Countries of the World/COUNTRYS.BIN/dp/0225/02257.txt

Text File | 1991-06-25 | 34KB | 789 lines

$Unique_ID{COW02257}
$Pretitle{427}
$Title{Luxembourg
Chapter 3A.   The Constitution of the Grand Duchy of Luxembourg}
$Subtitle{}
$Author{Pierre Majerus}
$Affiliation{Embassy of Luxembourg, Washington DC}
$Subject{art
law
chamber
duke
revision
government
state
right
except
laws}
$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 3A.   The Constitution of the Grand Duchy of Luxembourg

of October 17th, 1868 (Memorial 1868, p. 220)

incorporating the revisions of May 15th, 1919 (Memorial 1919, p. 529), April
28th, May 6th, 15th and 21st, 1948 (Memorial 1948, p. 649, 685, 717 and
797), July 27th and October 25th, 1956 (Memorial 1956, p. 927 and 1151),
January 27th, 1972, (Memorial A 1972, p. 134), June 13th, 1979 (Memorial A
1979, p. 1104 and 1105), November 25th, 1983 (Memorial A 1983, p. 2181, 2182
and 2183 Rectification, p. 2280), December 20th, 1988 (Memorial A 1988, p.
1273), March 31st, 1989 (Memorial A 1989, p. 259 and 260), April 20th, 1989
(Memorial A 1989, p. 535), June 13th, 1989 (Memorial A 1989, p. 857, 858, 859
and 860), June 16th, 1989 (Memorial A 1989, p. 860) and June 19th, 1989
(Memorial A 1989, p. 861 Rectification, p. 1192).

Chapter I. - The Territory and the Grand Duke

     Art. 1. (Revision of April 28th, 1948) "The Grand Duchy of Luxembourg
forms a free, independent and indivisible State."

     Art. 2. The boundaries and chief towns of judicial or administrative
districts, of cantons and of communes may only be changed pursuant to a law.

     Art. 3. The Crown of the Grand Duchy is hereditary in the Nassau family
in accordance with the Pact of June 30th, 1783, art. 71 of the Treaty of
Vienna of June 9th, 1815, and art. 1 of the Treaty of London of May 11th,
1867.

     Art. 4. The person of the Grand Duke is sacred and inviolable.

     Art. 5. (Revision of November 25th, 1983) "(1) The Grand Duke of
Luxembourg attains his majority on the completion of eighteen years of age.
On acceeding to the throne, he takes as soon as possible, in the presence of
the Chamber of Deputies or of a deputation appointed by it, the following
oath:

     (2) "I swear to observe the Constitution and the laws of the Grand Duchy
of Luxembourg, to maintain the national independence and integrity of the
territory, as well as public and individual liberties.""

Chapter II. - The Luxembourgers and their Rights

     Art. 6. If, on the death of the Grand Duke, His successor is a minor, the
regency is exercised in accordance with the Family Pact.

     Art. 7. If the Grand Duke is unable to reign, the regency is ensured as
in the case of minority.

     Should the throne become vacant, the Chamber makes temporary arrangements
for the regency. A new Chamber, to be summoned with double the customary
number of members within thirty days, takes the final steps to fill the
vacancy.

     Art. 8. (Revision of November 25th, 1983) "(1) On taking up his
functions, the Regent takes the following oath:

     (2) "I swear allegiance to the rules determined by civil law. - This
Constitution and the laws of the country."

Chapter II. - The Luxembourgers and their Rights

     Art. 9. The status of Luxembourger is acquired, retained and lost in
accordance with the rules determined by civil law. - This Constitution and
other laws relating to political rights determine what conditions, in addition
to this status, are necessary for the exercise of these rights.

     Art. 10. (Revision of May 6th, 1948) "(1) Naturalization is granted by
the legislative power.

     (2) The law determines the effects of naturalization."

     Art. 11. (Revision of May 21st, 1948) "(1) There is no distinction of
orders in the State.

     (2) Luxembourgers are equal before the law they alone are eligible for
civil and military services, subject to the exceptions that may be established
in particular cases by a law.

     (3) The State guarantees the natural rights of the individual and of the
family.

     (4) The law guarantees the right to work and insures to every citizen the
exercise of this right.

     (5) The law organises social security, health protection and rest for
workers and guarantees the freedom of trade unions.

     (6) The law guarantees the freedom of trade and industry, the exercise of
liberal professions and of agricultural labour, subject to restrictions that
may be imposed by the legislative power.

     Art. 12. Individual freedom is guaranteed.-No one may be prosecuted
otherwise than in cases and according to the procedure laid down by law.
-Except in cases of "flagrante delicto" no one may be arrested without a
warrant of a judge served at the time of arrest or within twenty four hours at
the latest.

     Art. 13. No one may be deprived against his will of the judge assigned to
him by law.

     Art. 14. No penalty may be fixed or applied except in pursuance of the
law.

     Art. 15. The residence is inviolable. No domiciliary visit may be made
except in cases and according to the procedure laid down by law.

     Art. 16. No one may be deprived of his property except on grounds of
public interest, in the cases and in the manner laid down by law and in
consideration of just and prior compensation.

     Art. 17. Confiscation of property may not be instituted.

     Art. 18. The death penalty on political grounds and civil death and
branding are abolished.

     Art. 19. Freedom of religion and of public worship, as well as the
freedom to express one's religious opinions, are guaranteed, subject to the
repression of offences committed in the exercise of such freedoms.

     Art. 20. No one may be forced to take part in any way whatsoever in the
acts and ceremonies of a religion or to observe its days of rest.

     Art. 21. Civil marriage must always precede the religious wedding.

     Art. 22. The State's intervention in the appointment and installation of
heads of religions, the mode of appointing and dismissing other ministers of
religions, the right of any of them to correspond with their superiors and to
publish their acts, as well as the Church's relations with the State, are
subject to conventions to be submitted to the Chamber of Deputies for the
provisions governing its intervention.

     Art. 23. (Revision of June 13th, 1989) The State takes care that every
Luxembourger is given primary education, which shall be compulsory and free of
charge. Medical and social aid shall be regulated by law.

     The State sets up free secondary schools and the necessary courses of
higher education.

     The law determines the means of supporting public education and the
conditions under which  it is to be supervised by the Government and the
communes it also regulates, according to legal criteria, all educational
matters and provides a scheme of aids in favour of pupils and students.

     Every Luxembourger is free to study in the Grand Duchy or abroad and to
attend universities of his own choice, subject to the provisions of the law
concerning admission to employment and the exercise of stated professions."

     Art. 24. Freedom of speech in all matters and freedom of the press are
guaranteed, subject to the repression of offences committed in the exercise of
these freedoms.-Censorship may never be introduced.-Security may not be
required of writers, publishers or printers. Stamp duty on inland newspapers
and periodicals is abolished.-No publisher, printer or distributor may be
prosecuted if the author is known, if he is a Luxembourger and resident in the
Grand Duchy.

     Art. 25. Luxembourgers have the right to assemble peacefully and unarmed
in compliance with the laws governing the exercise of this right, which may
not be subject to prior authorization. This provision does not apply to
open-air political, religious or other meetings which are fully governed by
laws and police regulations.

     Art. 26.