Luxembourg

III - Changes to Constitutional Law

Nature national instruments      
III.1
What is the character of the legal instruments adopted at national level to implement Euro-crisis law (constitutional amendment, organic laws, ordinary legislation, etc)?

Euro-crisis law instruments were adopted by ordinary legislation.

Constitutional amendment   
III.2    
Have there been any constitutional amendments in response to the Euro-crisis or related to Euro-crisis law? Or have any amendments been proposed?

No constitutional amendment in response to the Euro-crisis law has been adopted.

Constitutional context
III.3
If national constitutional law already contained relevant elements, such as a balanced budget rule or independent budgetary councils, before the crisis that are now part of Euro-crisis law, what is the background of these rules?

No such rules exist in the Constitution of Luxembourg.

Purpose constitutional amendment 
III.4
What is the purpose of the constitutional amendment and what is its position in the constitution?

No constitutional amendment has been adopted.

Relationship with EU law        
III.5
Is the constitutional amendment seen as changing the relationship between national and European constitutional law?

No.

Organic law      
III.6
Have there been changes to organic laws or other types of legislation that are of a different nature or level than ordinary legislation, in relation to Euro-crisis law or the budgetary process?

No.

Constitutional amendment and ordinary law       
III.7
If ordinary legislation was adopted in conjunction with a constitutional amendment, what is the relationship between the two?

Not applicable.

Perception source of legal change   
III.8
In the public and political discussions on the adoption of ordinary legislation, what was the perception on the appropriate legal framework? Was the ordinary legislation seen as implementing national constitutional law, or Euro-crisis law?

There was no in-depth discussion about the question which kind of legal instruments are appropriate to adopt Euro-crisis law. The only discussion taken place is whether the ‘golden rule’ should be put into the Constitution or not. The former government under Jean-Claude Juncker, consisting of the Christian Democrats (CSV) and the Social Democrats (LSAP), was of the opinion that it should not become part of the constitution because political understandings should not form part of a country’s guiding principles such as set out in the Luxembourg Constitution, but should be written into a ‘separate law’ which would include a rule which requires a two-third-majority to amend this law.[1] The present legislative proposal on the implementation of the golden rule provides that the rule is written into the ordinary legislation of Luxembourg.

Miscellaneous
III.9
What other information is relevant with regard to Luxembourg and to changes to national (constitutional) law?

No other relevant information.


 


[1] See the report ‘Juncker in Luxembourg Parliament address’ on wort.lu, 15 December 2011, http://www.wort.lu/en/view/juncker-in-luxembourg-parliament-address-4f60bc42e4b047833b93768b