Democracy Reporting International would like to thank Dr. Catherine Warin, Lawyer and Lecturer of the European Institute of Public Administration and re:constitution fellow 2021-2022, for assistance in preparing this report.
Luxembourg goes to the polls on October 8 to renew its parliament. The Christian Social People’s Party (CSV), currently leading the polls, is expected to become the largest group in Luxembourg’s unicameral parliament, the Chamber of Deputies, which consists of 60 members. The Luxembourg Socialist Workers’ Party (LSAP) and the Democratic Party (DP) are neck and neck in the polls, battling for the second and third places.
Terms in the Chamber of Deputies last for five years and seats are allocated proportionally in four multi-member constituencies. The law determines the number of seats in each constituency based on the size of the population: the South elects 23 MPs, Centre – 21, North – 9 and East 7. A total of 649 candidates are standing for those 60 seats.
It is hard to predict the coalitions that will emerge after the election. If we look at the past election in 2018, the LSAP and DP teamed up with the Green party to form a coalition that sent the CSV in the opposition despite being the biggest party with 21 seats. At the time, the CSV failed to find coalition partners to reach the 31 seats required to form a government.
Luxemburg’s Top Rule of Law Challenges
The election debates revolve around pressing issues such as rise in crime and drug use, the housing crisis, tax reform. While the rule of law has not taken spotlight in the campaign, political parties have not openly challenged it either. It is unlikely that the elections will majorly affect the rule of law performance of the country.
Perceived levels of judicial independence are high among public and companies; perceived level of corruption is low. Luxembourg has done well in terms of fulfilling some of the recommendations of the European Commission, but there are still a few outstanding issues that will come up after the elections:
Judicial Reform: The composition of the National Council for Justice (NCJ), the body responsible for judicial selection, and discipline, aligns with European standards: magistrates elected by peers are in the majority, holding six out of nine seats. The first democratic elections of Council members took place in February 2023 and the Council started functioning in July 2023. This reform can change judges’ mindset by ensuring election of Council members based on merit rather than seniority. Assessing the true success of the reform requires a thorough examination of the Council’s actual functioning. Challenges will likely persist, including a shortage of qualified candidates interested in judicial positions.
Accessibility of legal aid: The reform to enhance accessibility to legal aid are pending despite recommendations from the European Commission in its 2022 and 2023 rule of law reports. Proposed legislation aims to expand legal aid to non-national residents, who constitute around half of the population, and can vote in local elections.
Openness of legislative processes: Improvements in legislative decision-making are crucial for wider public participation in consultations. In its 2023 report, the European Commission highlighted a persisting lack of openness of legislative processes in Luxembourg and urged authorities to address the problem.
Anti-corruption measures: The European Commission expects Luxembourg to evaluate the implementation of a new legislation on lobbying in Parliament and the functioning of the transparency register for its members. The register of lobbyists is an important tool to prevent corruption through transparency.
Access to information: While the government has instructed state agencies to respond promptly to media requests for information, journalists have emphasised the need for a dedicated fast-track procedure for media inquiries. While the European Commission acknowledged some progress in reducing processing times for requests, it still called for continued effort to enhance access to information.
Lack of Media Plurality: Media concentration remains a significant concern in the Luxembourg’s media landscape.
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