European Court of Human Rights in Strasbourg has reprimanded the country on several occasions because of delays in court proceedings. The mediation law grants a maximum of four months for processing, with the aim of speeding up administration procedures. The influence and the number of complaints to the ombudsman’s office continues to grow. The institution of the Ombudsman was launched in 2003. The Ombudsman has the mandate to mediate in disputes between citizens and public authorities. Thus, in some cases, a problem can be resolved before it goes to trial.
In the Global Freedom Index 2021, Luxembourg scored 97 out of a possible100, with a weighting of 38 out of a possible 40 for political rights, and 59 out of a possible 60 for political liberties.
Citations:
“Rapport annuel Ombudsman 2020.” Ministère de la Famille, de l’Intégration et de la Grande Région (2021). https://www.ombudsman.lu/EN/MGDL-001.php. Accessed 14 january 2022.
“Freedom in the world: Luxembourg 2021.” Freedom House (2021). https://freedomhouse.org/country/lu xembourg/freedom-world/2021. Accessed 14 January 2022.
Meyers, Paul-Henri/Lorig, Wolfgang H. (2019): Luxemburg, in: Arthur Benz/Stephan Bröchler/Hans-Joachim Lauth (eds.), Handbuch der europäischen Verfassungsgeschichte im 20. Jahrhundert. Institutionen und Rechtspraxis im gesellschaftlichen Wandel, Band 5: seit 1989, Bonn, S. 393 - 416.
In the Global Freedom Index 2021, Luxembourg scored 97 out of a possible100, with a weighting of 38 out of a possible 40 for political rights, and 59 out of a possible 60 for political liberties.
Citations:
“Rapport annuel Ombudsman 2020.” Ministère de la Famille, de l’Intégration et de la Grande Région (2021). https://www.ombudsman.lu/EN/MGDL-001.php. Accessed 14 january 2022.
“Freedom in the world: Luxembourg 2021.” Freedom House (2021). https://freedomhouse.org/country/lu xembourg/freedom-world/2021. Accessed 14 January 2022.
Meyers, Paul-Henri/Lorig, Wolfgang H. (2019): Luxemburg, in: Arthur Benz/Stephan Bröchler/Hans-Joachim Lauth (eds.), Handbuch der europäischen Verfassungsgeschichte im 20. Jahrhundert. Institutionen und Rechtspraxis im gesellschaftlichen Wandel, Band 5: seit 1989, Bonn, S. 393 - 416.
To what extent does the state concede and protect political liberties?
10
9
9
All state institutions concede and effectively protect political liberties.
8
7
6
7
6
All state institutions for the most part concede and protect political liberties. There are only few infringements.
5
4
3
4
3
State institutions concede political liberties but infringements occur regularly in practice.
2
1
1
Political liberties are unsatisfactory codified and frequently violated.
In the Democracy Index Report 2020, Luxembourg was ranked 13th worldwide (with an average score of 8.68 out of 10) and was regarded as a full democracy. The three-top ranking countries were Norway (9.81), Iceland (9.37) and Sweden (9.26).
No infringements of citizens’ rights to speak, assemble, organize, worship or petition occurred during the period under review. Political freedoms are guaranteed. All groups of society are depicted in the media and can be heard. Xenophobia and anti-Semitism are consistently punished by the courts. There are restrictions on civil servants’ freedom of expression, even when a civil servant represents civil society. Sanctions against civil servants were lifted by the courts during the period under review.
However, the 2020 report “Coronavirus Pandemic in the EU – Fundamental Rights Implications,” which was drafted by the EU Agency for Fundamental Rights and the University of Luxembourg, stressed that the coronavirus outbreak has generally limited the citizens’ access to courts, and seriously affected particular groups such as homeless, older people and detainees.
Citations:
“Democracy Index 2020. In sickness and in health?.” The Economist (February 2021). https://pages.eiu.com/rs/753-RIQ-438/images/democracy-index-2020.pdf?mkt_tok=NjIyLUxNRS03MTgAAAAAYVax8IwqLIZVtbRhWvTRSBdAuvQeFuFAnG6c5odTKTHe813J-OVEjC6czHiW. Accessed 14 January 2022.
“Coronavirus pandemic in the EU – Fundamental Rights Implications. Country: Luxembourg.” European Union Agency for Fundamental Rights (FRA) & University of Luxembourg. (4 May 2020).
No infringements of citizens’ rights to speak, assemble, organize, worship or petition occurred during the period under review. Political freedoms are guaranteed. All groups of society are depicted in the media and can be heard. Xenophobia and anti-Semitism are consistently punished by the courts. There are restrictions on civil servants’ freedom of expression, even when a civil servant represents civil society. Sanctions against civil servants were lifted by the courts during the period under review.
However, the 2020 report “Coronavirus Pandemic in the EU – Fundamental Rights Implications,” which was drafted by the EU Agency for Fundamental Rights and the University of Luxembourg, stressed that the coronavirus outbreak has generally limited the citizens’ access to courts, and seriously affected particular groups such as homeless, older people and detainees.
Citations:
“Democracy Index 2020. In sickness and in health?.” The Economist (February 2021). https://pages.eiu.com/rs/753-RIQ-438/images/democracy-index-2020.pdf?mkt_tok=NjIyLUxNRS03MTgAAAAAYVax8IwqLIZVtbRhWvTRSBdAuvQeFuFAnG6c5odTKTHe813J-OVEjC6czHiW. Accessed 14 January 2022.
“Coronavirus pandemic in the EU – Fundamental Rights Implications. Country: Luxembourg.” European Union Agency for Fundamental Rights (FRA) & University of Luxembourg. (4 May 2020).
How effectively does the state protect against different forms of discrimination?
10
9
9
State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
8
7
6
7
6
State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
5
4
3
4
3
State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
2
1
1
The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
The law of 28 November 2006 on equal treatment condemns discrimination. This applies to all public or private, natural or legal persons, including public bodies.
The Centre for Equal Treatment (Centre pour l’égalité de traitement, CET) was created on 28 November 2006. The CET carries out its work independently. Its purpose is to promote, analyze and monitor equal treatment between all persons without discrimination based on race, ethnicity, sex, sexual orientation, religion or beliefs, disability or age.
In its annual report, the CET highlighted that among the 203 discrimination cases handled in 2020, 49 were focused on people with disabilities, 44 were based on race or ethnicity, 39 dealt with gender discrimination, 12 with sexual orientation, eight with religion and six with age. In addition, 14 cases belonged to the “multiple discrimination” category and 31 to the “other” category. A total of 42 cases were still in progress, while 45 other cases emerged in 2021 related to job offers that did not respect the guidelines for equal treatment.
The Chamber of Employees (Chambre des Salariés) has created the website discrimination.csl.lu, which is entirely dedicated to the issue of discrimination in the workplace, including the legal framework and means of action in the field.
In June 2021, the Luxembourg Institute of Socioeconomic Research (LISER) and the Ministry of Family Affairs, Integration and the Greater Region launched a national survey on racism and ethno-racial discrimination in the country in order to better understand how discrimination due to skin color, nationality, country of origin, surname, religion and so on are rooted in daily life in Luxembourg. The large-scale survey will gather the opinions of adult residents on this issue.
Citations:
“Launch of a national survey on racism and ethno-racial discrimination in Luxembourg.” LISER (18 June 2021). https://www.liser.lu/?type=news&id=2141. Accessed 14 January 2022.
“Centre for Equal Treatment.” RTL Today (8 April 2021). https://today.rtl.lu/news/luxembourg/a/1702399.html. Accessed 14 January 2022.
The Centre for Equal Treatment (Centre pour l’égalité de traitement, CET) was created on 28 November 2006. The CET carries out its work independently. Its purpose is to promote, analyze and monitor equal treatment between all persons without discrimination based on race, ethnicity, sex, sexual orientation, religion or beliefs, disability or age.
In its annual report, the CET highlighted that among the 203 discrimination cases handled in 2020, 49 were focused on people with disabilities, 44 were based on race or ethnicity, 39 dealt with gender discrimination, 12 with sexual orientation, eight with religion and six with age. In addition, 14 cases belonged to the “multiple discrimination” category and 31 to the “other” category. A total of 42 cases were still in progress, while 45 other cases emerged in 2021 related to job offers that did not respect the guidelines for equal treatment.
The Chamber of Employees (Chambre des Salariés) has created the website discrimination.csl.lu, which is entirely dedicated to the issue of discrimination in the workplace, including the legal framework and means of action in the field.
In June 2021, the Luxembourg Institute of Socioeconomic Research (LISER) and the Ministry of Family Affairs, Integration and the Greater Region launched a national survey on racism and ethno-racial discrimination in the country in order to better understand how discrimination due to skin color, nationality, country of origin, surname, religion and so on are rooted in daily life in Luxembourg. The large-scale survey will gather the opinions of adult residents on this issue.
Citations:
“Launch of a national survey on racism and ethno-racial discrimination in Luxembourg.” LISER (18 June 2021). https://www.liser.lu/?type=news&id=2141. Accessed 14 January 2022.
“Centre for Equal Treatment.” RTL Today (8 April 2021). https://today.rtl.lu/news/luxembourg/a/1702399.html. Accessed 14 January 2022.
Graph View
To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?
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9
9
Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
8
7
6
7
6
Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
5
4
3
4
3
Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
2
1
1
Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
While Luxembourg is a constitutional state, citizens are sometimes confronted with judicial vagueness or even a lack of legal guidance in administrative issues. Luxembourg’s administrative culture is based on pragmatism and common sense. This means that some matters are decided on an ad hoc basis, rather than with reference to official or established rules. Most people seem to accept this, trusting that the prevalent legal flexibility leads to regulations or compromises that favor their own interests. Thus, the interpretation of laws can vary.
Discrimination on the basis of race, religion, disability, age, sex, gender identity or sexual orientation is prohibited by law. The rights of LGBT+ people are generally protected and respected. In recent years, women have increased their participation in working life, and have benefited from reductions in the gender pay gap.
Citations:
“Press release by the Prime Minister, Minister of State, on the result of the signature collection for a referendum on the proposal to revise Chapter VI of the Constitution.” Official elections website of the Grand Duchy of Luxembourg (5 January 2022). https://elections.public.lu/en/actualites/2022/resultat-signatures-referendum.ht ml. Accessed 14 January 2022.
Trausch, Gilbert (2008): “Die historische Entwicklung des Großherzogtums – ein Essay,” in: Wolfgang H. Lorig/Mario Hirsch (eds.): Das politische System Luxemburgs: Eine Einführung, Wiesbaden, pp. 13–30.
Discrimination on the basis of race, religion, disability, age, sex, gender identity or sexual orientation is prohibited by law. The rights of LGBT+ people are generally protected and respected. In recent years, women have increased their participation in working life, and have benefited from reductions in the gender pay gap.
Citations:
“Press release by the Prime Minister, Minister of State, on the result of the signature collection for a referendum on the proposal to revise Chapter VI of the Constitution.” Official elections website of the Grand Duchy of Luxembourg (5 January 2022). https://elections.public.lu/en/actualites/2022/resultat-signatures-referendum.ht ml. Accessed 14 January 2022.
Trausch, Gilbert (2008): “Die historische Entwicklung des Großherzogtums – ein Essay,” in: Wolfgang H. Lorig/Mario Hirsch (eds.): Das politische System Luxemburgs: Eine Einführung, Wiesbaden, pp. 13–30.
To what extent do independent courts control whether government and administration act in conformity with the law?
10
9
9
Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
8
7
6
7
6
Independent courts usually manage to control whether the government and administration act in conformity with the law.
5
4
3
4
3
Courts are independent, but often fail to ensure legal compliance.
2
1
1
Courts are biased for or against the incumbent government and lack effective control.
Luxembourg’s judiciary is largely independent of government influence. Judges are appointed by the Grand Duke and enjoy the security of lifetime tenure. In 2020, the Chamber of Deputies debated a constitutional amendment strengthening the independence of judiciary. A Council of Justice was subsequently created with the responsibility of nominating candidates for all judicial posts and establishing ethical standards for judges.
Courts are overloaded, understaffed and slow, taking far too long to settle cases brought before them. The government has begun to address this problem by hiring more judges. Since the creation of independent administrative courts and the Constitutional Court nearly 20 years ago, the number of pending cases has considerably increased. The European Court of Human Rights in Strasbourg frequently criticizes Luxembourg for its lengthy legal procedures.
Legal education, jurisprudence, the regulation of judicial appointments, rational proceedings, professionalism, channels of appeal and court administration are all well established and working. Independence is guaranteed. Citizens in Luxembourg cannot file a constitutional complaint, as citizens can in Germany, for instance. Many citizens in Luxembourg are annoyed that they cannot understand the laws and procedures in court. Many people are not familiar with the standard French used in court. The bad acoustics in Luxembourg City’s courtrooms present another problem. Visitors and journalists regularly fail to understand what is being said in the hall because microphones are not used. The international press has also covered this embarrassing state of affairs.
Since early 2021, the Ministry of Justice has been pursuing an efficiency program aimed at making country’s judicial system faster and more effective. The law of 15 July brought a major reform by implementing the New Code of Civil Procedure with the goal of boosting and simplifying the procedural rules in civil and commercial matters. These long-awaited adjustments are intended to relieve congestion in the district courts, increase the efficiency of court proceedings and enhance the country’s business attractiveness.
The coronavirus pandemic has given a boost to the five-year “paperless justice” project that has been under way since 2018, and which is aimed at integrating digital tools into the justice system, as has been done in France and Belgium. Courts, in cooperation with the Bar Association, have improved digital exchanges and communications. However, the implementation of this project is currently behind schedule.
In January 2022, the minister of justice presented Draft Law 7945 transposing the EU Directive 2019/1937) on the protection of persons who report breaches of law (whistleblowers). The draft law establishes an office for whistleblowing notifications, principally to inform potential whistleblowers of the relevant procedures, and to guide them through the process.
Citations:
“Rule of Law Report. Luxembourg: 2021.” European Commission (2021). https://ec.europa.eu/info/sites/default/files/lu-input.pdf. Accessed 14 january 2022.
“Coronavirus pandemic in the EU –Fundamental Rights Implications: Luxembourg.” European Union Agency for Fundamental Rights & University of Luxembourg (4 May 2022).
Trausch, Gilbert (2008): “Die historische Entwicklung des Großherzogtums – ein Essay,” in: Wolfgang H. Lorig/Mario Hirsch (eds.): Das politische System Luxemburgs: Eine Einführung, Wiesbaden, pp. 13–30.
Zenthöfer, Jochen: “Ein Prozess wie im Stummfilm,” Frankfurter Allgemeine Zeitung, 11 April 2017. http://www.faz.net/aktuell/feuilleton/debatten/prozess-gegen-holocaustleugner-in -luxemburg-14966362.html. Accessed 22 Oct. 2018.
Sam Tanson a présenté le projet de loi relatif à la protection des personnes qui signalent des violations du droit de l’Union européenne “. Le Gouvernement luxembourgeois (12 January 2022). https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2022/01-janv ier/12-tanson-projet-loi-ue.html. Accessed 14 January 2022.
“Projet de Loi 7945.” https://gouvernement.lu/dam-assets/documents/actualites/2022/01-janvier/12-tanso n-projet-loi-ue/Projet-loi-nr7945.pdf. Accessed 14 January 2022.
“The Law of 15 July 2021 reinforcing the efficiency of the administration of civil and commercial justice – a substantial amendment to the New Civil Procedure Code.” https://www.dsm.legal/en/the-law-of-15-july-2021-reinforcing-the-efficiency-of-t he-administration-of-civil-and-commercial-justice-a-substantial-amendment-to-the -new-civil-procedure-code/. Accessed 14 January 2022.
Courts are overloaded, understaffed and slow, taking far too long to settle cases brought before them. The government has begun to address this problem by hiring more judges. Since the creation of independent administrative courts and the Constitutional Court nearly 20 years ago, the number of pending cases has considerably increased. The European Court of Human Rights in Strasbourg frequently criticizes Luxembourg for its lengthy legal procedures.
Legal education, jurisprudence, the regulation of judicial appointments, rational proceedings, professionalism, channels of appeal and court administration are all well established and working. Independence is guaranteed. Citizens in Luxembourg cannot file a constitutional complaint, as citizens can in Germany, for instance. Many citizens in Luxembourg are annoyed that they cannot understand the laws and procedures in court. Many people are not familiar with the standard French used in court. The bad acoustics in Luxembourg City’s courtrooms present another problem. Visitors and journalists regularly fail to understand what is being said in the hall because microphones are not used. The international press has also covered this embarrassing state of affairs.
Since early 2021, the Ministry of Justice has been pursuing an efficiency program aimed at making country’s judicial system faster and more effective. The law of 15 July brought a major reform by implementing the New Code of Civil Procedure with the goal of boosting and simplifying the procedural rules in civil and commercial matters. These long-awaited adjustments are intended to relieve congestion in the district courts, increase the efficiency of court proceedings and enhance the country’s business attractiveness.
The coronavirus pandemic has given a boost to the five-year “paperless justice” project that has been under way since 2018, and which is aimed at integrating digital tools into the justice system, as has been done in France and Belgium. Courts, in cooperation with the Bar Association, have improved digital exchanges and communications. However, the implementation of this project is currently behind schedule.
In January 2022, the minister of justice presented Draft Law 7945 transposing the EU Directive 2019/1937) on the protection of persons who report breaches of law (whistleblowers). The draft law establishes an office for whistleblowing notifications, principally to inform potential whistleblowers of the relevant procedures, and to guide them through the process.
Citations:
“Rule of Law Report. Luxembourg: 2021.” European Commission (2021). https://ec.europa.eu/info/sites/default/files/lu-input.pdf. Accessed 14 january 2022.
“Coronavirus pandemic in the EU –Fundamental Rights Implications: Luxembourg.” European Union Agency for Fundamental Rights & University of Luxembourg (4 May 2022).
Trausch, Gilbert (2008): “Die historische Entwicklung des Großherzogtums – ein Essay,” in: Wolfgang H. Lorig/Mario Hirsch (eds.): Das politische System Luxemburgs: Eine Einführung, Wiesbaden, pp. 13–30.
Zenthöfer, Jochen: “Ein Prozess wie im Stummfilm,” Frankfurter Allgemeine Zeitung, 11 April 2017. http://www.faz.net/aktuell/feuilleton/debatten/prozess-gegen-holocaustleugner-in -luxemburg-14966362.html. Accessed 22 Oct. 2018.
Sam Tanson a présenté le projet de loi relatif à la protection des personnes qui signalent des violations du droit de l’Union européenne “. Le Gouvernement luxembourgeois (12 January 2022). https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2022/01-janv ier/12-tanson-projet-loi-ue.html. Accessed 14 January 2022.
“Projet de Loi 7945.” https://gouvernement.lu/dam-assets/documents/actualites/2022/01-janvier/12-tanso n-projet-loi-ue/Projet-loi-nr7945.pdf. Accessed 14 January 2022.
“The Law of 15 July 2021 reinforcing the efficiency of the administration of civil and commercial justice – a substantial amendment to the New Civil Procedure Code.” https://www.dsm.legal/en/the-law-of-15-july-2021-reinforcing-the-efficiency-of-t he-administration-of-civil-and-commercial-justice-a-substantial-amendment-to-the -new-civil-procedure-code/. Accessed 14 January 2022.
To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?
10
9
9
Justices are appointed in a cooperative appointment process with special majority requirements.
8
7
6
7
6
Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
5
4
3
4
3
Justices are exclusively appointed by different bodies without special majority requirements.
2
1
1
All judges are appointed exclusively by a single body irrespective of other institutions.
The Constitutional Court of Luxembourg is composed of nine members, all of whom are professional judges. They are appointed by the Grand Duke upon the recommendation of the members of the Superior Court of Justice and the Administrative Court of Appeals, who gather in a joint meeting convened by the president of the Superior Court of Justice. However, the members of these two bodies are appointed by the Grand Duke on the recommendation of the Courts themselves, so their recommendations cannot be viewed as entirely independent. This principle is enshrined in Article 90 of the constitution and has never been questioned. It gives a great degree of independence to the Constitutional Court, as well as to the Superior Court of Justice and the Administrative Court of Appeals.
Luxembourg’s constitutional reform calls for the creation of a Supreme Justice Council. This new institution, which will not be a supreme court in the purest sense of the word, is aimed at ensuring the independence of the judiciary and protecting the separation of powers. The council will be composed of six judges, including the president or another judge of the supreme court, the state prosecutor or another judge of the public prosecutor’s office, and the president of the administrative court or another judge of that court. In addition, one lawyer will sit on the council as well as two people nominated by parliament based on their skills and expertise in the field, but who are not directly affiliated with the courts.
Citations:
Sauer, Carola. “Luxembourg’s constitutional crescendo: will incremental reforms succeed where overhaul failed?” (28 Occtober 2021). https://constitutionnet.org/news/luxembourgs-constitutional-crescendo-will-incremental-reforms-succeed-where-overhaul-failed. Accessed 14 January 2022.
“Court and tribunals.” The Government of Grand Duchy of Luxembourg. https://gouvernement.lu/en/systeme-politique/cours-tribunaux.html. Accessed 14 January 2022.
Loi du 27 juillet 1997 portant organization de la Cour Constitutionnelle.
Loi du 7 novembre 1996 portant organization des juridictions de l’ordre administratif.
Loi du 1er juillet 2005 arrêtant un programme pluriannuel de recrutement dans le cadre de l’organisation judiciaire.
Organisation judiciaire, Textes coordonnés Avril 2009.
Luxembourg’s constitutional reform calls for the creation of a Supreme Justice Council. This new institution, which will not be a supreme court in the purest sense of the word, is aimed at ensuring the independence of the judiciary and protecting the separation of powers. The council will be composed of six judges, including the president or another judge of the supreme court, the state prosecutor or another judge of the public prosecutor’s office, and the president of the administrative court or another judge of that court. In addition, one lawyer will sit on the council as well as two people nominated by parliament based on their skills and expertise in the field, but who are not directly affiliated with the courts.
Citations:
Sauer, Carola. “Luxembourg’s constitutional crescendo: will incremental reforms succeed where overhaul failed?” (28 Occtober 2021). https://constitutionnet.org/news/luxembourgs-constitutional-crescendo-will-incremental-reforms-succeed-where-overhaul-failed. Accessed 14 January 2022.
“Court and tribunals.” The Government of Grand Duchy of Luxembourg. https://gouvernement.lu/en/systeme-politique/cours-tribunaux.html. Accessed 14 January 2022.
Loi du 27 juillet 1997 portant organization de la Cour Constitutionnelle.
Loi du 7 novembre 1996 portant organization des juridictions de l’ordre administratif.
Loi du 1er juillet 2005 arrêtant un programme pluriannuel de recrutement dans le cadre de l’organisation judiciaire.
Organisation judiciaire, Textes coordonnés Avril 2009.
To what extent are public officeholders prevented from abusing their position for private interests?
10
9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
8
7
6
7
6
Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
5
4
3
4
3
Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
In the 2020 Corruption Perception Index released by Transparency International, Luxembourg was ranked ninth among 180 countries, with a score of 80 out of a possible 100. New Zealand and Denmark (both 88 out of 100) came in at first place, while Finland, Switzerland, Singapore and Sweden (85/100) share second place. Belgium ranked 15th and France 23rd.
In general, corruption is not tolerated in Luxembourg. However, because small gifts may be accepted in some parts of the public administration, a code of conduct for all public servants seems to be necessary. Informal conversations between individual political parties, related officials and representatives of certain economic sectors (e.g., finance and construction) are common.
Political party financing is regulated by law. The names of donors are published. Donations to political parties in Luxembourg are rather uncommon. However, public officials such as ministers often donate a part of their salaries to their parties.
In December 2021, the Chamber of Deputies created for its members a mandatory transparency register. The Group of States against Corruption (GRECO) had pointed out the absence of such a transparency register. Thus, members of parliament are obliged to reveal which interest group representatives they meet. The register is expected to give citizens an overview as well as an indication of where each member of parliament gets their policy proposals from.
Citations:
“Abgeordnete verabschieden Transparenzregister.” Reporter.lu (10 December 2021). https://www.reporter.lu/luxemburg-parlament-verabschiedet-transparenzregister/. Accessed 8 February 2022.
“Corruption Perceptions Index: 2020.” Transparency International (February 2021). https://www.transparency.org/en/cpi/2020/index/nzl. Accessed 14 January 2022.
“Luxembourg Corruption Report.” Risk&Compliance Portal (June 2020). https://www.ganintegrity.com/portal/country-profiles/luxembourg/. Accessed 14 January 2022.
GRECO, “Fourth evaluation round. Corruption prevention in respect of members of parliament, judges and prosecutors. Second compliance report. Luxembourg.” https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/1680a0424d. Accessed 8 February 2022.
In general, corruption is not tolerated in Luxembourg. However, because small gifts may be accepted in some parts of the public administration, a code of conduct for all public servants seems to be necessary. Informal conversations between individual political parties, related officials and representatives of certain economic sectors (e.g., finance and construction) are common.
Political party financing is regulated by law. The names of donors are published. Donations to political parties in Luxembourg are rather uncommon. However, public officials such as ministers often donate a part of their salaries to their parties.
In December 2021, the Chamber of Deputies created for its members a mandatory transparency register. The Group of States against Corruption (GRECO) had pointed out the absence of such a transparency register. Thus, members of parliament are obliged to reveal which interest group representatives they meet. The register is expected to give citizens an overview as well as an indication of where each member of parliament gets their policy proposals from.
Citations:
“Abgeordnete verabschieden Transparenzregister.” Reporter.lu (10 December 2021). https://www.reporter.lu/luxemburg-parlament-verabschiedet-transparenzregister/. Accessed 8 February 2022.
“Corruption Perceptions Index: 2020.” Transparency International (February 2021). https://www.transparency.org/en/cpi/2020/index/nzl. Accessed 14 January 2022.
“Luxembourg Corruption Report.” Risk&Compliance Portal (June 2020). https://www.ganintegrity.com/portal/country-profiles/luxembourg/. Accessed 14 January 2022.
GRECO, “Fourth evaluation round. Corruption prevention in respect of members of parliament, judges and prosecutors. Second compliance report. Luxembourg.” https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/1680a0424d. Accessed 8 February 2022.