Countries of the World/COUNTRYS.BIN/dp/0225/02252.txt

Text File | 1991-06-25 | 10KB | 177 lines

$Unique_ID{COW02252}
$Pretitle{427}
$Title{Luxembourg
Chapter 1.    General Survey}
$Subtitle{}
$Author{Pierre Majerus}
$Affiliation{Embassy of Luxembourg, Washington DC}
$Subject{luxembourg
duchy
citizenship
law
child
luxembourgish
treaty
territory
boundaries
france}
$Date{1990}
$Log{}
Country:     Luxembourg
Book:        The Institutions of the Grand Duchy of Luxembourg
Author:      Pierre Majerus
Affiliation: Embassy of Luxembourg, Washington DC
Date:        1990

Chapter 1.    General Survey

     Lying at the heart of Western Europe between Belgium, France and the
Federal Republic of Germany, the Grand Duchy of Luxembourg has been an
independent State ever since the Treaty of London of April 19, 1839, concluded
between the major European powers of that time - the United Kingdom, Austria,
France, Prussia and Russia - and Belgium and the Netherlands.

Territory

     Since 1839 the total area covered by the Grand Duchy has been 2,586 sq.
kilometres (999 sq. miles) and its boundaries have a total length of
approximatively 350 kilometers (219 miles).

     To the east, the boundaries of Luxembourg were fixed by the demarcation
treaty concluded in Aachen on July 26, 1816 between the Netherlands and
Prussia. Article 27 of this treaty establishes the condominium of the two
neighbouring States over the brooks, streams or rivers, and over the trenches,
ditches, paths, canals, hedges or other object serving as a boundary. No
change of any kind may be made either to the course of the rivers or to the
state of the banks, nor any concession or intake of water granted, without the
cooperation or consent of both Governments.

     To the south, the boundary-line between the Grand Duchy and France was
fixed by a treaty concluded in Courtrai on March 28, 1820 between France and
the Netherlands. Contrary to the decision taken in 1816 on the boundaries
with Prussia, the frontiers between Luxembourg and France were drawn up in a
rigid manner that precluded any form of condominium. Thus, part of the
dividing-line is formed "by the middle of the stream of Frisange, known as
Albach". Starting out from the southeast extremity of the country and moving
northward, it is formed over a stretch of about one kilometre "by the middle
of the Moselle". No structure of any kind may be erected and no enclosure set
up at a distance of less than ten metres from the border, or only five metres
away from a road or track if this is common to both sides and its centre-line
forms the boundary.

     To the east, the boundaries between Belgium and the Grand Duchy of
Luxembourg were in principle laid down by the Treaty of London of April 19,
1839, also known as the Treaty of the twenty-four articles. Under article 6 of
this treaty, the King of the Belgians and the King of the Netherlands, Grand
Duke of Luxembourg, "respectively renounce for ever any claim to the
territories, towns, places and localities situated within the limits of the
possessions of the other party, as set out in articles 1, 2 and 4". Roads and
tracks whose axis forms the boundary are common to the two States (art. 27)
and the principle of condominium is also extended to rivers or other waterways
serving as a boundary.

     Under the Constitution, no assignment, exchange or adjunction of
territory may be effected except pursuant to a law. It follows that, under
certain circumstances - for example where frontiers are rectified or
adjusted - the legislature, and it alone, is entitled to make over territory.
Thus a law has been passed in 1989 to ratify an agreement concerning various
changes of the frontier with Germany following the natural changes of the
riverbeds of the Our and the Sure.

     From a sheer administrative point of view, the Grand Duchy of Luxembourg
comprises twelve cantons stretching over three administrative districts. The
district of Luxembourg comprises the cantons of Luxembourg, Capellen,
Esch-sur-Alzette and Mersch the district of Diekirch those of Diekirch,
Clervaux, Redange, Vianden and Wiltz and the district of Grevenmacher, the
cantons of Grevenmacher, Echternach and Remich.

     The country is further divided up into four electoral districts. The city
of Luxembourg is the capital of the Grand Duchy and the seat of the
Government.

     For the purpose of the administration of justice, the Grand Duchy is
divided up into two judicial districts, one in Luxembourg City, the other in
Diekirch. There are also three towns being each the seat of a justice of the
peace (conciliation and police court magistrate) i.e. Luxembourg,
Esch/Alzette and Diekirch. The boundaries and chief towns of judicial or
administrative districts, cantons and communes may be changed only pursuant to
a law. A law outlines and sets up the national development in order to improve
the well being of the inhabitants and to adapt their requirements to the
necessities of a changing new world by coordinating rationally all activities
in the economic, cultural or social fields in relation to land use shemes
without neglecting sanitary or esthetic problems such as national development
may create. National development shemes drawn up on behalf of the Government
with this object may be declared of public interest. At cabinet meetings the
Government lays down the main priorities in a programme as required by the
national development and the measures to be taken in view of its
implementation.

Population

     The total population established on the territory of the Grand Duchy
includes, in addition to nationals, a fairly high percentage of foreigners.
This percentage of over 25% is the highest in Europe. The Constitution leaves
it to the normal legislator to determine the conditions under which Luxembourg
citizenship may be acquired, retained or forfeited. It confines itself to
stipulating naturalization as a specific way of acquiring Luxembourg
nationality and leaves it to the legislator to decide upon the ensuing
consequences. Nationality may be acquired in three ways by birth, by option
and by naturalization.

     In the normal, way, it is acquired by birth. It depends on the ties
binding the child to its parents, whatever the country in which it was born
(jus sanguinis). In other words, anyone who claims to be a Luxembourg national
by descent needs only to prove that his parents (either father or mother) were
possessing the Luxembourg nationality and this according to the law settles
the citizenship of the child.

     The child adopted by a Luxembourger acquires the Luxembourgish
citizenship by plain adoption proceedings. In the case of normal adoption
proceedings, the child under eighteen years adopted by a Luxembourger acquires
Luxembourgish citizenship, if stateless, or if following adoption petition,
he looses his former citizenship. Luxembourgish citizenship is also granted to
the child whose parent and/or person adopting him and entitled to guardianship
opts willingly or recovers their Luxembourgish nationality.

     Some persons, who have already some native connections with the Grand
Duchy, either by blood or by soil, may acquire Luxembourg's citizenship in
opting formally at the registrar's office of the locality in the Grand Duchy
where their residence is registered officially. Formal stipulations and
admissibility of citizenship's option statements are laid down by law.

     Foreigners who have no special links with the Luxembourg community, and
who do not fall within one of the categories of persons for which the law
reserves the right to opt for the Luxembourgish nationality, may nevertheless
acquire it, if they satisfy the standards of respectability and adaptation
required for naturalization. Under the Constitution, it is for the legislature
to grant naturalization.

     Present legislation allows naturalization for the benefit of people
having reached eighteen years of age and having resided in Luxembourg for ten
years, under the condition that the last period of five years of residence has
remained uninterrupted. In some cases, the period of residen