COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Luxembourg Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Luxembourg, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 816 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report     Country Chapter on the rule of law situation in Luxembourg Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                  The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

Luxembourg’s  justice  system  has  maintained  its  very  high  level  of  perceived  judicial 
independence among the general public and continues to operate efficiently. The Government 
passed all the planned constitutional reforms, which led to the creation of the National Council 
for  Justice  and  strengthening  the  independence  of  the  Prosecutor’s  Office.  The  legislative 
reforms regarding the composition of the National Council for Justice, which aligned it with 
the European standards, and the status of magistrates have also been adopted. The first pilot 
project  regarding  the  digitalisation  of  administrative  justice  was  launched,  but  further  steps 
towards  improvement  are  necessary.  The  reform  aiming  to  make  legal  aid  more  accessible 
remains pending.  

Resources for the prosecution services dealing with economic and financial crime as well as 
the overall budget for law enforcement has increased and recruitment is also expected to rise. 
A revision to the Constitution assigned powers to the Prosecutor’s Office to investigate and 
prosecute  members  of  Government  who  can  now  be  held  criminally  liable  for  corruption 
offences.  The  transparency  register  for  members  of  Parliament  is  operational  and  publicly 
available,  but  its  structure  and  implementation  remain  minimal  and  legislation  on  lobbying 
remains to be evaluated. The Codes of Conduct for members of Government and their advisers 
have been put in place and the transparency register is operational. Draft codes of conduct for 
local level political officials have been proposed. The Court of Auditors found no irregularities 
in  relation  to  political  party financing, while the  financial control of municipalities remains 
with the Ministry of Internal Affairs. The law on the protection of whistleblowers was adopted 
covering breaches of both EU and national law.  

The general legal framework establishing the regulator for audio-visual media services and its 
functioning  remains  stable,  while  additional  tasks  have  been  added.  A  new  law  establishes 
Radio  100.7 as Public Service Media, reinforcing its independence, establishing its mission 
and  providing  a  stable  financial  framework  for  2024-2030.  The  convention  for  the  public 
service activities of the RTL Group is updated and continued for 2024-2030. A new circulaire 
reduces the time of processing requests from journalists for disclosure of official documents, 
although a fast-track option enshrined in law for the journalistic profession is not yet available. 
Horizontal  legislation  on  company  mergers  is  expected  to  contribute  to  transparency  of 
ownership in the media sector. The framework for the protection of journalists remains robust. 

The Parliament passed all the planned constitutional reforms, which include the introduction 
of a legislative initiative for citizens and inscribing the Ombudsperson in the Constitution. The 
exercise of the right of legislative initiative will be regulated by law; a draft was already tabled 
in Parliament. The legislative process still needs to improve in terms of openness of the public 
consultations.  A  mechanism  for  follow-up  on  non-execution  of  judgments  is  available  for 
administrative  court  cases.  The  civic  space  in  Luxembourg  remains  open  and  a  new 
Government initiative provides further support for civil society organisations online. 

1 

 
 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Luxembourg has 
(made):  

  Fully implemented the recommendation to continue with the process to adopt the reform 

on the powers of the future Council for the Judiciary.  

  No further progress on continuing with the process to adopt the reform on making legal aid 

more accessible. 

  Significant progress on ensuring adequate resources for the prosecution services dealing 

with economic and financial crime.  

  Some progress on continuing to implement and evaluate the new legislation on lobbying 

the Parliament, including the transparency register. 

  Some  progress  on  reducing  the  time  of  processing  of  requests  for  disclosure  of  official 
documents, taking into account European standards on access to official documents. 
  No  further  progress  on  improving  the  legislative  decision-making  process  by  providing 

wider possibilities for stakeholders to participate in public consultations.  

On this basis, and considering other developments that took place in the period of reference, it 
is recommended to Luxembourg to:  
  Continue with the process to adopt the reform on making legal aid more accessible.  
  Evaluate  the  implementation  of  the  new  legislation  on  lobbying  the  Parliament  and  the 
functioning of the transparency register and ensure that it meets the necessary transparency 
requirements set out in the Parliament’s rules of procedures.  

  Ensure the implementation of measures adopted  in  relation  to  the time of processing of 
requests for disclosure of official documents, taking into account European standards on 
access to official documents. 
Improve  the  legislative  decision-making  process  by  providing  wider  possibilities  for 
stakeholders to participate in public consultations. 

 

2 

 
 
I. 

JUSTICE SYSTEM  

The justice system contains two separate branches of courts: ordinary courts with jurisdiction 
in civil and criminal matters and administrative courts hearing cases of administrative law. The 
ordinary  branch  includes  three  Justices  of  the  Peace,  two  District  Courts  with  general 
jurisdiction,  a  Court  of  Appeal  and  a  Court  of  Cassation.  The  administrative  branch  is 
composed of an Administrative First-instance Court and an Administrative Court of Appeal. 
The Constitutional Court is part of the judiciary and rules on the compliance of laws with the 
Constitution.  Since  1  July  2023,  the  National  Council  for  Justice  is  responsible  for  the 
appointment,  appraisal  and  disciplinary  proceedings  of  judges  and  prosecutors.  The 
Prosecutor’s  Office  is  independent  in  the  exercise  of  individual  investigations  and 
prosecutions, without prejudice to the Government's right to give direction on criminal policies. 
The two Bar Associations are independent and represent lawyers established in Luxembourg. 
Each Bar Association has an Assembly1, a Bar Council2, a President of the Bar3 and for the 
whole profession, a Disciplinary and Administrative Council4. Luxembourg participates in the 
European Public Prosecutor’s Office (EPPO). 

Independence  

The level of perceived judicial independence in Luxembourg continues to be very high 
among the general public and is now high among companies. Overall, 76% of the general 
population and 74% of companies perceive the level of independence of courts and judges to 
be ‘fairly or very good’ in 20235. According to data in the 2023 EU Justice Scoreboard, the 
level  remains  consistently  very  high  for  the  general  public  in  the  last  years.  The  perceived 
judicial independence among the general public has remained stable with a slight decrease in 
comparison  with  2022  (77%),  but  it  is  higher  than  in  2016  (73%).  The  perceived  judicial 
independence among companies has decreased in comparison with 2022 (76%), as well as in 
comparison with 2016 (80%). 

The  constitutional  reform,  which  establishes  the  National  Council  for  Justice  and 
strengthens the independence of the Prosecutor’s Office, was adopted. On 21 December 
2022, the Parliament adopted the constitutional reform establishing the National Council for 
Justice (NCJ) and strengthening the independence of the Prosecutor’s Office6. As mentioned 
in  previous  Rule  of  Law  Reports7,  the  new  constitutional  provisions  outline  the  main 
competences of the NCJ, namely the selection of magistrates before their appointment by the 
Grand  Duke  and  taking  decisions  on  the  initiation  of  disciplinary  proceedings  against 
magistrates.  The  regime  under  which  these  powers  will  be  exercised  was  established  by 

1   Art. 12-15 of the Law on the profession of a lawyer, 10 August 1991. 
2   Art. 16-19 of the Law on the profession of a lawyer, 10 August 1991. 
3   Art. 20-23 of the Law on the profession of a lawyer, 10 August 1991. 
4   Art. 24-25 of the Law on the profession of a lawyer, 10 August 1991. 
5   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

6   Project No. 7575 – revision of Chapter VI (on Justice) of the Constitution. Promulgated on 17 January 2023 

and will enter into force 1 July 2023. 

7   See 2021 and 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 2-

3, pp. 3-4 respectively. 

3 

 
                                                           
ordinary legislation8. As regards the strengthening of independence of the Prosecutors’ Office 
and of the judiciary as a whole, the adopted reform enshrines the independence of judges and 
prosecutors  in  the  Constitution.  As  already  highlighted  in  last  year’s  report,  judges  are 
independent in exercising their functions, while the Prosecutor’s Office is now independent in 
the  exercise  of  individual  investigations  and  prosecutions,  without  prejudice  to  the 
Government’s right to give direction on general criminal policies9. The strengthening of the 
independence of the Prosecutor’s Office is further reflected in the legislative amendments to 
the Criminal Procedure Code and the Criminal Code10. These amendments were adopted on 
the same day, and they removed the power of the Minister of Justice to give instructions to 
prosecutors on individual cases11. 

Legislative amendments were adopted to align the composition of the National Council 
for Justice with European standards. On 21 December 2022, the Parliament also adopted 
the draft law dealing with the organisation of the NCJ12, which came into force on 1 July 2023. 
In the 2022 Rule of Law Report13, it was explained that in order to align the composition of the 
NCJ  with  relevant  Council  of  Europe  standards,  which  recommend  that  at  least  half  of  the 
members  of  such  councils  should  be  judges  (magistrates)  elected  by  their  peers14,  the 
Government devised a composition of nine members: six magistrates elected by their peers – 
among which there would not be ex officio members but the President of the Supreme Court, 
the President of the Administrative Court of Appeal and the State Prosecutor General would 
be ex officio candidates15; one lawyer elected by their peers16; and two persons elected by the 
Parliament based on their education or experience17. In the final and adopted version of the 
law, also the ex officio candidate status for the two Presidents and the Prosecutor General was 
removed18. This law is in line with the Council of Europe recommendation on the composition 
of the councils for the judiciary19. The elections for the NCJ have been finalised20, and it started 
functioning on 1 July 2023.  

8   Art. 90, text of Project No. 7575. See also 2021 and 2022 Rule of Law Report, Country Chapter on the rule of 

law situation in Luxembourg, pp. 2-3. 

9   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 2-3. 
10   Art. 19 of the Criminal Procedure Code would be amended by Project No. 7323B on the Status of magistrates. 

Promulgated on 23 January 2023 and will enter into force on 1 July 2023. 

11   It is noted that the legal safeguards surrounding this power combined with the fact that the Prosecution service 
is  in  practice  recognised  as  independent  appeared  to  mitigate  the  risk  to  the  autonomy  of  the  Prosecution 
service and that the Minister of Justice had not given instructions in an individual case for more than 20 years. 
12   Project No. 7323A on the Organisation of the National Council of Justice. Promulgated on 23 January 2023 

and will enter into force on 1 July 2023. 

13   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 4. 
14   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, paras. 26-27. See 

also Venice Commission Opinion (CDL-AD(2020)035), para. 44. 

15   Project No. 7323A, p. 7. 
16   The lawyer is elected by the Order of the lawyers of the Bars of Luxembourg and Diekirch with the majority 

of their members present and voting. – Project No. 7323A, p. 11. 

17   Project No. 7323A, p. 6. 
18   Art. 1 of the law promulgating Project No. 7323A, of 23 January 2023. 
19   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, paras. 26-27. See 

also Venice Commission Opinion (CDL-AD(2020)035), para. 44. 

20   The elections among magistrates have been concluded. The President of the Supreme Court did not apply for 
a  position  within  the  NCJ,  while  the  President  of  the  Administrative  Court  of  Appeal  and  the  Prosecutor 
General participated and were elected as members of the NCJ.  

4 

 
                                                           
The reform on the powers of the National Council for Justice has been adopted. The 2022 
Rule of Law Report recommended to Luxembourg to “continue with the process to adopt the 
reform on the powers of the future NCJ”21. On 21 December 2022, the Parliament also adopted 
the draft law dealing with the status of magistrates22, which came into force on 1 July 2023. As 
mentioned in the 2022 Rule of Law Report23, this draft law sets out the powers of the NCJ over 
the  individual  magistrates  –  their  appointment24,  career  advancement,  secondment,  and 
disciplinary  regime25.  Following  the  opinion  of  the  Council  of  State  on  the  draft  law26  and 
subsequent  amendments,  the  law  adopted  in  December  2022  allows  for  prosecutors  to  be 
elected  and  sit  at  the  disciplinary  courts.  Considering  these  developments,  the  2022 
recommendation is fully implemented.  

Quality  

The first pilot project regarding the digitalisation of administrative justice was launched 
while further steps towards improvement are necessary. On 1 December 2022, a draft law 
accompanying  the  project  for  digitalisation  of  the  administrative  justice  was  tabled  in 
Parliament27. At the same time, the first pilot project of the “paperless justice” project28 was 
launched29  and  covers  only  emergency  proceedings  before  the  administrative  courts30.  The 
draft law is expected to be adopted over the summer. The “paperless justice” project is expected 
to be completed by 202631. No concrete timeline is yet available for its evaluation nor for the 
launch of next projects.32. Despite this progress, the digitalisation of justice would benefit from 
further improvement. The procedural rules in place are only allowing a limited use of digital 
technology in the courts33. Shortcomings persist in the availability of digital tools to initiate 
and follow proceedings34. There has been no change in civil and commercial cases where it is 
only possible for the courts to serve documents electronically to citizens and businesses and to 
send electronic acknowledgement of receipt proving the submission of documents. There is no 

21   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 2. 
22   Project No. 7323B on the Status of magistrates. Promulgated on 23 January 2023 and will enter into force on 

1 July 2023. 

23   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 5. 
24   The NCJ is responsible for the appointment of magistrates, on the basis of the criteria set in the law. At the 
end of the procedure, the NCJ is to present the selected candidates to the Grand Duke, who is to appoint them 
without having a power of veto. The percentage of female judges at the HCCJ is of around 80%, currently the 
third highest percentage among supreme courts within the EU. See Figure 36, 2023 EU Justice Scoreboard. 
25   The NCJ is responsible for initiating any disciplinary investigation concerning a magistrate and to launch the 
proceedings  before  the  disciplinary  courts;  it  would  have  the  possibility  to  appeal  the  decision  of  the  first 
instance disciplinary court. 

26   CE: 60.892 on Parliamentary file No. 7323B of 31 May 2022. See also  2022 Rule of Law Report, Country 

Chapter on the rule of law situation in Luxembourg, p. 6. 

27   Project No. 8109. 
28   The  “paperless  justice”  project  encompasses  13  sub-projects  and  aims  to  address  present  shortcomings  in 
digitalisation of justice. See 2021 and 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Luxembourg, pp. 4-6. 

29   Information received from the Ministry of Justice in the context of the country visit to Luxembourg. 
30   Recours en référé. 
31   See 2020, 2021 and 2022 Rule of Law Reports, country Chapter on the rule of law situation in Luxembourg, 

respectively p. 3, p. 4 and p. 6.  

32   Information received from the Ministry of Justice in the context of the country visit to Luxembourg. 
33   Figure 41, 2023 EU Justice Scoreboard. 
34   Figure 45, 2023 EU Justice Scoreboard. 

5 

 
                                                           
possibility to receive comprehensive information on court fees, or pay court fees online, nor 
access the electronic files of closed or ongoing cases35.  

The reform that aims to make legal aid more accessible remains pending. The 2022 Rule 
of Law Report recommended to Luxembourg to “continue with the process to adopt the reform 
on making legal aid more accessible”36. As mentioned in the 2022 Rule of Law Report, a draft 
law reforming the legal  aid  system  had been tabled in  Parliament37.  It  was prepared by the 
Ministry of Justice and the  Luxembourg Bar and tabled on 27 January 2022. The draft law 
envisages  to  expand  the  scope  of  application  of  legal  aid  to  persons  who  do  not  hold  the 
Luxembourgish nationality but reside in Luxembourg38 and would allow for partial legal aid39. 
The Council of State delivered its opinion on 1 June 202340, and it is currently being analysed 
by the authorities. However, no amendments to the initial draft law have been tabled so far.. 
Therefore, no further progress has yet been made in addressing the 2022 recommendation to 
continue with the process to adopt the reform.  

Concerns have been raised regarding children’s access to a lawyer in practice. Although 
there  are  specific  arrangements  to  ensure  that  children  are  assisted  by  a  lawyer  in  criminal 
proceedings41,  OKaJu  (the  Ombudsperson  for  children  and  youngsters)  considers  that  the 
current framework for designating a lawyer is ineffective and lengthy, taking up to a year. In 
the meantime, the child could be arrested without having legal representation42. OKaJU has 
been engaged in discussions with the Luxembourg Bar aiming at improving the procedure. It 
should be noted that the right of children to be assisted by a lawyer is protected under EU law 
through the Access to Lawyer Directive43, and under the Procedural Safeguards Directive44. 
Furthermore, the European Court of Human Rights (ECtHR) considers access to a lawyer to 
be one of the fundamental elements of the right to a fair trial45, and individuals charged with a 

35   Figure 45, 2023 EU Justice Scoreboard. However, in civil disputes, no court costs are incurred, except bailiff’s 

fee, which is available online. In addition, payment of court fees can be done by bank transfer. 

36   2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 2. 
37   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 7. 
38   In application of Council Directive 2002/8/EC of 27 January 2003 to improve access to justice in cross-border 

disputes by establishing minimum common rules relating to legal aid for such disputes. 

39   The different modalities regarding partial legal aid will be clarified in a Grand-ducal regulation. Project No. 

7959, p. 1 (Art. 2(1) of the draft law).  

40   See Council of State Opinion No. 60.901 of 1 June 2023. The opinion of the Council of State is a mandatory 

step in the legislative process in Luxembourg. 

41   Figure 31, 2023 EU Justice Scoreboard. 
42   Information received from OKaJu (Ombudsperson for children and youngsters) in the context of the country 

visit to Luxembourg. 

43   See recitals 52 and 55 of its preamble, as well as in Art. 5(2) to (4) Directive 2013/48/EU of 22 October 2013 
on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on 
the right to have a third party informed upon deprivation of liberty and to communicate with third persons and 
with consular authorities while deprived of liberty. 

44   See Art. 6 Directive 2016/800/EU of 11 May 2016 on procedural safeguards for children suspected or accused 
in criminal proceedings. Children must be assisted by a lawyer from whichever of the following is the earliest: 
before they are questioned by the police or other law enforcement or judicial authority; when investigating or 
other competent authorities carry out an investigative act; without undue delay after deprivation of liberty; 
when they have been summoned to appear before a court having jurisdiction in criminal matters, in due time 
before they appear before that court. 

45   European Court of Human Rights judgment of 27 November 2008,  Salduz v. Turkey [GC], 36391/02, para. 
51; see also European Court of Human Rights judgment of  13 September 2016, Ibrahim and Others v. the 
United Kingdom [GC], 50541/08 et al; see also European Court of Human Rights judgment of 9 November 
2018, Beuze v. Belgium, 71409/10. 

6 

 
                                                           
criminal  offence  have  the  right  to  access  a  lawyer  from  the  early  stages  of  a  police 
investigation46.  

Efficiency 

The courts remain efficient and clearance rate shows improvements. The courts continued 
to perform efficiently, as the estimated time needed to resolve a case at first instance in civil, 
commercial or administrative proceedings in 2021 remains the same as in 202047. Furthermore, 
a slight improvement is observed in the estimated time needed to resolve a case at first instance 
in the specific civil and commercial cases category48. The decrease in clearance rate observed 
in the 2022 Rule of Law Report49 has been overturned, with a rate of 99% approaching again 
the  level  from  before  the  pandemic50.  The  length  of  proceedings  for  litigeous  civil  and 
commercial cases at first instance remained stable51. Similarly, the length of proceedings for 
administrative cases at first instance also remained at the same level as in 202052. For the first 
time, data are available on the length of judicial proceedings in a specific area of EU law  – 
competition law53. Despite the relatively lengthy proceedings before the national competition 
authority54, the judicial proceedings in this area are among the most efficient in the EU55.  

II. 

ANTI-CORRUPTION FRAMEWORK  

Luxembourg  has  a  legal  and  institutional  anti-corruption  framework  broadly  in  place.  The 
Ministry of Justice is the main authority in charge of overall anti-corruption matters, including 
policy  coordination.  Within  the  Ministry  of  Justice,  an  intergovernmental  committee,  the 
Corruption Prevention Committee (COPRECO), acts as a consultative forum and supports the 
overall  national  policy  to  fight  corruption.  The  Economic  and  Financial  section  of  the 
Prosecution service has specific competences to  investigate  criminal cases of economic and 
financial nature, including corruption cases. The Court of Auditors is indirectly involved in the 
fight against corruption through its controls on the use of public funds.  

The perception among experts and business executives is that the level of corruption in 
the public sector is relatively low. In the 2022 Corruption Perceptions Index by Transparency 
International, Luxembourg scores 77/100, ranks 6th in the European Union and 10th globally56. 

46   European Court of Human Rights judgment of 27 November 2008,  Salduz v. Turkey [GC], 36391/02, para. 
60; see also European Committee of Social Rights Decision of 20 October 2020, International Commission of 
Jurists (ICJ) v. Czech Republic, Complaint No. 148/2017. - The ECtHR’s scrutiny of whether an applicant 
had effective access to a lawyer is stricter in cases involving children. 

47   Figure 5, 2023 EU Justice Scoreboard.  
48   Figure 6, 2023 EU Justice Scoreboard.  
49   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 7-8. 
50   Figures 11, 2023 EU Justice Scoreboard.  
51   Figure 6, 2023 EU Justice Scoreboard. The length in days remains 158. 
52   Figure 8, 2023 EU Justice Scoreboard. The length for 2020 was 513 days and for 2021 it was 524 days. 
53   Figure 16, 2023 EU Justice Scoreboard. 
54   Figure 17, 2023 EU Justice Scoreboard. 
55   Figure 16, 2023 EU Justice Scoreboard. 
56    Transparency International (2023), Corruption Perceptions Index 2022. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50). 

7 

 
                                                           
This perception has deteriorated over the past six years57. The 2023 Special Eurobarometer on 
Corruption shows that 40% of respondents consider corruption widespread in their country (EU 
average 70%) and 10% of respondents feel personally affected by corruption in their daily lives 
(EU  average  24%)58.  As  regards  businesses,  44%  of  companies  consider  that  corruption  is 
widespread  (EU  average  65%)  and  35%  consider  that  corruption  is  a  problem  when  doing 
business  (EU  average  35%)59.  Furthermore,  38%  of  respondents  find  that  there  are  enough 
successful prosecutions to deter people from corrupt practices (EU average 32%)60, while 50% 
of  companies  believe  that  people  and  businesses  caught  for  bribing  a  senior  official  are 
appropriately punished (EU average 30%)61.  

The  number  of  reported  corruption  cases  over  the  past  year  and  the  number  of 
convictions has increased. The number of corruption cases has been relatively stable over the 
past years62 but has increased with 27 cases opened in 2022, compared to 22 in 202163. Data 
for 2022 also show an increase in the number of ongoing investigations -18 compared to five 
in 2021 - and in convictions - six compared to one in 202164. The Police, on the other hand, did 
not  report any corruption cases in  2022, which reportedly  can be explained by the fact  that 
ongoing judicial investigations, due to their confidentiality, are not registered in the common 
police database used to compile police statistics until the cases are completed and closed by 
the prosecutor65.  The statistics  on ongoing cases are, nevertheless, registered in  the Judicial 
Police’s  own  management  system  "JDA".  However,  the  number  of  reported  offenses  of 
corruption in the police database was higher in previous years66 when the same system was in 
place. Cooperation between EPPO and the police is considered to be adequate and it is excellent 
with the national prosecution offices67.  

Significant  progress  has  been  made  on  increasing  the  resources  for  the  prosecution 
services  dealing  with  economic  and  financial  crime  and  for  the  law  enforcement 
authorities and recruitment is expected to rise. The 2022 Rule of Law report recommended 
to Luxembourg to ‘ensure that there are adequate resources for the prosecution services dealing 
with economic and financial crime’68. The number of prosecutors at the economic and financial 

57   In 2018 the score was 81, while in 2022 the score is 77. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

58   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

59   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

60   Special Eurobarometer 534 on Corruption (2023).  
61   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
62   Twenty-nine cases each in 2019 and 2020, down to 22 in 2021. Written contribution from the Prosecution 

Office (Economic and Financial Crime Section) in the context of the country visit to Luxembourg.  

63   Written  contribution  and  information  received  in  the  context  of  the  country  visit  to  Luxembourg  from  the 

Prosecution Service (Economic and Financial Crime Section).  

64   Written contribution from the Prosecution Office (Economic and Financial Crime Section) in the context of 
the country visit to Luxembourg. Data provided show the state of play as of 8 March 2023. Three of these 
convictions relate to money laundering.  

65   Information received in the context of the country visit to Luxembourg from the Police. 
66   The Judicial Police  recorded five corruption investigations in 2020 and four in 2021 as reported in the 2022 

Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 8-9.  

67   Input from EPPO for the 2023 Rule of Law Report.  
68   2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 2.  

8 

 
                                                           
crime section of the Prosecutor’s Office increased by three in 2023 to a total of 16 and the 
Prosecution Service intends to recruit more magistrates in 202469. Following the adoption of 
the law of 23 December 2022 on legal advisers70, the prosecution service expects a 15 percent 
increase in the number of magistrates at the economic and financial section71. However, no 
change has occurred in the administrative staffing of this section72. The overall budget for the 
law enforcement authorities has also increased73, including the number of police recruitments74, 
but it is not clear to what extent this will benefit specifically the Department for Economic and 
Financial Crime dealing with anti-corruption. Therefore, in light of these developments there 
has been significant progress on the implementation of the recommendation made in the 2022 
Rule of Law Report. 

A revision to the Constitution assigned powers to the Prosecutor’s Office to investigate 
and prosecute members of Government. On 21 December 2022, the Parliament adopted the 
constitutional  reform  that  allows  the  Prosecutor’s  Office  to  instigate  and  conduct  criminal 
proceedings  against  a  member  of  Government  for  acts  committed  in  the  exercise  of  their 
duties75.  The  constitutional  amendment  abolishes  the  Parliament’s  exclusive  right  to  bring 
charges  against  members  of  Government,  assigning  that  power  to  the  Prosecutor’s  Office 
instead. To fill the gap until the constitutional amendment’s entry into force in July, the law of 
3  March  202376  implements  the  provisions  on  the  criminal  liability  of  members  of 

69   Written contribution and information received from the Prosecution Service (Economic and Financial Crime 

Section) in the context of the country visit to Luxembourg.  

70   Law of 23 December 2022 on legal advisers and amending: 1° the amended law of 16 April 1979 laying down 
the general status of state civil servants; 2° the amended law of 7 March 1980 on judicial organisation; 3° the 
amended law of 7 November 1996 on the organisation of administrative courts; 4° the amended law of 27 July 
1997 on the organisation of the Constitutional Court; 5° the amended law of 7 June 2012 on justice attachés; 
6° the amended law of 8 March 2017 on Luxembourg nationality. — Mémorial A No 681.  

71   The Law provides  for an increase of  high ranked  magistrates (prosecutors) dedicated to the economic and 
financial section of the Prosecutor’s office. It provides that the economic and financial section is led by a full 
dedicated joint prosecutor (procureur d’Etat adjoint) and that the magistrates’ team is strengthened with two 
additional Principal deputy prosecutors (Substitut principal). The Law also provides that magistrates will be 
seconded  by  ‘référendaires’.  To  date,  there  is  one  with  the  economic  and  financial  crime  section  of  the 
Luxembourg Prosecutor’s office. Written contribution from the Prosecution Service (Economic and Financial 
Crime Section) in the context of the country visit to Luxembourg.  

72   Written contribution received from the Prosecutor’s Office (Economic and Financial Crime Section) in the 

context of the country visit to Luxembourg. 

73   Input from Luxembourg for the 2022 Rule of Law Report, pp. 8-9. Compared to 2021, the financial resources 
for the Financial Intelligence Unit (FIU) increased by EUR 750 000, those for the judicial services increased 
by EUR 4.8 million and those for the judicial police increased by EUR 24 million.  

74   According to information received from the Police in the context of the country visit to Luxembourg, around 
600 police and 240 civilian experts have been recruited since 2018 across all police departments including the 
judicial  police.   The  human  resources  within  the  Judicial  Police  have  increased  considerably  in  the  recent 
years, while the number of judicial police officers has risen to 93 for the year 2023. The increased budget is a 
global amount that includes both the remuneration of the police and all costs, whether for training, expertise, 
technical equipment or other. Thus, the increase in the budget will benefit the economic and financial service, 
which  also  deals  with  corruption  cases.  Written  contribution  from  the  Ministry  of  Foreign  and  European 
Affairs in the context of the country visit to Luxembourg.  

75   Project No. 7700 – revision of Chapter V (on Government) of the Constitution. Promulgated on 17 January 

2023 and entered into force on 1 July 2023. 

76   Law  of  3  March  2023  on  the  criminal  liability  of  members  of  the  Government,  partially  implementing 
Article 82 of the Constitution and amending: 1° of the Criminal Code; 2° of the amended Act of 7 March 1980 
on judicial organisation — Mémorial A No 104. This Law will apply to members of the Government in office, 
in respect of offences of which they are accused during the performance of their duties, whether those offences 
were committed in or out of their duties, and for offences committed prior to the commencement of the duties 

9 

 
                                                           
Government77.  The  Prosecutor’s  Office  has  welcomed  the  forthcoming  constitutional 
amendment  as  the  normal  criminal  procedural  rules  will  then  also  apply  to  members  of 
Government78. 

The  Corruption  Prevention  Committee  resumed  its  normal  operations  and  met  twice, 
though  no  recommendations  or  measures  were  proposed.  The  intergovernmental 
Corruption Prevention Committee (COPRECO) resumed its normal operations in 202279. The 
Committee will focus much of its attention in 2023 on the ongoing evaluation of Luxembourg 
by the OECD80. During the two meetings that took place in 2022, COPRECO discussed the 
situation  after  the  COVID-19  pandemic  and  informed  its  new  members  about  ongoing 
assessments of the anti-corruption framework by international bodies and the state of play of 
legislation  in  progress  or  adopted81.  It  did  not  present  or  propose  any  recommendations  or 
specific measures in the past year. COPRECO does not report on its meetings, nor is it required 
to  do  so,  which is  seen as  a  lack  of  transparency  according  to  civil  society  organisations82. 
Although  COPRECO  is  set  up  as  an  inter-ministerial  committee,  representatives  from  the 
private  sector  such  as  the  financial  sector  and  the  Chamber  of  Commerce  are  invited 
regularly83. Depending on the topics to be discussed, COPRECO may also invite civil society 
organisations, although this does not happen structurally, which indicates a potential imbalance 
in  its  consultation  of  external  stakeholders.  Luxembourg  does  not  have  a  specialised  anti-
corruption body or an anti-corruption strategy and there are currently no plans to change the 
current set-up84 of COPRECO into a specific anti-corruption body within the meaning of the 
UN Convention against Corruption85. 

Some progress has been made on lobbying, since the implementation of the transparency 
register  for  Members  of  Parliament  is  minimal  and  the  legislation  remains  to  be 
evaluated.  The  2022  Rule  of  Law  Report  recommended  to  Luxembourg  to  ‘continue  to 
implement  and  evaluate  the  new  legislation  on  lobbying  the  Parliament,  including  the 

of the Member of the Government in office; and to former members of the Government for offences alleged 
to have been committed in the performance of their former duties. It also applies to members of the European 
Commission  for  offences  referred  to  in  Articles  246  to  252  and  496-1  to  496-4  of  the  Criminal  Code, 
committed in the performance of their duties. 

77   The Law of 3 March 2023 shall cease to apply from the entry into force of a law revising the Constitution and 
repealing Article 82 currently in force. Any acts of investigation and prosecution validly carried out under this 
Law shall continue to produce their legal effects in the course of the proceedings concerning the member of 
the Government. 

78   Information received in the context of the country visit to Luxembourg from the Prosecutor’s Office.  
79   COPRECO is required by law to  meet at least twice  a year according to Art.  3(1) of the Regulation of 15 
February 2008 determining the composition and operation of the Committee for the Prevention of Corruption. 
See  also  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Luxembourg,  p.  9.  A 
meeting took place on 18 April 2023 and the next one is planned for October or November 2023. Information 
received from COPRECO in the context of the country visit to Luxembourg. 

80   Ibid. There will be an on-site visit in May and a plenary discussion at the OECD in December 2023.  
81   Ibid. 
82   Information received in the context of the country visit to Luxembourg from StopCorrupt.  
83   Information received from COPRECO in the context of the county visit to Luxembourg.  
84   Ibid.  
85   Parties to the UN Convention against Corruption are required to ensure the existence of an independent body 
that  oversees  and  coordinates  preventive  anti-corruption  policy.  Luxembourg  ratified  the  Convention  on  6 
November 2007, which entered into force on 14 December 2005. 

10 

 
                                                           
transparency register’86. As  reported in  the previous Rule of  Law report87, the transparency 
register  was  created  by  law  on  9  December  202188.  The  transparency  register  became 
operational  and  is  publicly  available  through  the  website  of  the  Parliament89.  Members  of 
Parliament must reject any request for a meeting with persons or organisations, which are not 
registered. However, the information in the transparency register is limited and does not yet 
include the information required by the amendment to the Rules of Procedure of the Chamber 
of Deputies on the transparency register90. Both the content and the format of the register have 
been  criticised  as  insufficient  for  ensuring  transparency91.  Due  to  the  recent  set  up  of  the 
register, there has not yet been any evaluation of the functioning of the transparency register, 
and none is currently planned92. Overall, there has been some progress on the implementation 
of the recommendation made in the 2022 Rule of Law Report.  

A register to increase transparency about meetings between members of the Government, 
their advisers and third parties, is operational and publicly available, and draft codes of 
conduct for local level political officials have been proposed. Following the implementation 
in May 2022 of the Codes of Conduct for members of the Government and their advisers93, 
meetings between members of Government, advisers and representatives of interest groups or 
other  third  parties  have  to  be  registered,  provided  that  their  purpose  is  to  influence  the 
Government’s legislative or regulatory activity94. Besides organisational information about the 
meeting  and  attendees,  the  register  should  also  include  a  summary  of  the  stakeholders’ 
positions about such legislative or regulatory activities, or the laws or regulations adopted or 
planned  which  were  discussed95.  The  register  is  meant  to  remain  permanently  available96. 
According to the Government, the technical implementation of the transparency register was 
the  biggest  challenge  following  the  adoption  of  these  Codes  of  Conduct,  but  the  register  is 

86   2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 2. 
87   2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 10. 
88   Amendment of the Rules of Procedure of the Chamber of Deputies, Document 7499 of 2020-2021, 17 January 

2022. 

89   2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 10. In the 2022 

Rule of Law report, it was noted that the transparency register still had to be made operational.  

90   According to article 2.5 of the amendment, the register should include the name, the legal form, the address, 
the telephone number, email address, the company number in the trade and companies register, the objects of 
the association, company or group and the name of the third party represented, if any. The transparency register 
of the Parliament does not include the required information following article 2.5.  

91   StopCorrupts considers that the Parliament’s register is a simple Excel file that could be confused with a list 
of  the  various  companies  and  associations  present  in  the  country.  In  addition,  it  criticises  that  there  is  no 
mention of the interaction between the lobbyists and the  members  of Parliament.  As for the Government’s 
register,  the  ‘PDF’  format  would  not  adequately  allow  research  and  analysis.  Written  contribution  from 
StopCorrupt received in the context of the country visit to Luxembourg. 

92   Information received in the context of the country visit to Luxembourg from the Parliamentary administration. 
93   2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 10. Two separate 
Codes of Conduct for Members of Government and their advisers were adopted in March 2022. These codes 
include rules on gifts, revolving doors, conflict of interest and lobbying.  

94   Input from Luxembourg for the 2023 Rule of Law Report, p. 10. Information also received from the Ministry 

of State in the context of the country visit to Luxembourg.  

95   Input from Luxembourg for the 2023 Rule of Law Report, p. 10. Information also received from the Ministry 

of State in the context of the country visit to Luxembourg. 

96   Information received from the Ministry of State in the context of the country visit to Luxembourg. However, 
the information in the register is not updated in real-time or regularly. The most recent meetings included in 
the register took place in January 2023 

11 

 
                                                           
reportedly  functioning  well97.  Following  the  Grand  Ducal  Decree  of  14  March  202298  that 
increased  its  powers,  the  Ethics  Committee99  can  publish  communiqués  on  breaches  of  the 
Code  of  Conduct.  The  Ethics  Committee  may  also  at  any  time  issue  recommendations  to 
strengthen the Code of Conduct100. Progress to address the gap identified in last year’s Rule of 
Law Report101 has been made as regards elected representatives at municipal level. A draft law 
and  a  draft  Grand-Ducal  Regulation102  were  tabled  in  July  2022  with  the  aim  to  introduce 
ethical  principles  applicable  to  municipal  councilors  in  the  exercise  of  their  functions  and 
strengthen transparency in the exercise of local politics and administration. It also envisages 
the establishment of a committee of ethics for municipal councilors to advise on the application 
of the ethical principles103. The law will include rules on the limits of the amount of the gifts 
which municipal councilors may accept and an obligation for them to make a declaration of 
their real estate assets (including those of their spouses) and interests within one month of their 
taking office104. The Government is awaiting the opinion of the Council of State and intends to 
adopt the draft law and regulation in 2024105. As reported last year, there is no specific code of 
conduct for civil servants at local level, which constitutes an important gap106, and civil society 
has been asking for the development of such a code107. Civil servants at local level are subject 
to the Municipal Code, which sets out their rights and duties in general, as well as disciplinary 

97   Information received from the Ministry of State in the context of the country visit to Luxembourg. See also 
GRECO’s positive assessment on the implementation of its recommendation on this subject. GRECO (2022), 
Fifth Evaluation Round – Second Compliance Report, rec. v, para. 29-40. 

98   Grand  Ducal  Decree  of  14  March  2022  laying  down  rules  of  professional  conduct  for  members  of  the 

Government, Memorial A, 133. 

99   Written input received in the  context of the country  visit to Luxembourg  from  the Ethics Committee. The 
Government members undertake to comply, during and after the end of their term of office, with the rules of 
conduct set out in the amended Grand-Ducal Decree of 14 March 2022 laying down the rules of conduct for 
Government members. In accordance with Chapter 2 of the decree, an ethics committee has been set up to 
ensure the application of ethical rules. This committee  is composed of at least three persons, chosen  from 
among  Government  members,  deputies,  judges,  state  councillors  or  civil  servants  who  have  respectively 
ceased  their  mandates  or  their  functions.  The  members  of  the  ethics  committee  are  appointed  for  a  non-
renewable period of 5 years. 

100  The  amended  Grand  Ducal  Decree  of  14  March  2022  laying  down  the  rules  of  Conduct  for  Government 
members, A133, art. 28 (2) and the Grand-Ducal Decree of 14 March 2022 laying down the ethical rules for 
advisers who are attached to the Government, A134, art. 14(2). Written contribution received in the context 
of  the  country  visit  to  Luxembourg  from  the  Ethics  Committee.  In  April  2023,  the  Ethics  Committee 
recommended measures to further strengthen the functioning of the ethics committee, such as the possibility 
for the committee to hear experts. 

101  2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 11.  
102  Draft law PL No 8052 and draft Grand-Ducal Regulation (PRGD 61.113). 
103  Written contribution from the Ministry of Foreign and European Affairs in the context of the country visit to 

Luxembourg. 

104  Input  from  Luxembourg  for  the  2023  Rule  of  Law  Report,  pp.  9-10.  Information  also  received  from  the 
Ministry  of  State  in  the  context  of  the  country  visit  to  Luxembourg.  More  specifically,  the  municipal 
councillors are required to submit a declaration of interests that provides information on their professional, 
political and paid or unpaid activities, their participation in private law organizations, whether paid or not, and 
a declaration of real estate assets that provides information on their real estate assets as well as those belonging 
to their spouse or partner that are located on the territory of the municipality where the municipal councillors 
exercises their mandate. The content of these declarations will be specified in the draft Grand Ducal regulation 
61.113. Written contribution from the Ministry of Foreign and European Affairs in the context of the country 
visit to Luxembourg.  

105  Information received in the context of the country visit to Luxembourg from the Ministry of State.  
106  2022 Rule of Law report, Country Chapter on the rule of law situation in Luxembourg, p. 11. 
107  Written contribution received in the context of the country visit to Luxembourg from StopCorrupt.  

12 

 
                                                           
measures108.  Furthermore,  the  transparency  and  integrity  charter  for  the  General  Police 
Inspectorate was implemented on 1 May 2022.  

The  Court  of  Auditors  found  no  irregularities  in  relation  to  political  party  financing, 
while the financial control of municipalities remains with the Ministry of Internal Affairs. 
There have been no new developments concerning audits of political party financing since the 
political party financing rules only apply during elections109, which are taking place in October 
2023110. The Court of Auditors is responsible for the annual control of political party financing. 
It did not detect any irregularities or suspicions of corruption in 2022111. Furthermore, where 
public  resources  are  used  to  finance  political  parties,  the  Court  of  Auditors  audits  all  the 
accounts and balance sheets of parties at national and local level who have obtained at least 2% 
of the total votes112. The law on political party financing113 obliges political parties to register 
all donations above EUR 250 and make them public through the register of donations. Political 
parties may only accept donations from natural persons. The Court of Auditors does not check 
the gifts for individual members of Parliament114. In case of a breach of the Parliament’s Code 
of Conduct, the Parliament’s Advisory Committee has the competence to give guidance on the 
interpretation of the Code115. The Court of Auditors did not find any irregularities with regards 
to public procurement116, which the Court checks systematically117. While the Court can at any 
time  oversee  the  use  of  public  funds  given  to  any  public  or  private  legal  entity  in  specific 
investment cases at local level, it has no general oversight power at the level of municipalities 
since  financial  control  of  the  municipalities  is  done  by  the  Ministry  of  Internal  Affairs.  To 

108  Chapters 5 and 15 of the Municipal Code. Input from Luxembourg for the 2023 Rule of Law Report.  
109  2022 Rule of Law report, Country Chapter on the rule of law situation in Luxembourg, p. 11. 
110  Information received in the context of the country visit to Luxembourg from the Ministry of State.  
111  Information received in the context of the country visit to Luxembourg from the Court of Auditors. 
112  Those parties having presented a complete list in each electoral constituency during legislative elections and 
a  complete  list  during  the  European  elections  and  having  obtained  at  least  2%  of  the  total  votes.  Written 
contribution from the Court of Auditors in the context of the country visit to Luxembourg.  

113  Consolidated version applicable on 01/01/2020: Law of 21 December 2007 regulating the financing of political 

parties, Memorial A237, 5700.  

114  Article 6 of the Code of Conduct for Members of Luxembourg with respect to financial interests and conflict 
of interest stipulates that Members of Parliament are not allowed to accept gifts above EUR 150 and every gift 
below that amount should be registered in the publicly available register. The register of gifts for members of 
parliament can be found on the website of the Parliament. The most recent version of the register was published 
on 30 April 2022. 

115  Code of Conduct for Members of Luxembourg with respect to interests financial and Conflict of Interest, art. 
7. For example, in 2022, a member of Parliament asked for guidance concerning a secondary activity, after a 
parliamentary question was asked. The Advisory Committee concluded there was a conflict of interest and the 
member stepped down from the activity. Information received from the Parliamentary Administration in the 
context of the country visit to Luxembourg. See Advisory Committee Press release of 9 June 2022.  

116 The Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023) shows that 17% 
of companies in Luxembourg (EU average 26%) think that corruption has prevented them from winning a 
public tender or a public procurement contract in practice in the last three years. This is 9 percentage points 
below the EU average.  

117  Information received in the context of the country visit to Luxembourg from the Court of Auditors. The Flash 
Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023) shows that 17% of companies 
in Luxembourg (EU average 26%) think that corruption has prevented them from winning a public tender or 
a public procurement contract in practice in the last three years. This is 9 percentage  points below the EU 
average. 

13 

 
                                                           
ensure independent oversight at all levels of government, the Court has in the past requested 
that its oversight responsibilities be also extended to the municipal level118.  

The law aiming to transpose the Whistleblower Directive, amended following an opinion 
issued by the Council of State,  has been  adopted. As noted in  the previous Rule of  Law 
report119,  the  Government  adopted  a  draft  law  aiming  to  transpose  the  Whistleblower 
Directive120. Following an opinion on the draft law by the Council of State, the Government of 
Luxembourg amended the draft law  and published the law on 17 May 2023 in  the national 
gazette121. The scope of the law is broader than the EU directive122, as it covers all offenses 
that harm the public interests123.  

Measures are being taken to further strengthen collaboration to tackle financial crimes. 
Following the COVID-19 pandemic and the growing threat in relation to government support 
schemes124, the police is monitoring potentially fraudulent transactions at local, regional and 
national level. This system enables closer collaboration between the services involved in the 
detection of financial crimes such as fraud, money laundering and corruption of public funds. 
The  system  might  be  expanded  to  an  official  database125.  On  5  July  2022,  the  law  on 
management and recovery of seized or confiscated assets126 came into force. This obliges all 
actors,  in  particular  banking  establishments  and  financial  service  providers,  to  inform  the 
authorities  no  later  than  1  May  2023  of  all  assets  seized  within  the  framework  of  criminal 
proceedings, domestic or foreign. According to civil society, the law will benefit international 
corruption related work127.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The legal framework concerning media freedom and pluralism comprises a set of constitutional 
and legislative safeguards. Freedom of expression is explicitly recognised in the Constitution. 
The Law on Freedom of Expression in Media ensures protection for journalists128. The Law on 
Electronic Media guarantees the financial and administrative independence of the audiovisual 
media  regulator.  The  Law  on  Open  and  Transparent  Administration  regulates  access  to 
information held by public authorities and bodies. 

While  the  general  legal  framework  establishing  the  regulator  for  audio-visual  media 
services  and  its  functioning  remains  stable,  additional  tasks  have  been  added. 
Amendments to the electoral provisions introduced by Law of 22 July 2022 have added two 
additional  tasks  to  the  Luxembourg  Independent  Authority  for  Audiovisual  Media  (ALIA). 
ALIA  is  to  draw  up  guidelines  on  the  conditions  for  the  production,  programming  and 

118  Ibid.  
119  2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 11. 
120  Directive (EU) 2019/1937 on the protection of persons who report breached of Union law.  
121  Law of 16 May 2023 transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of 
23 October 2019 on the protection of persons who report breaches of law in the EU, Memorial A232, 12.  

122  A possibility allowed under the Directive and encouraged by the European Commission. 
123  Information received from the Ministry of State in the context of the country visit to Luxembourg.  
124  2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 11-12.  
125  Information received in the context of the country visit to Luxembourg from the Police.  
126  Law of 22 June 2022 on the management and recovery of seized or confiscated assets, Memorial A323, 7452.  
127  Written contribution from StopCorrupt in the context of the country visit to Luxembourg. 
128  Luxembourg ranks 20th in the 2023 Reporters without Borders World Press Freedom Index compared to 21st 

in the previous year. 

14 

 
                                                           
broadcasting  of  election  messages  of  political  parties  and  groups  of  candidates  as  well  as 
programmes relating to the electoral media campaign that audiovisual or audio media service 
providers entrusted with a public service mission are required to broadcast129. As regards its 
resources, there have been no significant changes since the publication of the 2022 Rule of 
Law Report despite the increase of its tasks. ALIA has asked for a substantial increase of human 
and financial resources to deal efficiently with its many tasks, for instance, in the context of 
electoral campaigns and in the area of media literacy and European affairs130.  

New  provisions  to  control  company  mergers,  when  introduced,  could  contribute  to 
improve transparency of media ownership. The analysis of results of the public consultation 
opened in January 2022 on possible measures to generally control company mergers is being 
finalised and a draft law is expected before the summer131. Given the highly concentrated media 
landscape  with  an  ownership  structure  that  is  not  fully  transparent  and  accessible132,  the 
possible introduction of such a general regime could also contribute to transparency of media 
ownership.  Further  measures  to  improve  transparency  of  media  ownership  may  be 
implemented in  the future, but  the Government  awaits the adoption of the European Media 
Freedom Act (EMFA) to have a solid ground on which to base them and to avoid creating any 
legal confusion before the EMFA is adopted133. 

The independence of public Radio 100,7 was reinforced. The Parliament adopted the law 
on the organisation of the public entity “Média de service public 100,7”134. The law strengthens 
the Luxembourg public service radio, which is now referred to as “public service media” and 
not  just  “radio”,  thus  opening  options  for  presence  in  other  media  than  radio,  for  instance 
online. Its missions and governance are revised, and its financing secured. Radio 100,7 is now 
called upon to develop a generalist programme of information, culture and entertainment. The 
programme  will  also  have  to  continue  to  reflect  the  values  of  the  public  service  through 
objective,  independent  and  pluralistic  media  coverage,  promoting  democratic  values,  in 
particular respect for fundamental rights. The independence of the Radio 100,7 management 
board  is  strengthened,  with  six  new  independent  members  from  civil  society  and  state 
representatives  reduced  to  three  (previously  four).  The  law  also  calls  for  regular  audience 
consultation through advisory meetings or other appropriate means. As an independent public 
institution with legal personality and financial and administrative autonomy, the 100,7 media 
will have to organise itself in such a way as to guarantee its autonomy and independence with 
regard to editorial decisions. The funding of the service is guaranteed, multi-year and stable. A 
Multiannual  (2024-2030)  Convention135  between  the  Government  and  the  Public  Service 
Media 100,7 was signed on 31 March 2023136. The budget for 2024 increases by more than 
25%137 and a total allocation for a 7-year period envisages almost EUR 80 million to pursue 

129  Article 35(1)(m) of the amended Act of 27 July 1991 on electronic media following the modification of 12 

August 2022. 

130  Written contribution from ALIA in the context of the country visit to Luxembourg. p. 4 and Media Pluralism 

Monitor 2023, country report for Luxembourg, p. 14 and p. 33. 

131  Information provided by the Government in the context of the country visit to Luxembourg. 
132   Media Pluralism Monitor 2023, country report for Luxembourg, pp. 17-18 and p.34. 
133  Information provided by the Government in the context of the country visit to Luxembourg. 
134   See Multiannual Convention between the Government and the Public Service Media 100,7 (2024-2030). 
135  Ibid. 
136  See Press release from the Government regarding the signing of the Multiannual Convention with Radio 100,7. 
137  The amount earmarked for 2024 is EUR 9 646 500 from EUR 7 567 287 in 2022. Figures provided by Radio 

100.7. 

15 

 
                                                           
Radio 100,7 current activities, continue the development of online services and keep up with 
innovation in technology. Advertising will continue to be prohibited on air and on the website, 
although sponsorship will continue to be allowed under strict conditions138. 

The  Multiannual  Convention  with  RTL  Group  for  their  “public  service  mission” 
activities was  renewed139.  RTL Group is  a private undertaking control by  the Bertelsmann 
group  with  no  direct  or  indirect  participation  of  the  LU  Government140.  On  14  June  2022, 
Luxembourg renewed for a period of seven years (2024-2030) the convention with RTL Group 
currently in place, since 2021. The convention covers RTL Group’s “public service mission” 
activities  in  television,  radio  and  online.  New  commitments  are  included  in  this  new 
convention,  namely,  the  commitment  of  RTL  to  create  a  programme  for  children  and  to 
establish, in collaboration with the University of Luxembourg, a so-called “Media Centre” to 
promote  media  education.  The  convention  also  includes  support  measures  for  the  local 
cinematographic and audiovisual sector through enhanced cooperation between RTL and the 
national support fund for audiovisual production. The Government provides for a guarantee to 
cover parts of the costs related to the production of some agreed TV and radio programmes and 
related digital activities, based on a defined set of criteria and an annual maximum amount of 
EUR 15 million141.  

Some progress has been made to reduce the time of processing requests from journalists 
for  disclosure  of  official  documents,  while  some  demands  from  journalists  remain 
unaddressed142. The 2022 Rule of Law Report recommended to Luxembourg to “reduce the 
time  of  processing  of  requests  for  disclosure  of  official  documents,  taking  into  account 
European standards on access to official documents”143. While the law on general access to 
information and documents144 is still under evaluation, on 27 June 2022 the Government issued 
a lettre circulaire to the services in the administration concerning the “rights and obligations 
of  state  servants  in  their  relations  with  the  press”145.  Its  purpose  is  to  establish  a  uniform 
procedure to respond to journalists’ requests for information, easing the flow of information 
and respecting the timely responses required by journalistic work. It instructs state agents to 
reply to press requests within 24 hours, with the information required or an estimate of the time 
needed  to  reply  or  indicating  the  legal  reasons  why  the  information  cannot  be  provided. 
However, journalists consider the circulaire insufficient, as its nature entails that there is no 
right to challenge the decision of the administration on access to information before the courts. 
Journalists’ representatives have reiterated that the exercise of their profession needs a fast-
track option, different from the general right to access to information for citizens146. They have 

138  Written contribution provided by ALIA in the context of the country visit to Luxembourg. 
139  See Press release from the Government regarding the signing of the Multiannual Convention with RTL Group. 
140  https://company.rtl.com/en/investor-relations/our-share#shareholding-structure. 
141  Law of 22 May 2022, authorizing the financing of the public Service mission of RTL for the period (2024-

2030).  

142  Information note provided by the ALJP in the context of the country visit to Luxembourg. 
143  2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 2. 
144  Law of 14 September 2018 on open and transparent administration. 
145  Referred to as the Circulaire Bettel. 
146  Information note provided by the ALJP in the context of the country visit to Luxembourg. 

16 

 
                                                           
been calling on the Government to introduce such a procedure in the law of 8 June 2004 on 
freedom of expression in the media147. Therefore, some progress has been made.  

The professional environment for journalists continues to be safe. The framework for the 
protection  of  journalists  remains  robust148.  The  Council  of  Europe  Platform  to  promote  the 
protection of journalism and safety of journalists has not registered any alerts for Luxembourg 
for 2022 and 2023149. Since the 2020 Rule of Law Report150, no major legislative developments 
have  taken  place  as  regards  the  framework  for  the  protection  of  journalists.  Criminal 
defamation prosecutions against the media continue to be scarce, but journalists reiterate their 
concern that lawsuits may be used to intimidate media and journalists with new cases emerging 
sporadically151.  The  Government  provides  financial  support  to  the  Press  Council  and  the 
Luxembourg  Professional  Association  of  Journalists,  which  covers  partially  the  expenses 
related to the legal protection of their members152. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Luxembourg is a unicameral153 parliamentary democracy, in which legislative proposals can 
originate from the Government and from members of Parliament. The Council of State gives 
an advisory opinion on draft legislation, whether proposed by the Government or by members 
of  Parliament.  The  Constitutional  Court  scrutinises  the  constitutionality  of  legislation. 
Independent authorities, such as the Consultative Commission for Human Rights (CCDH), the 
Ombudsperson and the Ombudsperson for children and youngsters, play an important role in 
the system of checks and balances. 

The constitutional reform introducing a legislative initiative for citizens was adopted. On 
21 December 2022, the Parliament adopted the constitutional reform establishing the right of 
legislative initiative for citizens154. The adopted constitutional reform provides that Parliament 
decides in public session on the reasoned proposals for the purposes of legislating, presented 
by 125 citizens and supported by at least 12 500 citizens having the right to vote155. The new 
text also specifies that the exercise of this right of legislative initiative would be regulated by 
law. A draft law tabled in Parliament at the same time156 sets out the scope of the legislative 

147  The Professional Association of Luxembourg Journalists (ALJP) and the Press Council suggested already in 
2017 draft amendments for that purpose.Information note provided by the ALJP in the context of the country 
visit to Luxembourg. 

148  The framework for the protection of journalists is based on a set of constitutional and legislative safeguards. 
In particular, the law on freedom of expression in the media provides protection for the journalists working in 
Luxembourg. Journalists are legally protected in cases of editorial change, and journalistic sources are well 
protected too. – See 2020 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, 
p. 8. 

149  Council  of  Europe  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists 

https://fom.coe.int/en/pays/detail/11709546. 

150  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 14. 
151  Information received in the context of the country visit to Luxembourg (e.g. ALJP).  
152  Information received in the context of the country visit to Luxembourg (e.g. Ministry of State)  
153  The parliament is composed of the Chamber of Deputies.  
154  Project No. 7777 - Proposition for revision of Chapters IV and Vbis of the Constitution. Promulgated on 17 

January 2023 and entered into force 1 July 2023. 

155  Input from Luxembourg for the 2023 Rule of Law Report, p. 16. See also 2022 Rule of Law Report, Country 

Chapter on the rule of law situation in Luxembourg, pp. 14-15. 

156  Project No. 8037 – Draft law on the reasoned proposals for the purpose of legislating. 

17 

 
                                                           
initiative157,  the  conditions  for  its  admissibility158,  and  the  detailed  procedure  before  the 
Parliament159. Following an opinion of the Council of State160, new amendments were tabled 
before  the  Parliament  on  17  May  2023.  The  expectations  are  that  the  draft  law  would  be 
adopted during the summer of 2023161. 

The legislative process has not improved in terms of openness of the public consultations. 
The  2022  Rule  of  Law  Report  recommended  to  Luxembourg  to  “improve  the  legislative 
decision-making  process  by  providing  wider  possibilities  for  stakeholders  to  participate  in 
public consultations”162. As mentioned in the 2021 and 2022 Rule of Law Reports163, concerns 
have  been  raised  as  regards  the  regularity  and  extent  of  stakeholder  consultations  in  the 
decision-making  process.  Throughout  the  ordinary  legislative  procedure,  a  consultative 
opinion of the Council of State is mandatory for every proposed legislation. In addition, there 
are five professional chambers164, which are consulted in their respective field of expertise. The 
consultations with the Consultative Commission for Human Rights (CCDH)165 continue to take 
place,  as  described  in  the  2022  Report166.  The  CCDH  is  regularly  consulted  on  legislation 
potentially  affecting  the  fundamental  rights  of  citizens167,  but  continue  not  to  be  consulted 
when  it  comes  to  non-legislative  measures,  such  as  ordinances168.  However,  according  to  a 
recent  report,  the  process  does  not  appear  to  be  structurally  open169,  in  particular  to 
stakeholders170. Stakeholders also confirmed that the situation remains the same as in previous 
years and there was no effective follow-up by state authorities to improve the possibilities for 
stakeholders to participate in public consultations171. Thus, there has been no further progress 
in addressing the 2022 recommendation. 

157  Art. 3(1) of Project No. 8037 – Draft law on the reasoned proposals for the purpose of legislating. 
158  Art. 3(2) of Project No. 8037 – Draft law on the reasoned proposals for the purpose of legislating. 
159  Art. 8 to 11 of Project No. 8037 – Draft law on the reasoned proposals for the purpose of legislating. 
160  Opinion CE : 61.081, of 25 April 2023 on Project No. 8037. 
161  Information  received  from  the  Chambre  des  Députés  (Parliament)  in  the  context  of  the  country  visit  to 

Luxembourg.  

162  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 2. 
163  See 2021 and 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 15. 
164  Chamber of Employees; Chamber of Civil Servants and Public Employees; Chamber of Agriculture; Chamber 

of Commerce; Chamber of Trades. 

165  The UN Committee on Economic, Social  and Cultural  Rights recommended to Luxembourg to extend the 
mandate  of the CCDH to receive individual complaints and to increase the  financial and human resources 
allocated to the institution. See Contribution from OHCHR on Luxembourg for the 2023 Rule of Law Report, 
p. 2. The CCDH has an A-status re-accreditation as a National Human Rights Institution by Global Alliance 
of National Human Rights Institutions (GANHRI). 

166  2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 15. 
167  Information received from CCDH in the context of the country visit to Luxembourg. 
168  Written contribution from ENNHRI on Luxembourg for the 2023 Rule of Law Report, p. 8. 
169  Outside  of  the  mandatory  consultation  process  of  the  professional  chambers  and  the  Council  of  State,  the 
independent authorities, such as the CCDH, are able to submit opinions. Furthermore, other stakeholders, such 
as Civil Society Organisations, can submit opinions but they are not published on the website and there is no 
information  to  what  extent  they  have  been  followed  or  why  they  have  not  been  followed.  For  the  general 
public, it seems that there is no possibility to submit opinions on draft laws. 

170  OECD Better Regulation Practices across the European Union 2022, p. 180. See also 2021 and 2022 Rule of 

Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 11-12.  

171  Written contribution from ENNHRI on Luxembourg for the 2023 Rule of Law Report, p. 10. See also written 
contribution from CCDH for the 2023 Rule of Law Report, pp. 15-18. Information also received by CCDH, 
OKaJu and Initiative Devoir de Vigilance in the context of the country visit to Luxembourg. 

18 

 
                                                           
The  Ombudsperson  was  inscribed  in  the  Constitution,  following  the  adoption  of  a 
constitutional  reform.  On  21  December  2022,  the  Parliament  adopted  the  constitutional 
reform  dealing  with  the  powers  of  the  Parliament172,  which  anchors  the  institution  of  the 
Ombudsperson  in  the  Constitution.  As  mentioned  in  the  2022  Rule  of  Law  Report173,  a 
comprehensive constitutional reform had been proposed but eventually put aside in 2019174, 
and was later followed by the reintroduction of the provision related to the Ombudsperson in 
the targeted constitutional revision mentioned above. As mentioned in last year’s report175, the 
Ombudsperson recommended modifying the law establishing the Ombudsperson institution176 
in  order  to  introduce  the  right  to  an  own-initiative  opinion  and  expand  some  other 
competencies. This proposal has not yet received any follow-up from the authorities177. 

On 1 January 2023, Luxembourg had one judgment of the European Court of Human 
Rights pending implementation, an increase of one compared to the previous year178. The 
case concerns a breach of the right to access to a court due to the inadmissibility of a cassation 
appeal  in  civil  matters  based  on  excessive  formalism  by  the  Court  of  Cassation179.  As  of 1 
January  2023,  Luxembourg’s  rate  of  leading  judgments  from  the  past  10  years  that  remain 
pending was at 25% (compared to 0% at the start of 2022)180. The judgment has been pending 
for  almost  12  months.  On  15  June  2023,  the  number  of  leading  judgments  pending 
implementation has increased to two181. 

Mechanisms  for  follow-up  on  non-execution  of  judgments  are  available  for 
administrative  cases.  In  case  of  a  non-execution  of  a  judgment  by  an  organ  of  the 
administration  for  more  than  three  months,  the  concerned  party  can  seize  the  court  that 
pronounced  the  judgment  in  order  to  appoint  a  special  commissioner.  The  special 
commissioner  will  then  take  the  necessary  action  for  the  authority  that  has  to  execute  the 
decision182.  When  the  decision  should  be  taken  by  a  decentralised  public  person  or  by  a 
deconcentrated  authority,  this  special  commissioner  is  chosen  from  among  the  senior  civil 
servants of the supervising ministry, or the ministry having a direct link with the legal person 
of public law concerned183. In other cases, the special commissioner is chosen from among the 
members of the court184. Other mechanisms in case of a non-execution of a judgment from the 
organs of the administration also exist. Firstly, the court which pronounced the judgment can 

172  Project No. 7777 - Proposition for revision of Chapters IV and Vbis of the Constitution. Promulgated on 17 

January 2023 and will enter into force 1 July 2023. 

173  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 15. 
174  Project No. 6030. See also 2021 Rule of Law Report, chapter on Luxembourg, p. 2. Between 2009 and 2019, 
a  new  draft  Constitution  was  debated  in  Luxembourg.  This  project  was  abandoned  in  2020  and  has  been 
replaced by a proposal to make several targeted revisions of different parts of the Constitution. 
175  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 15. 
176  Recommendation 51 – Modification of the Law of 22 August 2003 on the establishment of the Ombudsperson. 
177  Information received from the Ombudsperson in the context of the country visit to Luxembourg.  
178  The  adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 

supervised by the Committee of Ministers of the Council of Europe. 

179  Judgment of the European Court of Human Rights of 12 October 2021, Foyer Assurances S.A. v. Luxembourg, 

35245/18. 

180  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2022 Rule of Law Report, p. 5. 

181  Data according to the online database of the Council of Europe (HUDOC-EXEC). 
182  Art. 84 of the Law on the organisation of the administrative justice.  
183  Written contribution from the Supreme Court in the context of the country visit to Luxembourg, pp. 12 - 13. 
184  Art. 85 of the Law on the organisation of the administrative justice. 

19 

 
                                                           
recall the judgement by announcing it again, to remind the administrative authority concerned 
about the necessary actions to be taken. Moreover, the court can decide to publish the judgment 
in the Official Journal to make it more visible185.  

A  new  Government  initiative  provides  further  support  for  civil  society  organisations 
online. The civic space remains open186. Since the publication of the 2022 Rule of Law Report, 
there have been no changes to the legislative framework regarding civil society organisations 
(CSOs). Stakeholders have reported that the work environment for CSOs has been safe and 
enabling, and does not call for changes187. With the online world becoming a more prominent 
working  place  for  everyone,  including  CSOs,  the  Government  launched  an  initiative  called 
“BEE SECURE”, which promotes a safer, more responsible and more positive use of digital 
technology and online environments188. The platform provides a general point of information 
and  point  of  contact  for  questions  related  to  online  security  and  the  responsible  use  of 
communication technology. It also offers a supporting service to anonymously report potential 
illegal content encountered online189.  

185  Information received from the Supreme Court and the Council of State in the context of the country visit to 

Luxembourg. 

186  See 2021 and 2022 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 13 
and p. 16. See also rating given by CIVICUS. Ratings are on a five-category scale defined as: open, narrowed, 
obstructed, repressed and closed. 

187  Information received from Initiative Devoir de Vigilence and Business & Human rights in the context of the 

country visit to Luxembourg.  

188  Input from Luxembourg for the 2023 Rule of Law Report, p. 18. The online platform is not specifically made 

for CSOs but for the wider public. Nevertheless, CSOs seem to be the ones predominantly using it. 

189  For more information see the website of BEE SECURE https://www.bee-secure.lu/fr/a-propos/.  

20 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
found 
stakeholder-consultation_en.  

be 

at 

CCDH (2023), Written contribution from the CCDH for the 2023 Rule of Law Report. 

Civicus, Monitor tracking civic space – Luxembourg https://monitor.civicus.org/country/luzembourg/. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe: Venice Commission (2020), Bulgaria - Urgent interim opinion on the draft new 
constitution opinion (CDL-AD(2020)035). 

Council of Europe, Platform to promote the protection of journalism and safety of journalists 

Directorate-General for Communication (2023), Special Eurobarometer 534: corruption 

Draft Grand-Ducal Regulation laying down the composition, organisation, operation and attendance 
of the Municipal Councillor’s Ethics Committee and the content of the declaration of interests and the 
declaration 
councillors  
https://legilux.public.lu/eli/etat/projet/pr/20220102.  

municipal 

property 

of 

of 

ENNHRI (2023), Written contribution from ENNHRI for the 2023 Rule of Law Report. 

European Court of Human Rights, judgment of 12 October 2021, Foyer Assurances S.A. v. Luxembourg 
35245/18.  

European  Committee  of  Social  Rights  Decision  of  20  October  2020,  International  Commission  of 
Jurists (ICJ) v. Czech Republic, Complaint No. 148/2017. 

European Court of Human Rights, judgment of 27 November 2008, Salduz v. Turkey [GC], 36391/02.  

European Court of Human Rights, judgment of 13 September 2016, Ibrahim and Others v. the United 
Kingdom [GC], 50541/08 et al.  

European Court of Human Rights, judgment of 9 November 2018, Beuze v. Belgium, 71409/10. 

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Luxembourg. 

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Luxembourg. 

European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Luxembourg. 

European Commission (2023), The EU Justice Scoreboard.  

European  Network  of  National  Human  Rights  Institutions  (2023),  European  Network  of  National 
Human Rights Institutions contribution for the 2023 Rule of Law Report. 

European Parliament and Council of the European Union (2003), Council Directive 2002/8/EC of 27 
January 2003 to improve access to justice in cross-border disputes by establishing minimum common 
rules relating to legal aid for such disputes 

European  Parliament  and  Council  of  the  European  Union  (2013),  Directive  2013/48/EU  of  the 
European  Parliament  and of  the  Council  of  22  October  2013  on the  right  of  access  to  a  lawyer  in 
criminal proceedings and in European arrest warrant proceedings, and on the right to have a third 
party informed upon deprivation of liberty and to communicate with third persons and with consular 
authorities while deprived of liberty. 

21 

 
European Parliament and Council of the European Union (2016), Directive 2016/800 of the European 
Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects 
or accused persons in criminal proceedings 

European Public Prosecutor’s Office (2023), Annual Report 2022. 

GRECO (2022), Fifth Evaluation Round - Second Compliance Report on Luxembourg on preventing 
corruption  and  promoting  integrity  in  central  governments  (top  executive  functions)  and  law 
enforcement agencies. 

Luxembourg 
assets/documents/actualites/2022/06-juin/27-bettel-circulaire/20220727-lettre-circulaire-aux-
departements-ministeriels-public.pdf. 

Government 

Circulaire 

(2022), 

Bettel: 

https://gouvernement.lu/dam-

Luxembourg Government (2023), Input from Luxembourg for the 2023 Rule of Law Report. 

Media Pluralism Monitor 2023, Country report for Luxembourg. 

Multiannual Convention between the Government and the Public Service Media 100,7 (2024-2030). 
https://gouvernement.lu/dam-assets/documents/actualites/2023/03-mars/31-convention-media-service-
public/convention-31032023.pdf. 

Online platform, BEE SECURE - https://www.bee-secure.lu/fr/a-propos/.  

Organisation for Economic Co-operation and Development (2022), Better Regulation Practices across 
the European Union 2022.  

Government of Luxembourg (2022), Press release regarding the signing of the Multiannual Convention 
Group 
RTL 
with 
https://smc.gouvernement.lu/fr/support/recherche.gouvernement%2Bfr%2Bactualites%2Btoutes_a
ctualites%2Bcommuniques%2B2022%2B06-juin%2B14-bettel-convention.html. 

 Government  of  Luxembourg  (2023),  Press  release  regarding  the  signing  of  the  Multiannual 
Radio 
Convention 
100,7https://smc.gouvernement.lu/fr/actualites.gouvernement%2Bfr%2Bactualites%2Btoutes_actu
alites%2Bcommuniques%2B2023%2B03-mars%2B31-convention-media-service-public.html. 

with 

Project No. 6030, A new draft Constitution http://legilux.public.lu/eli/etat/projet/ppc/10000.  

Project  No.  7323A,  Draft 
https://beta.legilux.public.lu/eli/etat/projet/pl/20170534. 

law  on 

the  organisation  of 

Project  No.  7323B,  Draft 
https://beta.legilux.public.lu/eli/etat/projet/pl/20170561.  

law  on 

the  organisation  of 

the  Council 

for 

the 

judiciary 

the  Council 

for 

the 

judiciary 

Project  No.  7575,  Revision  of  Chapter  VI  (on  Justice)  of  the  Constitution,  full  text  of  the  project 
http://data.legilux.public.lu/file2/2021-02-24/23.  

Project  No.  7777,  Proposition  for  revision  of  Chapters  IV  and  Vbis  of  the  Constitution 
http://legilux.public.lu/eli/etat/projet/ppc/20130260. 

Project No. 7959,  Draft law on the organisation of legal aid and repealing article 37-1 of the amended 
law of 10 August 1991 on the legal profession. https://beta.legilux.public.lu/eli/etat/projet/pl/20170566. 

Project No. 8037, Draft law on the reasoned proposals for the purpose of legislating. 

Project No. 8052, Draft law amending: 1° of the amended municipal law of 13 December 1988; 2° of 
the  Criminal  Code;  3°  of  the  amended  Law  of  19  July  2004  on  municipal  development  and  urban 
development 
https://www.chd.lu/en/dossier/8052.  

Project No. 8109, Draft law accompanying the project for digitalisation of the administrative justice. 

22 

 
Recommendation  51,  Modification  of  the  Law  of  22  August  2003  on  the  establishment  of  the 
Ombudsperson. - https://www.ombudsman.lu/uploads/RC/RC51.pdf. 

Transparency International (2023), 2022 Corruption Perception Index. 

UNODC (2015) Country Review Report of Luxembourg. 

Reporters without Borders - Luxembourg: https://rsf.org/en/country/luxembourg 

UN, OHCHR (2023), Written contribution from the OHCHR for the 2023 Rule of Law Report. 

23 

 
 
 
Annex II: Country visit to Luxembourg 

The Commission services held virtual meetings in March 2023 with: 

Initiative devoir de vigilance  
Internal Security Service 

  Chambre des Députés (Parliament) 
  Committee for the Prevention of Corruption (COPRECO) 
  Constitutional Court 
  Consultative Commission for Human Rights (CCDH) 
  Council of State 
  Court of Audit 
  Groupement des magistrats Luxembourgeois 
 
 
  Luxembourg Association of Journalists (ALJP) 
  Luxembourgish Media Regulator (ALIA) 
  Ministry of Foreign and European Affairs 
  Ministry of Interior 
  Ministry of Justice 
  Ministry of State 
  Ombdusperson for children (OKaJu) 
  Police Grand Ducal 
  Press Council of Luxembourg 
  Prosecution service 
  Public service media 100,7 
  Supreme Court of Justice 
  The Commission for access to documents 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 
 
 
 
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  
JEF Europe  

24 

 
 
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

25