Opinion of the European Central Bank of 26 September 2001 at the request of the Ministry of Finance of the Grand Duchy of Luxembourg on a draft Grand- Duchy regulation relating to a derogation from the provisions concerning State officials or probationer officials in respect of agents of the Banque centrale du Luxembourg subjected to public law status as defined by Article 14(3)(a) of the Law of 23 December 1998 relating to monetary status and the Banque centrale du Luxembourg (CON/2001/28)
Date: 2001-09-26
Institutions: European Central Bank
Subjects: Luxembourg, central bank, civil servant, institutional activity, national law

EN

OPINION OF THE EUROPEAN CENTRAL BANK

of 26 September 2001

at the request of the Ministry of Finance of the Grand Duchy of Luxembourg on a draft Grand-

Duchy regulation relating to a derogation from the provisions concerning State officials or

probationer officials in respect of agents of the Banque centrale du Luxembourg subjected to

public law status as defined by Article 14(3)(a) of the Law of 23 December 1998 relating to

monetary status and the Banque centrale du Luxembourg

(CON/2001/28)

1. 

On 7 August 2001, the European Central Bank (ECB) received a request from the Ministry of

Finance of the Grand Duchy of Luxembourg on a draft Grand-Duchy regulation concerning the

status of certain agents of the Banque centrale du Luxembourg (BCL).

2. 

The  ECB’s  competence  to  deliver  an  opinion  is  based  on  the  third  indent  of  Article  2(1)  of

Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank

by  national  authorities  regarding  draft  legislative  provisions1,  since  the  draft  Regulation  lays

down provisions concerning the national central bank. In accordance with the first sentence of

Article  17.5  of  the  Rules  of  Procedure  of  the  European  Central  Bank,  this  opinion  has  been

adopted by the Governing Council of the ECB.

3. 

The draft Regulation implements Article 14(3)(a) of the Law of 23 December 1998 defining the

status of the BCL. A translation of this Article reads:

“Central Bank agents who occupy the posts specified in the organisational chart referred to in

Article 29(2), which involve, either directly or indirectly, the exercise of public power and tasks

safeguarding the general interests of the State or other public authorities, have public law status

consisting in the application, if necessary by analogy, of the provisions relating to officials and

probationer officials, save as otherwise provided in a Grand-Ducal regulation to be adopted in

the interests of the proper functioning of the Central Bank.”

4. 

Taking into account the particular constraints of the BCL, the draft Regulation defines the areas

of derogation from the general status of State officials2. The main reason for this derogation is

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2

OJ L 189, 3.7.1998, p. 42.

Consolidated version, Mémorial (Luxembourg Official Journal) No 95, 10.11.1998, p 2364. 

                                                          
due to the fact that the BCL forms part of the European System of Central Banks (ESCB). As

such,  the  BCL  must  be  granted  the  means  to  accomplish  its  objectives  and  missions

independently from inter alia national authorities, as laid down in the Treaty establishing the

European Community. 

5. 

The ECB welcomes the draft Regulation as it presently reads, since it appears to grant the BCL

adequate  autonomy  and  independence  in  the  management  of  its  staff  in  order  to  perform  its

objectives and missions in relation to the ESCB. 

6. 

The  ECB  confirms  that  it  has  no  objection  to  the  competent  national  authorities  making  this

opinion publicly available at their discretion.

Done at Frankfurt am Main on 26 September 2001.

The President of the ECB

[signed]

Willem F. DUISENBERG

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