In Luxembourg, modernized constitution comes into force

By Jérôme Wiss, 3 July 2023
President of the Chamber of Deputies Fernand Etgen and the Grand Duke Henri at the unveiling of a commemorative plaque (photo credit: Chamber of Deputies)
President of the Chamber of Deputies Fernand Etgen and the Grand Duke Henri at the unveiling of a commemorative plaque (photo credit: Chamber of Deputies)
[Original in French] The Constitution is being modernized, 175 years after its adoption. A new text came into force on 1 July, more than 14 years after the first proposal for revision, filed on April 21, 2009, by CSV deputy Paul-Henri Meyers [...] Citizens will be able to submit bills to the Chamber of Deputies. The idea dates from the government program of 1999, but the Council of State opposed it due to a lack of a constitutional basis. The new fundamental law finally allows it. [...] The right to housing is also included. Article 40 of the new Constitution states that "the State ensures that everyone can live with dignity and have appropriate Housing." The right to work, the safeguarding of biodiversity, the protection of cultural heritage are also included in the text. This also recognizes animals as living beings endowed with sentience, and, therefore, "the State takes care to protect their well-being." [... ] The old Constitution did not mention the head of government. The new version indicates that "the Prime Minister coordinates the action of the government and sees to the maintenance of the unity of the governmental action," but also that "he engages the responsibility of the new government on the occasion of the presentation of the program government before the Chamber of Deputies. As for the government, it 'directs the general policy of the State' and 'is made up of a Prime Minister, one or more Deputy Prime Ministers, ministers and, if necessary, one or more deputy ministers and secretaries of state,' everyone being appointed and dismissed by the Grand Duke. The old fundamental law simply said that 'the King Grand Duke regulates the organization of his government, which is composed of at least three members.'" [...] Already a parliamentary democracy, Luxembourg will have a strengthened Chamber of Deputies. Parliament can now table a motion of censure against the government. The Prime Minister can also engage the responsibility of his government before the Chamber during the vote on a bill or a government declaration. If the deputies refuse it confidence, the government must resign. In addition, the deputies' right of inquiry is facilitated. [...] The new Constitution creates a new body, the National Council of Justice, whose mission is to ensure the proper functioning of justice while respecting its independence. It will be composed in majority of magistrates.
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