Adopted on: ۱۷ Oct ۱۸۶۸
Chapter I The State٫ its Territory٫ and the Grand Duke
Article ۱ [Independent State]
The Grand Duchy of Luxembourg is a democratic٫ free٫ independent٫ and
indivisible State.
Article ۲ [Boundaries]
The boundaries and chief towns of judicial or administrative districts and of
cantons and communes may only be changed pursuant to a law.
Article ۳ [Hereditary Crown]
The Crown of the Grand Duchy is hereditary in the Nassau family in accordance
with the Pact of ۳۰ June ۱۷۸۳٫ Article ۷۱ of the Treaty of Vienna of ۹ June
۱۸۱۵٫ and Article ۱ of the Treaty of London of ۱۱ May ۱۸۶۷.
Article ۴ [Grand Duke]
The person of the Grand Duke is inviolable.
Article ۵ [Majority and Oath of the Grand Duke]
(۱) The Grand Duke of Luxembourg attains his majority on the completion of
eighteen years of age. On assuming the reins of government٫ he shall take the
following oath as soon as possible٫ in the presence of the Chamber of Deputies
or of a deputation appointed by it:
(۲) "I swear to observe the Constitution and the laws of the Grand Duchy of
Luxembourg٫ to maintain the national independence and integrity of the
territory٫ as well as public and individual liberties."
Article ۶ [Succession of Minors]
If on the death of the Grand Duke his successor is a minor the regency shall be
exercised in accordance with the Family Pact.
Article ۷ [Inability]
(۱) If the Grand Duke finds he is unable to reign٫ the regency shall be ensured
as in the case of minority.
(۲) Should the Throne become vacant٫ the Chamber shall make temporary
arrangements for the regency. A new Chamber٫ to be summoned with double the
customary number of members within thirty days٫ shall take the final steps to
fill the vacancy.
Article ۸ [Oath of the Regent]
(۱) On taking up his functions the Regent shall take the following oath:
(۲) "I swear to be faithful to the Grand Duke; I swear to observe the
Constitution and the laws of the country."
Chapter II Luxembourgers and Their Rights
Article ۹ [Citizenship٫ Political Rights]
(۱) The status of Luxembourger shall be acquired٫ retained٫ and lost in
accordance with the rules determined by civil law.
(۲) The Constitution and the other laws relating to political rights determine
what conditions in addition to this status are necessary for the exercise of
these rights.
(۳) By way of derogation from the preceding paragraph٫ the law may confer the
exercise of political rights to non-Luxembourgers.
Article ۱۰ [Naturalization]
(۱) Naturalization is granted by the legislature.
(۲) The law determines the effects of naturalization.
Article ۱۱ [Basic Rights]
(۱) There is no distinction of orders in the State.
(۲) Luxembourgers are equal before the law; they alone are eligible for
civil and military service٫ save as the law may in particular cases otherwise
provide.
(۳) The State guarantees the natural rights of the individual and of the
family.
(۴) The law guarantees the right to work and assure to every citizen the
exercise of this right.
(۵) The law organizes the social security٫ health protection٫ and rest of
workers and guarantee the freedom of trade unionnns.
(۶) The law guarantees freedom of trade and industry٫ the exercise of the
professions and of agricultural labor٫ subject to any restrictions that may be
imposed by the legislature.
Article ۱۲ [Individual Freedom]
Individual freedom shall be guaranteed. No one may be prosecuted except for the
cases and according to the procedure laid down by the law. Except in flagrante
delicto٫ no one may be arrested without the reasoned order of the judge served
at the time of arrest or within twenty four hours at the latest.
Article ۱۳ [Legal Judge]
No one may be deprived٫ against his will٫ of the Judge assigned to him by the
law.
Article ۱۴ [Nulla Poena Sine Lege]
No penalty may be fixed or applied except in pursuance of the law.
Article ۱۵ [Home]
The home is inviolable. No domiciliary visit may be made except in cases and
according to the procedure laid down by the law.
Article ۱۶ [Property٫ Compensation]
No one may be deprived of his property except on grounds of public interest in
cases and in the manner laid down by the law and in consideration of prior and
just compensation.
Article ۱۷ [No Confiscation]
Confiscation of property as a penalty may not be instituted.
Article ۱۸ [Abolished Penalties]
The death penalty on political grounds and civil death and branding are hereby
abolished.
Article ۱۹ [Freedom of Religion]
Freedom of religion and of public worship as well as freedom to express
one''s religious opinions are guaranteed٫ subject to the repression of
offenses committed in the exercise of such freedoms.
Article ۲۰ [No Forced Religion]
No one may be forced to take part in any way whatsoever in the acts and
ceremonies of a religion or to observe its days of rest.
Article ۲۱ [Civil Marriage]
Civil marriage must always precede the nuptial benediction.
Article ۲۲ [State and Church]
The State''s intervention in the appointment and installation of heads of
religions٫ the mode of appointing and dismissing other ministers of religion٫
the right of any of them to correspond with their superiors and to publish
their acts and decisions٫ as well as the Church''s relations with the State
shall be made the subject of conventions to be submitted to the Chamber of
Deputies for the provisions governing its intervention.
Article ۲۳ [Education٫ Health]
(۱) The State ensures that every Luxembourger receives primary education which
is compulsory and provided free of charrrge. Medical and social assistance is
regulated by the law.
(۲) The State sets up secondary educational establishments and the necessary
courses of higher education. It also establishes free vocational training
courses.
(۳) The law determines the means of supporting State education and the
conditions under which it is to be supervised by the Government and the
communes; it also regulates all educational matters and createees a fund
for the exceptionally gifted.
(۴) Every Luxembourger is free to pursue his studies in the Grand Duchy or
abroad and to attend universities of his own choosing٫ subject to the
provisions of the law concerning admission to employment and the exercise of
certain callings.
Article ۲۴ [Expression]
Freedom of speech in all matters and freedom of the press is guaranteed٫
subject to the repression of offenses committed in the exercise of these
freedoms. No censorship may ever be introduced. Security may not be demanded of
writers٫ publishers٫ or printers. Stamp duty on native journals and periodicals
is hereby abolished. No publisher٫ printer٫ or distributor may be prosecuted if
the author is known٫ if he is a Luxembourger٫ and resident in the Grand Duchy.
Article ۲۵ [Assembly]
Luxembourgers have the right to assemble peaceably and unarmed in compliance
with the laws governing the exercise of this right which may not require prior
authorization. This provision does not apply to open-air political٫ religious٫
or other meetings which are fully governed by laws and police regulations.
Article ۲۶ [Association]
Luxembourgers enjoy freedom of association. This right shall not be made
subject to any prior authorization.
Article ۲۷ [Petition]
Everyone has the right to address petitions signed by one or more persons to
the public authorities. Only constituted authorities have the right to address
petitions collectively.
Article ۲۸ [Correspondence]
(۱) The secrecy of correspondence is inviolable. The law determines the agents
responsible for the violation of the secrecy of correspondence entrusted to the
postal services.
(۲) The law determines the guarantee to be afforded to the secrecy of
telegrams.
Article ۲۹ [Language]
The law shall regulate the use of languages in administrative and
judicial matters.
Article ۳۰ [Proceedings Against Public Officials]
No prior authorization is required for instituting proceedings against public
officials for their administrative acts٫ except as provided for in respect of
members of the Government.
Article ۳۱ [Punishment of Public Officials]
Public officials٫ to whatever order they may belong٫ members of the Government
excepted٫ may be deprived of their office٫ honors٫ and pensions only in the
manner laid down by law.
Chapter III Sovereign Power
[Section ۰ General Provision]
Article ۳۲ [Sovereign Power]
(۱) The sovereign power resides in the Nation.
(۲) The Grand Duke exercises it in compliance with this Constitution and the
laws of the country.
(۳) He shall has no powers other than those formally vested in him by the
Constitution and the special laws passed pursuant to the Constitution٫ without
prejudice to Article ۳.
Section ۱ The Grand Duke''s Prerogative
Article ۳۳ [execccutive Power]
The Grand Duke is the head of the State٫ the symbol of its unity and the
guarantee of national independence. He exercises the execccutive power in
conformity with the Constitution and the laws of the country.
Article ۳۴ [Sanctioning and Promulgation of Laws]
The Grand Duke sanctions and promulgates the laws. He makes his resolve known
within three months of the vote in the Chamber.
Article ۳۵ [Appointments]
(۱) The Grand Duke appoints to civil and military posts٫ in compliance with and
subject to any exceptions made by the law.
(۲) No office remunerated by the State may be createeed other than in
pursuance of a legislative provision.
Article ۳۶ [Regulations and Orders]
The Grand Duke enacts the regulations and orders necessary for carrying laws
into effect٫ but he may never suspend the laws themselves or dispense with
their enforcement.
Article ۳۷ [Treaties]
(۱) The Grand Duke concludes treaties. These do not come into effect until they
have been sanctioned by law and published in the manner laid down for the
publication of laws.
(۲) The treaties referred to in Chapter III٫ Section ۴٫ Article ۴۹a٫ are
sanctioned by a law voted under the conditions laid down in Article ۱۱۴ (۵).
(۳) Secret treaties are abolished.
(۴) The Grand Duke enacts the regulations and orders necessary for carrying the
treaties into effect in accordance with the procedure governing measures for
the execccution of laws and with the effects attaching to such measures٫
without prejudice to matters reserved to the law by the Constitution.
(۵) No cession٫ exchange٫ or adjunction of territory is effected except
pursuant to a law.
(۶) The Grand Duke commands the armed force; he declares war and the
cessation of hostilities after havinggg been authorized by a vote in the
Chamber taken under the conditions laid down in Article ۱۱۴ (۵).
Article ۳۸ [Pardon]
The Grand Duke has the right to remit or reduce penalties awarded by the
judges٫ except as provided for in respect of members of the Government.
Article ۳۹ [Minting Money]
The Grand Duke has the right to mint money in pursuance of the law.
Article ۴۰ [Awarding Titles and Nobility]
The Grand Duke has the right to bestow titles of nobility without being able to
attach any privilege to them.
Article ۴۱ [Awarding Orders]
The Grand Duke confers civil and military orders٫ while complying with the
provisions of the law.
Article ۴۲ [Prince]
(۱) The Grand Duke may have Himself represented by a Prince of the blood٫ who
shall bear the title of Lieutenant of the Grand Duke and reside in the Grand
Duchy.
(۲) This representative shall take an oath to observe the Constitution before
entering upon the exercise of his powers.
Article ۴۳ [Remuneration]
(۱) The Civil List is fixed at three hundred thousand gold francs a year.
(۲) It may be changed by law at the beginning of each reign. The budget law may
allocate each year to the Sovereign Household the sums needed to cover
representation expenses.
Article ۴۴ [Residence]
The Grand Ducal Palace in Luxembourg and the Chateau de Berg are reserved for
the residence of the Grand Duke.
Article ۴۵ [Countersignature]
All provisions of the Grand Duke require the countersignature of a responsible
member of the Government.
Section ۲ Legislature
Article ۴۶ [Chamber of Deputies]
Each law requires the assent of the Chamber of Deputies.
Article ۴۷ [Proposing Bills]
(۱) The Grand Duke addresses to the Chamber the proposals or bills of law he
wishes to submit for adoption.
(۲) The Chamber has the right to propose Government Bills to the Grand Duke.
Article ۴۸ [Authoritative Interpretation]
The interpretation of laws by way of authority may only be effected through the
law.
Section ۳ Judiciary
Article ۴۹ [Judgments]
(۱) Justice is rendered in the name of the Grand Duke by the courts and the
tribunals.
(۲) Judgments and decisions are enforced in the name of the Grand Duke.
Article ۴۹bis [International Institutions]
The exercise of the powers reserved by the Constitution to the
legislature٫ execccutive٫ and judiciary may be temporarily vested by treaty in
institutions governed by international law.
Chapter IV Chamber of Deputies
Article ۵۰ [Representation]
The Chamber of Deputies represents the country. Deputies vote without referring
to their constituents and may have in view only the general interests of the
Grand Duchy.
Article ۵۱ [Parliamentary Democracy٫ Election٫ Referendum]
(۱) The Grand Duchy of Luxembourg is ruled by a system of parliamentary
democracy.
(۲) The organization of the Chamber is regulated by law.
(۳) The Chamber is composed of ۶۰ deputies. A law passed under the provisions
of Article ۱۱۴ (۵) sets the number of deputies to be elected in each of the
constituencies.
(۴) The election is direct.
(۵) Deputies are elected by straightforward universal suffrage on the
party-list system٫ in accordance with the rules of proportional representation٫
the principle of the smallest electoral quota٫ and the rules to be determined
by the law.
(۶) The country is divided into four electoral districts: the South (Esch/
Alzette and Capellen)٫ the Center (Luxembourg and Mersch)٫ the North (Diekirch٫
Redange٫ Wiltz٫ Clervaux and Vianden) and the East (Grevenmacher٫ Remich and
Echternach).
(۷) The electors may be requested to pronounce themselves by way of a
referendum in cases and under conditions to be determined by law.
Article ۵۲ [Qualifications]
(۱) To qualify as an elector it is necessary:
۱. to be a Luxembourger٫ man or woman;
۲. to enjoy civil and political rights;
۳. to have completed ۱۸ years of age.
(۲) To these three qualifications shall be added those determined by the law.
No tax qualification may be imposed.
(۳) To be eligible it is necessary:
۱. to be a Luxembourger٫ man or woman;
۲. to enjoy civil and political rights;
۳. to have completed ۲۱ years of age;
۴. to be resident in the Grand Duchy.
(۴) No other condition of eligibility may be imposed.
Article ۵۳ [Non-Qualification]
(۱) The following may not be electors nor eligible:
۱. persons sentenced to criminal punishment;
۲. persons sentenced for minor offenses depriving them of the right to vote;
۳. persons of full age under guardianship.
(۲) No other exclusion clause may be foreseen.
(۳) The right to vote may be restored to persons sentenced by penal courts by
the way of reprieve.
Article ۵۴ [Incompatibilities]
(۱) The deputy''s mandate is incompatible with:
۱. the duties of member of the Government;
۲. those of member of the Council of State;
۳. those of member of the judiciary;
۴. those of member of the Audit Chamber;
۵. those of district commissioner;
۶. those of State collector or accounting officer;
۷. those of career soldier on active service.
(۲) Officials involved in a case of incompatibility have the right to choose
between the mandate confided to them and their duties.
(۳) A deputy called upon to perform the duties of member of the Government and
who relinquishes these duties is automatically reinstated as first substitute
on the list on which he was elected. The same applies to the substitute deputy
who٫ called upon to perform the duties of member of the Government٫ renounces
the deputy''s mandate devolving upon him in the course of these duties. In
the event of a contest between two or more rightful claimants٫ reinstatement
shall follow the order of the number of votes polled in the elections.
Article ۵۵ [Other Incompatibilities]
The incompatibilities referred to in the preceding article do not preclude the
law from stipulating others in the future.
Article ۵۶ [Term]
Deputies are elected for a term of five years.
Article ۵۷ [Oath of Deputies]
(۱) The Chamber verifies the credentials of its members and settles any
disputes arising on the subject.
(۲) On taking up office٫ deputies shall take the following oath:
"I swear to be faithful to the Grand Duke and to obey the Constitution and the
laws of the State."
(۳) This oath is to be taken at a public sitting before the President of the
Chamber.
Article ۵۸ [Government Incompatibility]
A deputy appointed by the Government to a salaried post which he accepts
immediately ceases to sit in the Chamber and does not resume his functions
except by virtue of a new election.
Article ۵۹ [Two Votes]
All Bills are submitted to a second vote unless the Chamber٫ in agreement with
the Council of State٫ otherwise decides at a public sitting. There shall be an
interval of a least three months between the two votes.
Article ۶۰ [President of the Chamber]
At each session٫ the Chamber appoints its president and vice-presidents and
sets up its Bureau.
Article ۶۱ [Publicity]
Sittings of the Chamber are held in public٫ except where otherwise provided in
the rules of procedure.
Article ۶۲ [Majority]
(۱) Resolutions require an absolute majority of votes. Should the votes be
equally divided٫ the measure under discussion is rejected.
(۲) The Chamber may not pass a resolution unless the majority of its members
are present.
Article ۶۳ [Voting by Role Call]
Voting on Bills as a whole always takes place by roll call.
Article ۶۴ [Right of Inquiry]
The Chamber has the right of inquiry. The exercise of this right is regulated
by the law.
Article ۶۵ [Article by Article Voting]
A Bill may be passed by the Chamber only after it has been voted article by
article.
Article ۶۶ [Amendments]
The Chamber has the right to amend and divide the articles and amendments
proposed.
Article ۶۷ [Petitions]
(۱) Petitions to the Chamber may not be presented in person.
(۲) The Chamber has the right to refer to members of the Government any
petitions addressed to it. Members of the Government shall provide explanations
of their contents whenever the Chamber so requests.
(۳) The Chamber does not concern itself with any petition that has private
interests in view٫ unless it is aimed at redressing grievances stemming from
unlawful acts of the Government or the authorities٫ or unless the decision to
intervene lies within the competence of the Chamber.
Article ۶۸ [Indemnity]
No deputy may be prosecuted or investigated on account of opinions expressed or
votes cast by him in the course of his duties.
Article ۶۹ [Immunity]
No deputy can be prosecuted or arrested in a repressive matter in the course of
a session٫ without the Chamber''s authorization٫ unless caught in the act of
committing a serious offence. None of its members may be imprisoned for debt
during the session without the same authorization. The detention or prosecution
of a deputy is suspended during and throughout the session if the Chamber so
demands.
Article ۷۰ [Rules of Procedure]
The Chamber determines in its rules of procedure the manner in which it
exercises its powers.
Article ۷۱ [Place of Sittings]
The sittings of the Chamber are held in the place of residence of the
administration of the Grand Duchy.
Article ۷۲ [Sessions]
(۱) The Chamber meets each year in ordinary session at the time specified in
the rules of procedure.
(۲) The Grand Duke may summon the Chamber to an extraordinary session; he is
required to do this if a third of the deputies so request.
(۳) Every session is opened and closed by the Grand Duke in person٫ or in his
name by an authorized representative appointed for the purpose.
Article ۷۳ […]
{ Abolished on ۱۲ Jan ۱۹۹۸. The old provision read: "The Grand Duke may adjourn
the Chamber. Such adjournment٫ however٫ may not exceed a period of one month
nor be repeated during the same session without the Chamber''s consent." }
Article ۷۴ [Dissolution]
The Grand Duke may dissolve the Chamber. New elections are held at the latest
within three months of the dissolution.
Article ۷۵
Members of the Chamber of Deputies receive٫ in addition to their travelling
expenses٫ an allowance of which the law determines the amount and conditions.
Chapter V Government of the Grand Duchy
Article ۷۶ [Organization of Government]
The Grand Duke regulates the organization of his Government٫ which shall
consist of at least three members.
Article ۷۷ [Ministers]
The Grand Duke appoints and dismisses the members of Government.
Article ۷۸ [Responsibility]
Members of the Government are responsible.
Article ۷۹ [No Intermediate Authority]
There is no intermediate authority between the members of Government and the
Grand Duke.
Article ۸۰ [Government and Parliament]
(۱) Members of the Government have access to the Chamber and must be heard at
their request.
(۲) The Chamber may require their presence.
Article ۸۱ [No Relief of Responsibility]
In no case shall an oral or written order of the Grand Duke relieve a member of
the Government of responsibility.
Article ۸۲ [Accusation]
The Chamber has the right to accuse members of the Government. A law shall
determine the cases of responsibility٫ the penalties to be inflicted٫ and the
procedure to be followed as regards either the accusation admitted by the
Chamber or the action brought by the injured parties.
Article ۸۳ [No Pardon for Ministers]
The Grand Duke my not pardon a condemned member of the Government except at the
request of the Chamber.
Chapter Vbis Council of State
Article ۸۳bis [Council of State٫ Litigation Committee]
(۱) The Council of State is called to express its views on bills and
proposition of law and amendments that might be proposed thereto٫ as well as on
all other matters deferred to it by the Government or by the laws. On articles
voted on by the Chamber pursuant to Article ۶۵٫ it gives its opinion within the
time limits set by the law.
(۲) The organization of the Council of State as well as the way its
prerogatives are carried out٫ are regulated by law.
Chapter VI Judiciary
Article ۸۴ [Civil Rights Jurisdiction]
Disputes over civil rights lie exclusively within the jurisdiction of the
courts.
Article ۸۵ [Political Rights Jurisdiction]
Disputes over political rights lie within the jurisdiction of the courts except
as otherwise provided by law.
Article ۸۶ [No Extraordinary Jurisdiction]
No court or jurisdiction in contentious matters may be set up٫ except by virtue
of a law. No extraordinary commissions or courts may be set up٫ under whatever
name.
Article ۸۷ [Superior Court of Justice]
The organization of a Superior Court of Justice is provided for by law.
Article ۸۸ [Publicity]
Hearings in court shall be public unless such publicity is a threat to good
order and morality٫ in which case the court so declares by ruling.
Article ۸۹ [Judgments]
All judgments shall be reasoned. They are pronounced in public court session.
Article ۹۰ [Appointment of Judges]
Justices of the Peace and judges of the courts are appointed directly by the
Grand Duke. Members of the Superior Court of Justice and presidents and
vice-presidents of the district courts are appointed by the Grand Duke on the
advice of the Superior Court of Justice.
Article ۹۱ [Term٫ Sanctions]
(۱) Justices of the peace٫ district court judges٫ and members of the Superior
Court of Justice are appointed for life. None of them may be deprived of his
post or suspended save by a judicial decision. None of these judges may be
transferred except by way of a new appointment and with his consent.
(۲) In the event of infirmity or misconduct٫ however٫ he may be suspended٫
dismissed٫ or transferred٫ under the conditions laid down by the law.
Article ۹۲ [Salaries]
The salaries of members of the judiciary are fixed by law.
Article ۹۳ [Incompatibility]
Except where otherwise provided by law٫ no judge is allowed to accept salaried
functions from the Government unless he performs them free of charrrge٫
without prejudice٫ however٫ to cases of incompatibility determined by law.
Article ۹۴ [Military Tribunals٫ Labor and Social Security Jurisdiction]
(۱) Special laws regulate the organization of military tribunals٫ their duties٫
and the rights٫ obligations٫ and terms of office of their members.
(۲) The law also regulates the organization of the jurisdictions pertaining to
labor and social security matters٫ their duties٫ the mode of appointment٫ and
the terms of office of their members.
Article ۹۵ [General and Local Decisions]
Courts and tribunals may apply general and local decisions and regulations only
in so far as these comply with the laws. The Superior Court of Justice settles
disputes as to competence٫ in accordance with the procedure laid down by the
law.
Article ۹۵bis [Administrative courts]
(۱) Jurisdiction in administrative matters belongs to the Administrative
Tribunal and the Administrative Court. These courts also have jurisdiction in
tax matters in the cases and under the conditions determined by the law.
(۲) The law may createee other administrative jurisdictions.
(۳) The Administrative Court constitutes the supreme court of the
administrative order.
(۴) The attributions and the organisation of the administrative courts are
regulated by the law.
(۵) The magistrates of the Administrative Court and the Administrative Tribunal
are nominated by the Grand-Duke. The nomination of the members of the
Administrative Court as well as of the president and the vice-presidents of the
Administrative Tribunal are made٫ except concerning the initial nominations٫
upon the opinion of the Administrative Court.
(۶) The provisions of Articles ۹۱٫ ۹۲٫ and ۹۳ are applicable to the members of
the Administrative Court and of the Administrative Tribunal.
Article ۹۵ter [Constitutional Court]
(۱) The Constitutional Court decides٫ by way of arrêt٫ on the
conformity of the laws with the Constitution.
(۲) The Constitutional Court is seized٫ in a prejudicial manner٫ pursuant to
the modalities to be determined by the law٫ by any court to decide on the
conformity of the laws٫ save the laws approving treaties٫ to the Constitution.
(۳) The Constitutional Court is composed of the President of the Superior Court
of Justice٫ the President of the Administrative Court٫ two counselors of the
Cour de Cassation and five magistrates nominated by the Grand Duke٫ upon the
joint opinion of the Superior Court of Justice and Administrative Court. The
provisions of Articles ۹۱٫ ۹۲٫ and ۹۳ apply to them. The Constitutional Court
comprehends a chamber sitting with five magistrates.
(۴) The organsiation of the Consitutional Court and the manner in which it
exercises its attributions are regulated by the law.
Chapter VII Public Force
Article ۹۶ [Armed Forces]
All matters connected with the armed forces are regulated by the law.
Article ۹۷ [Gendarmerie]
The organization and the powers of the forces in charrrge of public order are
settled by law.
Article ۹۸ [Civil Guard]
A civil guard٫ whose organization is regulated by the law٫ may be formed.
Chapter VIII Finances
Article ۹۹ [Taxation]
No tax may be imposed for the benefit of the State except pursuant to a law. No
loan to be borne by the State may be contracted without the consent of the
Chamber. No real property of the State may be alienated٫ unless such alienation
is authorized by a special law. However٫ a general law may fix a limit up to
which no special authorization is requested. Every purchase by the State of
significant real property٫ every significant commitment of funds in large
infrastructure or important building plans٫ must be authorized by a special
law. A general law sets the thresholds from which this authorization is
requested. No commitment may burden the State budget further than one fiscal
year٫ except by a special law. No communal charrrge or tax may be introduced
except with the consent of the communal council. A law determines the
exceptions shown by experience to be necessary as regards communal taxes.
Article ۱۰۰ [Renewing Taxation]
Taxes for the benefit of the State are voted annually. Legislation introducing
them remains in force for only one year unless renewed.
Article ۱۰۱ [No Privilege or Exemption]
No privilege may be introduced in the matter of taxation. No exemption or
abatement may be established except by law.
Article ۱۰۲ [No Other Duties]
Save in cases formally excepted by law٫ no recompense may be demanded of
citizens or public establishments except in the form of taxes for the benefit
of the State or of the commune.
Article ۱۰۳ [Pension٫ Half-Pay٫ Gratuity]
No pension٫ half-pay٫ or gratuity charrrged to the Treasury may
be granted except by law.
Article ۱۰۴ [Accounts٫ Budget]
Each year٫ the Chamber passes the Accounts Bill and votes the budget. All
revenue and expenditure of the State is shown in the budget and in the
accounts.
Article ۱۰۵ [Audit Chamber]
(۱) An Audit Chamber is required to audit and settle the accounts of the
general administration and of all accountable to the Public Treasury.
(۲) The law regulates its organization٫ the exercise of its powers٫ and the
method of appointing its members.
(۳) The Audit Chamber ensures that no budget item of expenditure is exceeded.
(۴) No transfer may be made from one section of the budget to another except by
law.
(۵) Members of the Government may٫ however٫ within their own departments٫
transfer surpluses of one item to another item in the same section٫ provided
that they justify their action before the Chamber of Deputies.
(۶) The Audit Chamber draws up the accounts of the different administrations of
the State and is required to collect for this purpose all the information and
vouchers necessary. The general account of the State shall be submitted to the
Chamber of Deputies together with the Audit Chamber''s comments.
Article ۱۰۶ [Salaries of Priests]
The salaries and pensions of ministers of religion shall be borne by the State
and regulated by the law.
Chapter IX Communes
Article ۱۰۷ [Local Authorities]
(۱) Communes form autonomous authorities٫ on a territorial basis٫ possessing
legal personality and administrating their patrimony and own interests.
(۲) In each commune there is a communal council directly elected by the
inhabitants; the conditions to be elector or eligible will be fixed by law.
(۳) The council draws up a yearly budget and closes the accounts. It issues
communal regulations٫ except in case of emergency. It may impose taxes٫ with
the Grand Duke''s approval. The Grand Duke may dissolve the council.
(۴) The commune is administered under the authority of the corporate body of
the major and the aldermen who must be chosen among the communal councilors.
The conditions of nationality to be fulfilled by the members of the corporate
body of major and aldermen will be determined in a law passed under the
provisions of Article ۱۱۴ (۵).
(۵) Supervision of the communal administration is ruled by law. Certain
decisions of communal authorities have to be authorized by the supervision
authority or may be cancelled or suspended should they be illegal or contrary
to the public interests٫ without prejudice to the powers of the law courts or
administrative tribunals.
Article ۱۰۸ [Registration Authority]
The preparation of birth٫ marriage٫ and death certificates and the keeping of
the registers shall lie exclusively within the competence of the communal
authorities.
Chapter X General Provisions
Article ۱۰۹ [Capital٫ Seat of Government]
The city of Luxembourg is the capital of the Grand Duchy and
the seat of the Government. The seat of the Government may be moved only
temporarily and then only for serious reasons.
Article ۱۱۰ [Oath]
(۱) No oath may be imposed٫ except pursuant to the law٫ which determines in
what form it is to be taken.
(۲) All civil public officials٫ before entering upon their duties٫ take the
following oath:
"I swear allegiance to the Grand Duke and obedience to the Constitution and the
laws of the State. I promise to fulfill my duties with integrity٫ exactitude٫
and impartiality."
Article ۱۱۱ [Rights of Foreigners]
Every foreigner on the territory of the Grand Duchy shall enjoy the protection
afforded to persons and property٫ except as otherwise provided by the law.
Article ۱۱۲ [Promulgation of Laws]
No law or general or communal administrative decision or regulation shall come
into force until it has been published in the form determined by the law.
Article ۱۱۳ [No Suspension]
No provision of the Constitution may be suspended.
Article ۱۱۴ [Constitutional Amendment]
(۱) The legislature has the right to declare the need to amend any
constitutional provision it specifies.
(۲) Following such declaration٫ the Chamber automatically dissolves.
(۳) A new Chamber convenes in accordance with Article ۷۴.
(۴) This Chamber decides٫ by common consent with the Grand Duke٫ on the points
to be amended.
(۵) In such a case٫ the Chamber shall not proceed to the vote unless at least
three-quarters of its members are present٫ and no amendment may be adopted
unless it is backed by at least two-thirds of the votes.
Article ۱۱۵ [No Amendment During Regency]
During a regency٫ no amendment can be made to the Constitution concerning the
constitutional prerogatives of the Grand Duke٫ his status as well as the order
of succession.
Chapter XI Transitory and Additional Provisions
Article ۱۱۶ [Accusation of Ministers]
Until provided for by a law٫ the Chamber of Deputies has discretionary power to
accuse a member of the Government٫ and the Superior Court shall try him in
general assembly٫ specifying the offence and determining the penalty. The
penalty may not٫ however٫ exceed that of confinement٫ without prejudice to
cases expressly provided for by the penal laws.
Article ۱۱۷ [Conflicting Old Law]
From the day the Constitution enters into force٫ all laws٫ decrees٫ decisions٫
regulations٫ and other acts in conflict with it are abolished.
Article ۱۱۸ [Conversion of Death Penalty]
The death penalty٫ abolished in political matters٫ shall be replaced by the
penalty immediately below it٫ until such time as this matter has been covered
by the new law.
Article ۱۱۹ [Provisions Concerning Religions]
Pending the conclusion of the conventions referred to in Article ۲۲٫ the
current provisions concerning religions shall remain in force.
Article ۱۲۰ [Old Law]
Until the laws and regulations provided for by the Constitution have been
promulgated٫ the laws and regulations at present in force continue to be
applied.
Article ۱۲۱ […]
{ Abolished on ۳۱ March ۱۹۸۹ }