Luxembourg

   

Executive Accountability

#5
Key Findings
With a strongly consensus-driven system, Luxembourg falls into the top ranks internationally (rank 5) in terms of executive accountability. Its score on this measure has improved by 0.1 point relative to its 2014 level.

Parliamentarians have adequate resources, and formal oversight powers are strong. A minister for relations with parliament fosters relations with the executive. The low-profile Court of Auditors effectively reviews public spending. The Ombuds Office is a useful instrument for noncitizen residents, and the National Data Protection Commission oversees the legality of personal data processing.

The government has implemented a number of programs in recent years designed to enhance citizen participation. Facility with Luxembourgish is often required for political participation of this nature. The public shows only a modest interest in political processes. Media coverage is often reactive.

Political parties vary in their approach to internal democracy. The government is required to consult with economic associations, which have well-developed research units. Other interest groups are also influential, though they tend to have fewer resources.

Citizens’ Participatory Competence

#7

To what extent are citizens informed of public policies?

10
 9

Most citizens are well-informed of a broad range of public policies.
 8
 7
 6


Many citizens are well-informed of individual public policies.
 5
 4
 3


Few citizens are well-informed of public policies; most citizens have only a rudimental knowledge of public policies.
 2
 1

Most citizens are not aware of public policies.
Political Knowledge
8
In Luxembourg, people can play an active part in democratic life of the country by participating in individual activities (voting, public petitions), or by getting involved in civic associations. Institutions encourage people to take part in public decision-making.

For example, in the 2021 State of the Nation address, the prime minister announced the creation of a Citizen’s Council on Climate (composed of a hundred representative members of the population), with the goal of giving people the opportunity to debate climate issues alongside the experts. The starting point for discussions will be the Integrated National Energy and Climate Plan. Xavier Bettel said: “More than ever, we need a social consensus on how we want to tackle the climate crisis together.”

Citizen’ can submit petitions (written in French, German or Luxembourgish) on the website of the Chamber of Deputies. To ensure acceptance, at least 4,500 signatures are required. Thereafter, the petition will be discussed in a public debate, broadcast on ChamberTV and streamed on the parliament website. In 2021, 285 public petitions were submitted to the Chamber of Deputies, one of which sought to promote a referendum on constitutional matters. As the total number of valid signatures (7,413) was much less than 25,000 signatures required, the proposal to bring the revision of Chapter VI of Luxembourg’s constitution to a public vote was not successful.

Other examples of people taking action in Luxembourg include protests over the lack of affordable housing, with several demonstrations held in Esch-sur-Alzette and Luxembourg City in 2020 and 2021, as well as protests bringing together several thousand participants held by Luxembourg’s branch of the global environmental movement “Youth for climate,” inspired by the Swedish climate activist Greta Thunberg, which carried out climate protests in 2020 and 2021.

However, knowledge of Luxembourgish has an important role in political participation, as most political debates and information distribution takes place in this specific national language. This may make it more difficult for non-speakers to participate in the political sphere.

Citations:
“Press release by the prime minister, Minister of State, on the result of the signature collection for a referendum on the proposal to revise Chapter VI of the Constitution.” Official elections website of the Grand Duchy of Luxembourg (5 January 2022). https://elections.public.lu/en/actualites/2022/resultat-signatures-referendum.ht ml. Accessed 14 January 2022.

“State of the Nation 2021.” Xavier Bettel (12 October 2021). https://gouvernement.lu/en/gouvernement/xavier-bettel/actualites.gouvernement%2B en%2Bactualites%2Btoutes_actualites%2Bdiscours%2B2021%2B10-octobre%2B12-etat-de- la-nation.html. Accessed 14 January 2022.

“Waves of demonstrations for housing in Luxembourg.” DiEM 25 (02.10.2021). https://diem25.org/luxemburg-tenants-and-activists-join-waves-demonstrations-for-housing/. Accessed 14 January 2022.

“Le Plan national intégré en matière d’énergie et de climat (PNEC).” Le Gouvernrment du Grand-Duché de Luxembourg (2020). https://environnement.public.lu/fr/actualites/2020/05/pnec.html. Accessed 14 January 2022.

“Development of public spaces through civic engagement – Placemaking.” Ville de Luxembourg (2021). https://www.vdl.lu/en/city/get-involved/development-public-spaces-through-civic-engagement-placemaking

“The petition website of the Parliament.” Chambre des Députés. https://www.petitiounen.lu/en/. Accessed 14 January 2022.

XR Luxembourg. https://www.extinctionrebellion.lu/. Accessed 14 January 2022.

Does the government publish data and information in a way that strengthens citizens’ capacity to hold the government accountable?

10
 9

The government publishes data and information in a comprehensive, timely and user-friendly way.
 8
 7
 6


The government most of the time publishes data and information in a comprehensive, timely and user-friendly way.
 5
 4
 3


The government publishes data in a limited and not timely or user-friendly way.
 2
 1

The government publishes (almost) no relevant data.
Open Government
8
Luxembourgish government administrations and departments are required to publish their documents online, either on their own websites or on the Luxembourgish data platform (in French and English). This procedure reflects a policy of openness to citizens (be they natural or legal persons) with regards to the documents held by government administrations and departments, communes, public sector establishments, legal persons providing public services, the Chamber of Deputies, the Council of State, the Ombudsman, the Court of Auditors and professional chambers. All such documents are provided free of charge, although a small fee may be requested if copies are issued.

This right does not apply to documents pertaining to foreign relations, Luxembourg national security or public order, the safety of persons or their right to privacy, or financial data such as corporate tax breaks (“rulings”).

In most cases, information is available in French, German and English. However, much of the data is provided only in French, which is not easy to understand for Germanophone citizens. Data in Luxembourgish are made available more and more frequently. Nevertheless, journalists and the public often have difficulties in understanding and evaluating the published data.

Citations:
“La plateforme des données luxembourgeoises.” Le Gouvernement du Grand-Duché de Luxembourg. https://data.public.lu/fr/. Accessed 14 January 2022.

Statistics portal: https://statistiques.public.lu/en/ Accessed 14 January 2022.

Statistikportal des Großherzogtums Luxemburg: http://adem.public.lu/de/marche-emploi-luxembourg/faits-et-chiffres/statistiques/statec/index.html. Accessed 14 January 2022.

Legislative Actors’ Resources

#15

Do members of parliament have adequate personnel and structural resources to monitor government activity effectively?

10
 9

The members of parliament as a group can draw on a set of resources suited for monitoring all government activity effectively.
 8
 7
 6


The members of parliament as a group can draw on a set of resources suited for monitoring a government’s major activities.
 5
 4
 3


The members of parliament as a group can draw on a set of resources suited for selectively monitoring some government activities.
 2
 1

The resources provided to the members of parliament are not suited for any effective monitoring of the government.
Parliamentary Resources
8
The members of Luxembourg’s Chamber of Deputies must balance a heavy workload with dual mandates and other professional activities, including municipal councils and/or professional employment. According to the regulations of Luxembourg’s unicameral parliament, members can employ a personal assistant and recuperate some costs within the limits of eligible expenses. In practice, the parliamentary groups instead employ a pool of assistants who work for all the members of parliament of their group, rather than each member of parliament having his or her own assistant. Members of parliament can consult with external experts as part of the functioning of parliamentary commissions. In addition, they have access to a central state computer system to review databases, surveys, reports, agendas and other important information.

Citations:
“Réglement de la Chambre des Députés.” Chambre des Députés du Grand-Duché de Luxembourg (16 décembre 2021). https://www.chd.lu/wps/wcm/connect/public/dadc958b-a532-4acb-ae85-5f7b20ed05a2/R eglement+CHD16122021.pdf?MOD=AJPERES&ContentCache=NONE&CACHE=NONE&CVID=nUw4CwA. Accessed 14 January 2022.

Bossaert, Danielle (2019): How size matters. In: forum, Kleinstaat Luxemburg, 2019,no. 394, pp. 39-43.

Are parliamentary committees able to ask for government documents?

10
 9

Parliamentary committees may ask for most or all government documents; they are normally delivered in full and within an appropriate time frame.
 8
 7
 6


The rights of parliamentary committees to ask for government documents are slightly limited; some important documents are not delivered or are delivered incomplete or arrive too late to enable the committee to react appropriately.
 5
 4
 3


The rights of parliamentary committees to ask for government documents are considerably limited; most important documents are not delivered or delivered incomplete or arrive too late to enable the committee to react appropriately.
 2
 1

Parliamentary committees may not request government documents.
Obtaining Documents
8
In general, information flows freely between the government and coalition parties. Following the 2018 legislative elections, the government appointed a minister for relations with parliament (in the person of Marc Hansen), whose job is to foster interinstitutional relations and synergies.

In the cases where such information flows are seen as incomplete, parliamentary questions (questions parlementaires) are a popular and sometimes effective way for members of parliament to obtain information from the government or to gain insight into specific topics. However, many parliamentary questions are answered only partially or inadequately. In Luxembourg, there is no culture that demands inquiries be answered comprehensively. The effect of parliamentary questions on government work is rarely visible. The press is far more effective in creating change, particularly if the national TV broadcaster RTL addresses a political problem.

In the course of the 2019-2020 session, Luxembourg’s deputies submitted 1,679 parliamentary questions to the government (compared with 1,297 questions submitted during the 2018-2019 session). During the coronavirus crisis, 425 parliamentary questions were asked, of which 80 were deemed urgent. Lawmakers also asked 190 urgent questions and 33 so-called enlarged questions, which are debated during the plenaries rather than being answered in writing by the relevant minister. The deputies met for 60 plenary sessions and 687 committee meetings, and spent about seven hours on ministerial question time.

Nevertheless, during the state of emergency related to coronavirus crisis (mid-March until mid-June 2020), the government was entitled to adopt measures unilaterally. Afterward, public health legislation related to the pandemic was adopted by the parliament.

Citations:
“Réglement de la Chambre des Députés.” Chambre des Députés du Grand-Duché de Luxembourg (16 décembre 2021). https://www.chd.lu/wps/wcm/connect/public/dadc958b-a532-4acb-ae85-5f7b20ed05a2/Reglement+CHD16122021.pdf?MOD=AJPERES&ContentCache=NONE&CACHE=NONE&CVID=nUw4CwA. Accessed 14 January 2022.

Etgen, Fernand. “La Chambre «sollicitée comme jamais».” Chambre des Députés (12 octobre 2020). https://chd.lu/wps/portal/public/Accueil/Actualite/!ut/p/z1/hY7BCoJAEIafxYNXZ9g1iW4rRhSBoVC2l1DZVmN1Zd309VvoJBjN7Z__-4YBDgXwvpxaWdpW96Vy-c6jR0KSa3YMCab7PEJCL5RlOUHEEG7_AO5q_DEMnc9XEIZxRmKKeEjJKrC4cQIula6-77K-olsJ3IinMMIEb-PWjbXDuPPRx3meA6m1VCKodefjmtLo0UKxJGHoCnxt1HRmnvcBbWCQiw!!/?1dmy&page=6_D2DVRI420G7Q402JEJ7USN38D6&urile=wcm%3apath%3a%2Factualite.public.chd.lu%2Fst-www.chd.lu%2Fsa-actualites%2F0d225221-bb2e-40d2-a573-95b1a621c8a4. Accessed 14 January 2022.

“Parliamentary questions asked by members of parliament in 2019-2020.” Delano (12 October 2020). https://delano.lu/article/delano_parliamentary-questions-asked-mps-2019-2020. Accessed 14 January 2022.

Are parliamentary committees able to summon ministers for hearings?

10
 9

Parliamentary committees may summon ministers. Ministers regularly follow invitations and are obliged to answer questions.
 8
 7
 6


The rights of parliamentary committees to summon ministers are slightly limited; ministers occasionally refuse to follow invitations or to answer questions.
 5
 4
 3


The rights of parliamentary committees to summon ministers are considerably limited; ministers frequently refuse to follow invitations or to answer questions.
 2
 1

Parliamentary committees may not summon ministers.
Summoning Ministers
9
Interaction between the government and the Chamber of Deputies is generally straightforward. Any deputy parliament can introduce a parliamentary question (written or oral). Questions are addressed to the parliamentary president. Within one month, the responsible minister(s) must respond and deliver detailed information about relevant policy decisions and departmental activities. Questions and answers are fully published on the Chamber of Deputies’ website. On Tuesdays, when the parliament convenes, there may be a lively question and answer session, covering a broad range of relevant issues posted by opposition parties.

In the aftermath of the Court of Auditors report in 2020, the Chamber of Deputies summoned Economy Minister Franz Fayot (LSAP) and Finance Minister Pierre Gramegna (DP) to a hearing in May 2021 concerning the deal between the government and the Greek dairy company Fage. The auditors pointed out irregularities in the sale of the land (negotiations weren’t documented). The transaction was realized by former Economy Minister Étienne Schneider (LSAP). The Chamber also requested explanation from Schneider, who could only be invited and not summoned to attend a hearing. This invitation was the second for Schneider since he left government in early 2020. He was previously called to justify the budget of a military Earth observation satellite, which ended up costing €139 million more than foreseen under plans presented by Schneider in his role as defense minister (2018).

Citations:
“Réglement de la Chambre des Députés.” Chambre des Députés du Grand-Duché de Luxembourg (16 décembre 2021). https://www.chd.lu/wps/wcm/connect/public/dadc958b-a532-4acb-ae85-5f7b20ed05a2/R eglement+CHD16122021.pdf?MOD=AJPERES&ContentCache=NONE&CACHE=NONE&CVID=nUw4CwA. Accessed 14 January 2022.

“Parliament wants Schneider hearing over failed Fage project.” Delano (11 May 2021). https://delano.lu/article/delano_parliament-wants-schneider-hearing-over-failed-fage-project. Accessed 14 January 2022.

Schroen, Michael (2008): Parlament, Regierung und Gesetzgebung, in: Wolfgang H. Lorig/Mario Hirsch (eds.), Das politische System Luxemburgs. Springer VS, Wiesbaden, pp. 106-129.

Are parliamentary committees able to summon experts for committee meetings?

10
 9

Parliamentary committees may summon experts.
 8
 7
 6


The rights of parliamentary committees to summon experts are slightly limited.
 5
 4
 3


The rights of parliamentary committees to summon experts are considerably limited.
 2
 1

Parliamentary committees may not summon experts.
Summoning Experts
9
Consultations with experts and representatives of interest groups take place regularly in the course of various ongoing commission work. Domestic and foreign experts, as well as lobbyists and concerned civil society groups, may be invited to participate in commission meetings. Under particular circumstances of public interest, experts are invited to parliament to introduce subjects and to offer professional opinions.

In the case of important policy reform projects, the government usually asks for advice from reputable foreign institutes, being aware of the limited base of knowledge available within the country. For example, German and Swiss institutes were consulted over psychiatry reforms in healthcare. A similar consultation approach was used for reforming environmental legislation. Such policy projects are implemented by a specific parliamentary commission, with a budgetary allowance made available to support outsourced inquiries. Innovation is often driven by foreign expertise and reports, which overcomes domestic resistance.

A transparency register for deputies that the Group of States against Corruption (GRECO) had asked for on several occasions will require politicians to disclose meetings with representatives and organizations. Every month, each deputy and parliamentary group will have to publicly identify which lobbyists they met with during that time period. The register is expected to help citizens identify the origin of deputies’ policy proposals.

Citations:
“MPs to be obligated to register meetings with lobbyists in transparency register.” RTL Today (23 June 2021). https://today.rtl.lu/news/luxembourg/a/1743451.html. Accessed 14 January 2022.

“Mémorial A n° 227 de 2014.” Journal officiel du Grand-Duché de Luxembourg, 11 Dec. 2014, legilux.public.lu/eli/etat/leg/memorial/2014/227. Accessed 14 January 2022.

Are the task areas and structures of parliamentary committees suited to monitor ministries effectively?

10
 9

The match between the task areas of parliamentary committees and ministries as well as other relevant committee structures are well-suited to the effective monitoring of ministries.
 8
 7
 6


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are largely suited to the monitoring ministries.
 5
 4
 3


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are partially suited to the monitoring of ministries.
 2
 1

The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are not at all suited to the monitoring of ministries.
Task Area Congruence
8
Parliamentary committees and ministries are well coordinated and parliamentary monitoring is satisfactory. Ministers appear regularly before committees and communication is adequate. Although the number of ministries has grown over the years, reaching 20 ministries and 17 ministers, the number of parliamentarians has still not increased beyond 60 members. There are 29 permanent committees and four subcommittees. Each committee has up to 13 members. As such, their workload has expanded considerably in recent years, which has made running standing committees more challenging. In general, members of parliament are often members of more than one committee.

Citations:
“Réglement de la Chambre des Députés.” Chambre des Députés du Grand-Duché de Luxembourg (16 décembre 2021). https://www.chd.lu/wps/wcm/connect/public/dadc958b-a532-4acb-ae85-5f7b20ed05a2/R eglement+CHD16122021.pdf?MOD=AJPERES&ContentCache=NONE&CACHE=NONE&CVID=nUw4CwA. Accessed 14 January 2022.

“Public administration characteristics and performance in EU28: Luxembourg.” European Commission. Directorate-General for Employment, Social Affairs and Inclusion Support for developing better country knowledge on public administration and institutional capacity-building” (VC/2016/0492) (2018).

Media

#6

To what extent do media in your country analyze the rationale and impact of public policies?

10
 9

A clear majority of mass media brands focus on high-quality information content analyzing the rationale and impact of public policies.
 8
 7
 6


About one-half of the mass media brands focus on high-quality information content analyzing the rationale and impact of public policies. The rest produces a mix of infotainment and quality information content.
 5
 4
 3


A clear minority of mass media brands focuses on high-quality information content analyzing public policies. Several mass media brands produce superficial infotainment content only.
 2
 1

All mass media brands are dominated by superficial infotainment content.
Media Reporting
8
In Luxembourg, multilingualism (Lëtzebuergesch, French and German, alongside other languages spoken by a multicultural population) influences the consumption of written and audiovisual media. In the written press, German is the most used language, while articles in Lëtzebuergesch are becoming more and more numerous.
The 10 most important media outlets in the country are: RTL Radio, RTL Television, RTL Online, Luxemburger Wort, L’Essentiel (daily free newspaper), Lëtzebuerger Journal (online publication), Le Quotidien, Reporter.lu (online publication) Lëtzebuerger Land and the (state-funded) Radio 100,7. When it comes to special-interest publications, in particular magazines, the Luxembourg public generally turns to the foreign press. Under the authority of the Ministry of State, the Service des Médias et des Communications handles matters of media policy, as well as matters relating to telecommunications policy.

Journalists are mostly generalists with very little opportunity to specialize. On Saturdays, the daily Luxemburger Wort newspaper publishes a section called “Analysis and Opinion.” Legislative plans are discussed on several pages in this section. Contributors include journalists, politicians and civil society representatives.

Media coverage is often reactive, in particular when issues have already reached the public in the form of draft legislation or through parliamentary debate. These latter discussions are public and are conducted in Luxembourgish, as a general rule. The parliamentary sessions are broadcast on Chamber TV (also available online). Debates held by country’s four largest local-government councils (Luxembourg City and Esch/ Alzette, Differdange, Dudelange) can also be followed online.

The public’s degree of interest in political processes and legislative projects is progressing, but remains rather modest. However, the situation is better than in other small European states.

Parties and Interest Associations

#6

How inclusive and open are the major parties in their internal decision-making processes?

10
 9

The party allows all party members and supporters to participate in its decisions on the most important personnel and issues. Lists of candidates and agendas of issues are open.
 8
 7
 6


The party restricts decision-making to party members. In most cases, all party members have the opportunity to participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are rather open.
 5
 4
 3


The party restricts decision-making to party members. In most cases, a number of elected delegates participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are largely controlled by the party leadership.
 2
 1

A number of party leaders participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are fully controlled and drafted by the party leadership.
Intra-party Decision-Making
8
Inner-party democracy takes place with different levels of intensity within the political parties, of which seven are represented in parliament – the Christian Social People’s Party (CSV), the Democratic Party (DP), the Luxembourg Socialist Workers’ Party (LSAP), the Greens (déi Gréng), the Alternative Democratic Reform Party (ADR), The Left (déi Lenk) and the Pirate Party (Piratenpartei). The current three-party coalition involves the DP, the LSAP and the Greens.

The years 2020 and 2021 have been marked by a change in the leadership of the two major political parties CSV and LSAP. A Politmonitor poll from November 2021 showed that the country’s major parties are all losing support, while politicians from smaller parties are gaining popularity.

The leadership of political parties in Luxembourg is determined in accordance with their statutes, which generally prescribe a specific designation procedure following an election procedure held during their congresses, conventions or conferences. These are open, in terms of candidacies and voting, only to their members. Non-members may be invited to participate as observers for the public part of these events. As a general rule, parties are led by a president, one of several vice-presidents, a general secretary and a treasurer. Since 2019, the Greens (a member of the coalition government) have implemented a co-presidency principle that became reality in 2020, when Djuna Bernard and Meris Šehović were elected to these positions during the party’s online congress. Following its leadership difficulties encountered early 2021, the main opposition party – the Christian Social People’s Party (CSV) – also adopted the co-presidency principle, electing Claude Wiseler and Elisabeth Margue at the extraordinary congress held the same year. The political platforms of parties are the result and expression of the internal reflection of their members grouped into specialized committees. These platforms are democratically adopted at the congresses, conventions or conferences. Even if they are not directly involved in drafting these documents, non-members are invited to participate in public debates and their viewpoints and propositions are often considered in order to improve the public appeal of such documents. Beyond the specifics relating to the ideological line of each political party, the platforms on EU topics and those drafted for European elections show a high degree of convergence.

Citations:
« TNS. Politmonitor, 15.11.2021 ». https://download.rtl.lu/2021/11/17/3c474b61b5800e0f8f3f4b837421e65f.pdf. Accessed 14 january 2022.

European Election Database. Norsk Senter For Forksningsdata.https://o.nsd.no/european_election_database/country/luxembourg/parties.html. Accessed 14 January 2022.

To what extent are economic interest associations (e.g., employers, industry, labor) capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Employers & Unions)
8
Under Luxembourg’s specific social-partnership model, the government consults with unions, employers’ organizations and professional chambers over draft bills that touch on their members’ interests. Furthermore, all opinions, as well as the modified draft bills, are published on the parliament’s website. Unions and employers’ organizations are consulted in every case; every draft bill is submitted to the appropriate employee organization (Chambre des Salariés) and to employers’ organizations (Chambre de Commerce and Chambre des Métiers) if it concerns their members’ interests. Civil society groups may also be included in the process, depending on the purpose of the draft bill or new policy.

The so-called tripartite social model is based on institutionalized and ongoing dialogue between the government, employers and trade unions on important economic and social issues, with the goal of reaching consensus. Nowadays, five institutions engage in ongoing social dialogue: the Economic Committee, the Economic and Social Council, the Tripartite Coordination Committee, the Permanent Committee on Labor and Employment and the Tripartite Steel Conference (although this latter organization is not continuously active). The most influential trade unions in Luxembourg are the OGBL, the LCGB and the CNFP.

Citations:
“Tripartite: Luxembourg’s social model “. https://luxembourg.public.lu/en/society-and-culture/political-system/tripartite. html. Accessed 14 January 2022.

www.vosidees.lu. https://www.vosidees.lu/. Accessed 14 January 2022.

To what extent are non-economic interest associations capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Others)
8
Interest groups have and can have an important impact on policymaking. However, drawing on academic knowledge within Luxembourg is limited. Some larger non-governmental organizations maintain small research departments and propagate their opinions through publications (e.g., Caritas, Mouvement Écologique, CEFIS, SOLEP, IDEA Fondation, the Consumers Protection Association) and conferences, by offering comments on draft bills, or by proposing policies.

Interest group communications are often made via social media, as well as through other communication channels. For younger voters, important issues include refugee aid, the lack of affordable housing (i.e., the vacancy report project, “Leerstandsmelder”), heritage protection (including the “Mouvement patrimonial” association) and environmental protection (e.g., refill initiatives). In addition, the Zentrum fir politesch Bildung, together with national and/or international bodies, organizes awareness-raising campaigns for children, parents, professionals and the general public an a wide range of topics (democracy, citizenship, political behavior, etc.). However, public participation in traditional organizations is on the decline.

Independent Supervisory Bodies

#7

Does there exist an independent and effective audit office?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is slightly limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There does not exist an independent and effective audit office.
Audit Office
9
The Chamber of Auditors was upgraded in 1999 to become the Court of Auditors, which today oversees the finances of the state administration. While keeping a low profile, the court effectively controls government spending, including that of ministries, public administration and other state services. It can audit the use of public funds and subsidies granted to public and private entities. The court essentially controls the effectiveness and efficiency of public spending, but it is not authorized to express its opinion on the political wisdom of public spending. Its scrutiny completes the ongoing work done by internal auditors in each ministry. Furthermore, the court’s main interlocutor is parliament, and it undertakes cases either voluntarily or upon parliamentary instruction.

Citations:
“Rapports.” Cour des Comptes Luxembourg. https://cour-des-comptes.public.lu/fr/rapports.html. Accessed 14 January 2022.

Does there exist an independent and effective ombuds office?

10
 9

There exists an effective and independent ombuds office.
 8
 7
 6


There exists an effective and independent ombuds office, but its advocacy role is slightly limited.
 5
 4
 3


There exists an independent ombuds office, but its advocacy role is considerably limited.
 2
 1

There does not exist an effective and independent ombuds office.
Ombuds Office
9
The Ombuds Office launched in May 2004, and residents have sought guidance from this government office since. The service is typically used more frequently by foreigners than by nationals. Even though the country’s labor market is the most transnational in the European Union, there are still numerous obstacles for migrants. Thus, the ombudsperson has for years dealt with a number of migration issues. Like ombuds offices elsewhere, the ombudsperson can issue recommendations to government and parliament, but cannot take issues to court. In addition, the ombudsman is responsible to the parliament.

In 2017, Claudia Monti was appointed to serve as Luxembourg’s ombudsperson.

In 2019, she solved over three-quarters of the 975 claims submitted by individuals, while in 2020 she dealt with 914 complaints with a correction rate of 82%. In the context of the coronavirus pandemic, the biggest category of requests (30%) related to the Ministry of Foreign and European Affairs. The second-largest category had to do with the lack of flexibility shown by the Ministry of the Economy in implementing the government aid scheme. The housing crisis remains another big issue (26 complaints), with the point system run by the Housing Fund needing to be revised.

Among the existing institutions offering this form of service – including the Ombuds Office itself, the Office for Children’s Rights, the Office for Equality Rights (based on EU directives 2000/43 and 2000/78) and the Human Rights Commission – the Ombuds Office is best equipped in terms of budget and staff and is most frequently used. The office has a good track record of finding solutions to problems, has issued a number of recommendations and monitors the implementation of the office’s recommendations.

Citations:
“Public bodies act arbitrarily too often, says ombudsman.” Luxembourg Times (20 April 2021). https://www.luxtimes.lu/en/luxembourg/public-bodies-act-arbitrarily-too-often-says-ombudsman-607ed392de135b9236d33ad6. Accessed 14 January 2022.

Ombudsman Luxembourg. https://www.ombudsman.lu/. Accessed 14 January 2022.

Is there an independent authority in place that effectively holds government offices accountable for handling issues of data protection and privacy?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is slightly limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are strongly limited.
 2
 1

There is no effective and independent data protection office.
Data Protection Authority
9
The National Data Protection Commission (Commission Nationale pour la Protection des Données, CNPD) is an independent public institution. It is financially and administratively autonomous. It is tasked with assessing the legality of personal data processing, and additionally ensures that personal freedoms and fundamental rights are respected with regard to issues of data protection and privacy.

The legal framework under which the CNPD operates is based on the General Data Protection Regulation (GDPR); the Act of 1 August 2018 on the organization of the National Data Protection Commission and the general data protection framework; the Act of 1 August 2018 on the protection of individuals with regard to the processing of personal data in criminal and national security matters; the Act of 30 May 2005 regarding the specific rules for the protection of privacy in the sector of electronic communications, as well as other texts containing specific provisions on the protection of personal data.

The CNPD operates as a public institution under the supervision of the government minister responsible for data protection. However, it does not have the power to oversee the processing of personal data carried out by courts or the public prosecutor (ministère public), or by national administrative agencies acting in a judicial capacity.

The CNPD publishes an annual report regarding its performance, which is submitted to the government, parliament, the European Commission and the European Data Protection Board.

Citations:
National Commission for Data Protection. Grand Duchy of Luxembourg. https://cnpd.public.lu/en.html. Accessed 14 January 2022.
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