IPU PARLINE database: LUXEMBOURG (Chambre des Députés), Oversight

Parliament name (generic / translated)

Chambre des Députés / Chamber of Deputies

Structure of parliament

Unicameral

Type of political regime

parliamentary / constitutional monarchy

Notes

The Grand Duke is the Head of State, the symbol of state unity and the guarantor of national independence (Article 33 of the Constitution). He exercises executive power and organizes the Government, which is composed of at least three members.

Head of the executive

Grand Duke

Notes

The Government is the body of executive power formed by the Grand Duke and the responsible ministers, the group of ministers and secretaries of the State that assists the Grand Duke in the exercise of his constitutional powers.

Method for appointing the executive

The crown of the Grand Duchy is hereditary in the Nassau family. The Grand Duke is inviolable. He appoints civil and military posts, and appoints and dismisses the members of the Government (Article 77 of the Constitution). In practice, his choice is limited considerably by the democratic principle that members of the Government have the support of both the Grande Duke and the majority of the Chamber of Deputies. Therefore, the Grand Duke customarily chooses the Prime Minister only who in turn sets about forming a Government that wins the support of the majority of the Chamber.

Term of office of the executive and coincidence with the term of the legislature

The term of office of the Head of State is unlimited and does not coincide with that of the deputies, elected for five years.

Incompatibility of the functions of member of the executive and member of Parliament

Yes

A deputy's mandate is incompatible with the duties of a member of the Government (Article 54 of the Constitution). A deputy called upon to perform the duties of member of the Government and who relinquishes these duties is automatically reinstated as first substitute on the list on which he/she was elected. The same applies to the substitute deputy who renounces the deputy's mandate.

Dissolution of Parliament

Yes

Circumstances

The Grand Duke may dissolve the Chamber. New elections are held at the latest within three months of the dissolution (Article 74 of the Constitution).

Modalities

There are no specific requirements set out in the Constitution for the Grand Duke to perform a dissolution. There was no early dissolution between 1990 and 2000.

Accountability of Government to Parliament

Yes

All provisions of the Grand Duke require the countersignature of a responsible member of the Government (Article 45 of the Constitution). Article 78 of the Constitution states that the members of the Government are responsible, without formally specifying the nature of the responsibility. This responsibility is generally seen as political, thus the ministers are responsible for any actions they take either individually or collectively.

Modalities of oversight

Oral and written questions of parliamentarians

Questions allow the parliament to implement the political responsibility of the Government.

Government reports to Parliament

Annual reports allow the parliament to activate the political responsibility of the Government. During the first term, the President of the Government submits a declaration of general policy on the state of the nation to the Chamber. The declaration is followed by a general debate. The ministers' written reports on the activity of the preceding financial year as well as forthcoming budget guidelines must be made available to the Chamber before the 1 March at the latest.

Measures

Vote of confidence on Government programs and/or legislative proposals

Confidence in the Government may be withdrawn by a vote of no confidence from the Chamber on any proposal in a debate, on whose subject the Government will have asked for a vote of confidence.

Motions of censure and votes of no confidence (sub-report)

Circumstances

A motion of censure may be tabled at any moment when for one reason or another the Chamber looses confidence in the Government. There are no restrictions set out in the constitutional or legislative texts.

Modalites

A simple majority is sufficient for a motion of censure to be accepted.

Consequences

The consequences of the adoption of a motion of censure depend upon its content. If it is addressed to the Government as a whole, everybody in the Government resigns. If it is restricted to one or several members of the Government, only those implicated are obligated to resign. There were no motions of censure between 1990 and 2000.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The Grand Duke is sacred and inviolable (Article 4 of the Constitution). This signifies his full immunity. However, the Chamber has the right to accuse members of the Government (Article 82 of the Constitution).

Modalites and procedure

Accusations made against members of the Government by the Chamber are brought before the Supreme Court of Justice, which tries them in general assembly, specifying the offence and determining the penalty. (Article 116 of the Constitution)

Consequences

The Grand Duke may not pardon a convicted member of the Government except at the Chamber's request. There were no indictments between 1990 and 2000.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The Chamber may ask the Government to account for its actions before the parliament.

Means and modalities of oversight

Hearings in Committees

The parliament exercises oversight over the actions of the Government by means of committee hearings.

Committees of inquiry and missions to Government departments

The Chamber has the right of inquiry (Article 64 of the Constitution). It exercises this right itself or through a committee formed within it. The authority attributed to the Chamber, the Committee of Inquiry, or their president is that of examining magistrate for criminal cases. The parliament likewise exercises oversight over the actions of the Government by means of Court of Auditors' missions to specified government sectors.

Oral and written questions of parliamentarians

Parliamentarians have the right to ask the Government oral or written questions. The admissibility of the questions depends on general interest, the importance or the relevance of their objective. The President of the Chamber is the sole judge the questions' admissibility. A deputy who wishes to ask the Government a written question submits the written text to the President of the Chamber, who passes it on to the competent minister. A written reply is sent to the President within one month at the latest. If the competent minister is not able to formulate his/her response within the given time limit, he/she informs the President of the fact indicating the reasons for the hindrance and the probable date of the response.

Both the question and the reply are published in full in the Chamber's report. If a minister's reply to a question is not available within one month, this question may be asked orally during the first public session of the week that follows the expiration of the deadline. If a member urgently wishes to ask a minister a question, he/she must communicate it in writing to the President who judges its admissibility. The overall speaking time for the author of such a question is five minutes and that of the Government is ten minutes.

During weeks when it is sitting the Chamber reserves part of public sessions for questions with debate. The deputies who request their question be dealt with in such a way must so indicate in the wording of the question. The number of questions is limited by session for each political group and political sensitivity at double the number of their members. The deputy may add a complementary oral question to match the minister's reply. The deputy may in turn reply in a succinct manner. The overall speaking time for the question is five minutes and ten minutes for the Government.

Unless decided otherwise by the President's meeting, the questions' hour takes place at the beginning of every Tuesday session during the weeks when the Chamber is sitting. The Government is interrogated by the deputies on subjects of general interest or political topicality, with the exception of questions of a purely technical order. The President of the Chamber of Deputies makes sure there is a balance between questions asked by the members of the parliamentary majority and those asked by the members if the parliamentary opposition. The object of the question, with an indication of the competent minister, must be submitted in writing to the President at least three hours before the questions hour. The speaking time for the deputy to outline the question is fixed at two minutes per question; the time of the response of the Government is limited to four minutes.

Role of Parliament in the appointment of senior Government officials

The parliament proposes a list of three candidates to the Grand Duke for the vacant posts of President, vice-President and Councillor at the Court of Auditors.

Activity reports of the Government administration and of public services or establishments

Written reports of the ministers on the activity of the preceding fiscal year as well as forthcoming budgetary outlines must be made available to the Chamber before the 1 March at the latest. In addition, certain public establishments are required by law to submit an annual report to the parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman is appointed by the Chamber of Deputies sitting in the public session. He/she is appointed for a term of eight years renewable.

Relationship to Parliament

Not available

Consultation of Parliament in the preparation of the national budget

Yes

The Chamber examines and discusses the Government's political and financial options in the debate on the occasion of the governmental paper on the state of the Nation. Moreover, when the Government finishes deciding the fundamental budgetary outlines for the following year's budget via its budgetary circular, it consults and hears the opinion of the Finance and Budget Committee.

Modalities of oversight

Examination of the budget / finance act by Parliament

Budgetary control is exercised within the framework of the normal legislative procedure applicable to all bills. No tax may be imposed for the benefit of the State except pursuant to a law (Article 99 of the Constitution) and no loan to be borne by the State may be contracted without the consent of the Chamber. Taxes for the benefit of the State are voted annually. The legislation which introduces them remains in force for only one year unless renewed. Each year, the Chamber passes the Accounts Bill and votes the budget (Article 104 of the Constitution). All revenue and expenditure of the State is shown in the budget and in the accounts.

Reports on the budget / finance act by Committees

The Finance and Budget Committee is responsible for examining the bill. Its rapporteur's report must be approved at the latest the Friday before its presentation at the public session, being on 30 November. The committee may invite members of the Government to its meetings to hear them give their papers and reports. The other parliamentary committees have the right to examine any budgetary, financial or fiscal aspects linked to the ministerial departments within their competence. They have the right to assign a rapporteur and to submit a report intended for the Finance and Budget Committee to be published with the report of this committee as a parliamentary document.

The report of the Finance and Budget Committee is presented at the Chamber during the public session of the first of Tuesday that follows the approval of the report by the aforementioned Committee. The Government presents the bill to the Chamber during the following day's public session. The discussion of the bill begins at the public session on the Tuesday of the following week. It is limited to one week and is about the government finance and budget policy only.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

The parliament exercises oversight over all public funds.

Role of Parliament in national development plans

These plans are submitted according to normal legislative procedure applicable to all bills.

Parliament's deadline for the examination and adoption of the budget / finance act

The bill concerning the budget for state revenue and expenditure for the following year is brought before the Chamber by the minister of finances during the third week of October at the latest. The various votes on the bill take place on the Thursday of the third full week of December at the latest.

Consequences of failure by Parliament to adopt the budget / finance act

In the event of the budget not being voted on time, the Chamber must give the Government advances, called the provisional twelfths, each valid for one month only and to be deducted from the budget that will be voted.

Budgetary autonomy of Parliament

Yes

The amount allocated in the budget to the Chamber meeting and the functioning of the committees, the political groups and the technical groups is made available to the office as required. The Chamber's budget is included in the national budget, but since it is the parliament that votes the latter, it has autonomy over its own budget.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The Government the bill outlining the practical measures for the general accounts of the preceding financial year to the Chamber of Deputies by 31 May at the latest. The law is voted by the parliament.

Parliamentary oversight of public companies

Yes

Certain public establishments are required by law to submit annual reports to the parliament, accounts checked by a corporate auditor appointed by the Chamber.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Court of Auditors assesses the legality and regularity of state revenue and expenses as well as of the sound financial management of public monies. The constitutional and legal seat of the Court of Auditors allows it to make checks independently of the audit thanks to its functional, organizational and financial autonomy. The members of the Court of Auditors are appointed by the Grand Duke on the advice of the Chamber of Deputies.

Reports of the public auditor's office

The results of the Court of Auditors' audit appear in a general report annually on the bill outlining general state account regulations. This report is submitted to the parliament by 30 September at the latest. In addition, the Court may submit, either on orders from the Chamber of Deputies' or on its own initiative, special reports on areas specific to financial management. Apart from the audit function, the Court of Auditors may be consulted by the Chamber on bills that are significant in terms of their financial impact on the treasury, as well as on clauses of the budget proposal and the proposals and bills concerning state accounting and the accounting of legal persons governed by public law.

Specialised committee

The Government regularly debriefs the parliament on public spending by means of committee hearings on budgetary implementation control.

Foreign Relations Committee (sub-report)

Functions of the Committee

The chamber exercises oversight over foreign policy via the Foreign and European Affairs and Defence Committee.

Powers of the Committee

The Committee is responsible for (i) examining the bills and proposals that fall within its domain of competence, (ii) organizing public and not public hearings, (iii) as well as visits, and (iv) monitoring all other activity within its attributive framework.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over the foreign policy with bilateral visits and inter-parliamentary conferences, as well as information missions abroad.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy with debates and interpellations in plenary session.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in inter-governmental meetings at the Government's request.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The Grand Duke concludes treaties, which do not come into effect until they have been sanctioned by law and published in the manner laid down for the publication of laws (Article 37 of the Constitution). Ordinary treaties are approved in the Chamber by a simple majority. Treaties for amending international legal institutions provisions must be approved by the parliament by a qualified majority with at least three quarters of the deputies present and the backing of at least two thirds of the deputies.

Other mechanisms for participation in foreign policy by Parliament

In addition to the abovementioned procedures, during government visits abroad, an interview is planned with the President of the Chamber of Deputies with the office of the parliament or the Foreign and European Affairs and Defence Committee respectively.

National Defence Committee (sub-report)

Functions of the Committee

The Chamber exercises oversight over foreign policy via the Foreign and European Affairs and Defence Committee.

Powers of the Committee

The Committee is responsible for (i) examining the bills and proposals that fall within its domain of competence, (ii) organizing public and not public hearings, (iii) as well as visits, and (iv) monitoring all other activity that comes within the framework of its attributions.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The Grand Duke leads the armed forces and the cessation of hostilities after having been authorized by a vote in the Chamber. This authorization is voted by a qualified majority.

Role of Parliament in sending troops abroad

The Government is authorized to instigate participation in peacekeeping operations that are implemented within the framework of international organizations whereof the country is a member. Participation is decided by the Government in council, after consultation with the Foreign and European Affairs and Defence Committee. For each operation, a Grand Ducal regulation adopted on the mandatory advice of the State Council and the Presidents of the Chamber meeting decides the implementation strategy.

Other mechanisms for participation in national defence policy by Parliament

The parliament participates in addition by means of debates, hearings, questions, interpellations and motions on the conduct of national defence policy.

Circumstances

The Grand Duke declares war and the cessation of hostilities after having been authorized by a vote in the Chamber. This authorization is passed by a qualified majority. A state of emergency is not provided for as such in the constitutional or legislative texts, so neither are the circumstances. Generally speaking, in the event of serious danger, the legislative body in no way able to function, the executive body may, without danger of finding itself opposed to the exception of illegality, adopt by regulatory means all the necessary measures for public interest by sole means of invoking a state of emergency in the same text as its regulations.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

Each year the parliament passes a statute enabling the Grand Duke to adopt public administration regulations for a year in the event of an emergency declared by him. These may override the existing legal arrangements related to economic and financial matters, after a recommendation by the State Council and the consent of the Conference of the Presidents of the Chambers. However, it may not violate the Constitution.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court decides, by way of judicial decision, on the conformity of the laws with the Constitution (Article 95ter of the Constitution). The Court is composed by the President of the Supreme Court of Justice, the President of the Administrative Court, two counsellors of the Court of Cassation and the five magistrates nominated by the Grand Duke, upon the joint opinion of the Supreme Court of Justice and Administrative Court.

Means and procedures

The Court is approached preliminarily following the modalities fixed by the bill, by all jurisdictions for deciding on the conformity of laws with the Constitution, with the exception of laws on the appropriation of treaties.

Evaluation of laws

No

Not applicable

Measures

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