Categories
Politics

The Government System of Luxembourg

Luxembourg is a very small landlocked country located in Western Europe, it is bordered with Belgium, Germany, and France. Its capital city is quite simply Luxembourg City which is located in the country’s central south, this city is also considered one of the European Union capital cities, and the European Union’s Court of Justice is based there, the city has also been a UNESCO World Heritage Site since 1994. Much the rest of the nation is rural.  

The first known humans in the area that is today Luxembourg goes all the way back to the Paleolithic Age. Celtic Tribes settled between the Rhine and Meuse rivers from the 2nd Century BC. The Romans would later name the Celtic tribes in these regions as the Treveri. Between 58 and 51BC the area was invaded and conquered by the Roman Empire under Julius Caeser when he took over Gaul and part of Germania up to the Rhine border. The area would remain part of the Roman Empire for the next four and a half centuries, living through the mostly peaceful period of the Pax Romana.  

The Celts in the Luxembourg area adopted the Roman culture, language, and morals, effectively becoming a Gallo-Roman civilisation. Eventually Germanic Franks infiltrated the region and rule from Rome was abandoned by 406 AD, and the area came under the Kingdom of the Franks. The Salian Franks who settled in the area are thought to have brought the Germanic language with them, and the old Frankish language spoken by them is considered to be a direct forerunner to the Moselle Franconian dialect, which later evolved among others into the present-day Luxembourgish language.  

The region was also Christianized during this period around the 7th Century AD. Moving on to the period where the area of Luxembourg was under the rule of the Frankish dominated Carolingian Empire, this Empire was divided a number of times under the Treaty of Verdun in 843. Luxembourg would come under first the Kingdom of Middle Francia, then the Kingdom of Lotharingia, and then the Duchy of Lorraine, which itself became a state of the Holy Roman Empire.  

The period when Luxembourg truly begins is with the acquisition of Lucilinburhuc, known as Luxembourg Castle today, by Siegfried, Count of Ardennes, in 963, via an exchange with St. Maximin’s Abbey, in Trier. A town gradually developed around the fort, which became strategically valuable to the Duchy of Lorraine. The fortress was extended by Siegfried’s descendants, with Conrad I the first to call himself the Count of Luxembourg by 1083, effectively creating the independent County of Luxembourg, as a State within the Holy Roman Empire.  

The Counts of Luxembourg had greatly built up their wealth, power and extended their territory, and gained some vassals, by the middle of the 13th Century, mostly via inheritance, marriages, and fiefdoms. There was though a setback in 1288, when Henry VI and his three brothers died at the Battle of Worringen, when they were attempting to add the Duchy of Limburg to their realm. Although despite the defeat, it did help the Counts nonetheless gain some military glory, which they had lacked up until then.  

Henry VII of Luxembourg would later go on to become King of the Romans, King of Italy, and in 1312, Emperor of the Holy Roman Empire. This height of the House of Luxembourg allowed them to begin exercising growing influence over other parts of Central Europe. Henry’s son, John the Blind who is today a national hero in Luxembourg, would become King of Bohemia. The 14th and 15th Centuries also saw two more members of the House of Luxembourg reigning as Holy Roman Emperors and Kings of Bohemia, Charles IV, and Sigismund, who was also King of Hungary and Croatia. Charles IV actually created the Golden Bull of 1356, a decree fixing important aspects of the constitutional structure of the Empire.  

Luxembourg remained an independent county of the Holy Roman Empire, and Charles IV elevated it to a duchy in 1354, with Charles’ brother Wenceslaus I becoming the first Duke of Luxembourg. Under his rule Luxembourg reached its greatest territorial extent when he annexed the County of Chiny in 1364. For over a century the House of Luxembourg would also compete with the Habsburgs for supremacy within the Holy Roman Empire and Central Europe. But eventually Luxembourg’s golden era came to an end from 1443, with the House of Luxembourg suffering a succession crisis, due to a lack of a male heir to the throne. This led to all possessions of the Luxembourg Dynasty to be distributed among European aristocracy, with the Duchy of Luxembourg becoming the possession of Philip the Good, Duke of Burgundy, under the Burgundian Netherlands, and thus started four centuries of foreign rule over Luxembourg.  

The Burgundian Netherlands eventually became the Habsburgs Netherlands and was inherited by Philip the Handsome in 1482 along with the Duchy of Luxembourg. The Duchy of Luxembourg would remain under Habsburg rule for over three centuries, first under Austrian rule, then Spanish rule, and then back to Austrian rule. During this time the Duchy of Luxembourg became part of many conflicts for dominance of Europe between the Habsburgs and the Kingdom of France. In 1542 Francois I invaded Luxembourg twice, but each time the Habsburgs under Charles V reconquered it.  

When under rule of the Spanish Netherlands in 1556, France and Spain would go to war in 1635 resulting in the Treaty of Pyrenees, which ceded some of Luxembourg’s territory to France, reducing its size for the first time in centuries. France invaded Luxembourg again during the Nine Years’ War in 1684, conquering and occupying it before they were forced to return it to the Habsburgs in 1697. But then France invaded it for a third time during the War of the Spanish Succession from 1701. At its conclusion from 1714 Luxembourg came back under Austrian rule (Austrian Netherlands).  

Austrian Netherlands, along with Luxembourg, would be invaded by Revolutionary France during the War of the First Coalition (the Napoleonic Wars), conquering Luxembourg. Luxembourg was then annexed by France and became the Department of Forests, and was then incorporated as a department into France via the Treaty of Campo Formio in 1797. The French implemented Republican reforms, including the principle of laicism which outraged Catholics, and French was made the only official language, Luxembourgish people were barred access to civil services. The French Army also introduced military duty for the local population, which led to riots breaking out which turned into a rebellion by 1798, known as the Peasant’s War, which was soon suppressed by French forces.  

After Napoleon’s defeat in 1815, the Duchy of Luxembourg was restored. But since the territory had been part of the Holy Roman Empire and the Habsburgian Netherlands, the territory was claimed by both the Kingdom of Prussia and the United Kingdom of the Netherlands. The Congress of Vienna decided Luxembourg would become a member state of the newly formed German Confederation, but with the condition that William the I of the Netherlands would become, in personal union, the Head of State. The Prussian’s were satisfied by allowing their troops to man the Fortress of Luxembourg, and that large parts of Luxembourgish territory would become Prussian possessions.  

This meant that for the second time the Duchy of Luxembourg had lost a lot of its territory, and to compensate for this, it was decided to raise Luxembourg to a Grand-Duchy, giving Dutch monarchs the additional title of Grand-Duke of Luxembourg.  

But Luxembourg was to lose yet more of its territory. Following the successful Belgian Revolution, the newly independent state of Belgium claimed the entirety of the Grand-Duchy of Luxembourg. This dispute would be solved by the 1839 Treaty of London which once again partitioned Luxembourg for a third time, reducing its territory by more than half, giving the predominantly francophone western part of the Grand-Duchy to Belgium, thus giving Luxembourg the borders that it has today.  

Luxembourg joined the German Customs Union in 1842, opening the German market, developing a steel industry in Luxembourg, and expanding Luxembourg’s railway networks. The later Luxembourg Crisis in 1867 almost led to war between Prussia and France, as neither wanted the other to have influence over Luxembourg and its fortress. The Second Treaty of London came to a compromise, under it Prussia was willing to withdraw its troops from the Fortress of Luxembourg as long as its fortifications were dismantled, which they were. France and Prussia still went to war in 1870, but Luxembourg’s neutrality was respected by the North German Conferderation, and neither France or Germany invaded Luxembourg.  

Recurring disputes between the major European powers led to the people of Luxembourg developing a desire to be independent and the people had a national awakening during the 19th Century. They saw themselves as Luxembourgers, and not a part of one of the surrounding territories. Then in 1890, the Dutch succession crisis would lead to Luxembourg’s independence, with the Grand-Duchy forming its own monarchy with Adolph of Nassau-Weilburg as first Grand-Duke of an independent Luxembourg. The House of Nassau-Weilburg still officially rules Luxembourg today.  

During World War I Luxembourg would have its neutrality violated when it was invaded by Imperial Germany in order to attack France. But despite the German occupation, Luxembourg was allowed to effectively keep much of its independence and political mechanisms. But Imperial Germany did secretly plan to fully annex Luxembourg under its rule if it were to win the war. 3,700 Luxembourgers served as part of the French Army during the war, with 2,000 of them having died in the war.  

Following the war, Grand-Duchess Marie-Adelaide was viewed by many to have collaborated with the Germans during the war, and as such there were calls for her abdication and the establishment of a Republic. Also following the retreat of the German Army from Luxembourg, communists in Luxembourg City and elsewhere attempted to establish a Soviet Woker’s Republic, but this quickly failed. A motion demanding the abolition of the monarchy was introduced to the country’s Chamber of Deputies in November 1918, but it was narrowly defeated by 21 votes to 19 with 3 abstentions.  

France and Belgium also believed that the Grand-Duchess had colluded with the Germans during the war and the prospect of either country annexing Luxembourg became a real threat. Finally in January 1919, a company of the Luxembourgish Army rebelled, declaring itself the army of the new republic, but the rebellion was put to an end by the intervention of French troops. Despite this, the disloyalty showed by the armed forces towards the Grand-Duchess led to her finally abdicating in favour of her sister Charlotte.  

A referendum was then held on the same year on whether to maintain the monarchy, with the people voting 77.8% in favour of maintaining the monarchy, and rejecting a republic. Belgium continued to push for Luxembourg to be annexed, but the claims were dismissed by the Paris Peace Conference, keeping Luxembourg independent.  

During World War II in 1940, Luxembourg’s neutrality would be violated again when Nazi Germany invaded it and annexed it, treating it entirely as German territory, and incorporating it into the German province of Gau Moselland. Luxembourg formed a government in exile and sided with the Allies, and also sent a group of volunteers to participate in the Normandy landings, multiple resistance groups also fought against Nazi rule in Luxembourg.  

Luxembourg was heavily damaged by the war, with 2.45% of its prewar population killed, and a third of all buildings being destroyed or greatly damaged mostly due to the Battle of the Bulge. Following the war Luxembourg became a founding member of the United Nations, and after Luxembourg’s neutral status under its constitution formally ended in 1948, it would join NATO in 1949. Luxembourgish troops have fought in the Korean War and the War in Afghanistan. In 1951, Luxembourg became one of six founding members of the European Coal and Steel Community, becoming the European Economic Community in 1957, and then the European Union in 1993. Luxembourg adopted the Euro as its official currency in 1999.  

Luxembourg went on to become a global financial center and developed into a banking hub that boosted the country’s GDP to one of the highest per capita in the world. In recent years the country has focused on developing into a center for education.  

The official languages are French, German, and Luxembourgish (which is also the national language). As of 2017 Luxembourgers made up a narrow majority of the population, as there is also a significant number of peoples who have moved in from foreign countries, including many Portuguese, French, Germans, and others. The largest religion is Roman Catholic, but there is also a significant amount of people who are atheist. The country uses the Euro as its official currency. The country’s population is over 637,170.  

Government Type  

Luxembourg’s Coat of Arms. By Ssolbergj, Fry1989, Xavigivax, Wikimedia Commons. CC BY-SA 3.0. Source.

Luxembourg is a parliamentary representative democratic constitutional monarchy, with Luxembourg being the only remaining independent Grand-Duchy in the world. The Grand Duke is the Monarch and as such Head of State, while there is also a Prime Minister who is Head of Government. The legislative government is a unicameral one called the Chamber of Deputies, which is advised by a Council of State. Multiple parties are allowed.  

Interesting fact: The title of Prime Minister for the Head of Government did not start being used officially until 1989, although it had been used for a long time unofficially prior to that.  

The Monarchy and Executive Government  

The Grand Ducal Palace, residence of the Grand-Duke. Photo by EEJCC from Wikimedia Commons. CC BY-SA 4.0. Source.

The country’s Head of State is a Monarch with the title of Grand-Duke, this monarchy is hereditary within the family of Nassau, which conforms with the pact of 30th June 1783, to Article 71 of the Treaty of Vienna of 9th June 1815, and Article 1 of the Treaty of London of 11th May 1867.  

The Grand-Duke attains majority at the age of 18, allowing them to rule. If the Grand-Duke dies and the Heir Apparent is still not of the age of majority or finds it impossible to rule, then a regency will be exercised conforming to the Family Pact.  

If the throne becomes vacant due to there being no successor, then the Chamber provides a temporary regency to the throne, and then a newly elected chamber, convoked with double numbers within 30 days, fills the vacancy definitely.  

The Grand-Duke exercises the sovereign powers of the Nation while conforming to the Constitution and the laws of the land. The Grand-Duke is limited by matters reserved to the law by the Constitution, and the Grand-Duke has no powers other than those given by the Constitution and laws, without prejudice to Article 3 of the Constitution (where the Crown is hereditary with the Nassau family).  

If there is an international crisis, the Grand-Duke can, if urgency exists, act in any matter concerning regulations, likewise in derogation of existing legal provisions. The duration and validity of such regulations is limited to three months. Most emergency provisions are largely regulated by law and so their procedure and commencement are not stated by the Constitution.  

Duties and Powers of the Grand-Duke  

The Grand-Duke is the Head of State. He is the symbol of unity and the guarantor of national independence. As Head of State the Grand-Duke exercises the executive power while conforming to the Constitution and laws.  

The Grand-Duke promulgates laws passed by the Chamber of Deputies within three months.  

The Grand-Duke appoints to civil and military posts in conformity to the law, and save the exceptions made by it. A salaried function cannot be created by the Grand-Duke, that power lies with the State by virtue of a legislative provision passed by the Chamber of Deputies.  

The Grand-Duke makes the regulations and decisions that are necessary for the execution of the laws.  

The Grand-Duke also makes the treaties. Treaties will only have effect after having been approved via the law and published in the correct manner. Certain treaties may have different approval methods to others dependent on the content under the Constitution. Secret treaties are not allowed.  

The Grand-Duke makes the regulations and orders that are necessary for the execution of approved treaties in forms which regulate the measures of execution of the laws and with the effects attached to these measures, without prejudice to matters reserved to the Constitution and law.  

The Grand-Duke is also the country’s Commander-in-Chief, commanding the country’s Armed Forces. The Grand-Duke declares war and the cessation of war after being authorized to do so by a vote of the Chamber of Deputies. The Grand-Duke confers civil and military orders, in this regard observing that which the law provides.  

The Grand-Duke has the right to remit or reduce penalties pronounced by judges, excluding those established concerning members of Government.  

The Grand-Duke has the right to mint money in the execution of law.  

The Grand-Duke has the right to confer titles of nobility but can never attach powers or privileges to such titles of nobility created.  

The Grand-Duke may have himself represented by a Prince of the blood, who will bear the title of Lieutenant of the Grand-Duke and who must reside in the Grand Duchy.  

Justices of peace and judges of tribunals are appointed by the Grand-Duke. Councillors of courts and Presidents and Vice-Presidents of the tribunals of the districts are appointed by the Grand-Duke on advice of the Superior Court of Justice.  

There is a Constitutional Court that is composed of the President of the Superior Court of Justice, the President of the Administrative Court, and two Councillors of the Court of Cassation. Five magistrates are also appointed to it by the Grand-Duke on advice of the Superior Court of Justice and the Administrative Court.  

The Supreme Court of Justice, which includes the Court of Appeal and Court of Cassation, are appointed by the Grand-Duke, very likely on advice or proposal from a judicial body, but since this is regulated by law and not the Constitution, it is more difficult to determine the exact procedure.  

Members of the Court of Accounts are appointed by the Grand-Duke on proposals by the Chamber of Deputies.  

All provisions of the Grand-Duke must be countersigned by a member of Government for them to have any effect.  

Prime Minister and Government  

The organisation of the Government is regulated by the Grand-Duke, and must comprise of at least three members. The Grand-Duke appoints and dismisses the members of Government, most likely this is almost always on advice of the Prime Minister – who is Head of Government. Members of Government include the Prime Minister, as well as other Ministers and Deputy Prime Ministers, they all form the Council of Ministers, the highest executive decision-making body.  

The Prime Minister is usually appointed by the Grand-Duke following elections and is often the leader of the largest party or the person with the most confidence within a coalition.  

The members of Government are responsible for their actions, the Grand-Duke does not have the power to allow members of Government to avoid responsibility. The Prime Minister and Government must maintain the confidence of the Chamber of Deputies to remain in power. Although members of Government cannot also be members of the Chamber of Deputies, they reserve the right to access the Chamber and be heard, and the Chamber can demand their presence.  

The Chamber of Deputies has the right to accuse members of Government, regulated by law that determines cases of responsibilities, penalties to be inflicted and the mode of procedure, either on accusation admitted by the Chamber or the action brought by injured parties. The Grand-Duke may only pardon a member of Government if the Chamber requests it.  

The Prime Minister ensures the implementation of legislation and the running of the departments/ministries of Government, providing for the functions and security of the State in their respective areas and via decisions made by the Council of Ministers, and conducting of foreign affairs. Also organises the annual State Budget.  

The Legislative Government  

Meeting place of the Chamber of Deputies. Photo by Ex13 from Wikimedia Commons. CC BY-SA 3.0. Source.

Legislative Government is made up of a democratically elected unicameral parliament called the Chamber of Deputies which is constitutionally fixed to having 60 members. The Chamber of Deputies is advised by a Council of State. The assent of the Chamber of Deputies is required for each law. All laws are submitted to a second vote, unless the Chamber, in agreement with the Council of State, in a public sitting decides otherwise. The Chamber passes the annual State Budget.  

The Grand-Duke addresses to the Chamber the proposals of bills of law that he wishes to submit for adoption. The Chamber has the right to propose its own bills to the Grand-Duke.  

At each session the Chamber of Deputies appoints its President and Vice-President and composes its bureau. The President of the Chamber represents it in an impartial manner, ensures the following of chamber rules, and helps to administer the functions of the Chamber of Deputies. They do not have casting votes in the event of a tie, in that case the legislation is defeated.  

The Chamber of Deputies also gives its confidence to the Prime Minister and Government and gives oversight to its actions and activities, holding it to account. The Chamber of Deputies has the right to hold inquiries into matters of interest, which is regulated by law.  

It is forbidden to present petitions in person to the Chamber. The Chamber does have the right to refer petitions to members of Government that have been addressed to it. Members of Government must provide explanations of their contents, whenever the Chamber demands.  

The Chamber does not concern itself with any petition having individual interests for its object unless it is aimed at redressing grievances resulting from illegal acts of the Government or the authorities or unless the decision to intervene lies within the competence of the Chamber.  

The Grand-Duke has the ability to convoke the Chamber to an extraordinary session for a reason that requires it. The Grand-Duke must convoke an extraordinary session if at least one-third of the members of the Chamber demand one. The Grand-Duke can dissolve the Chamber for reasons stated by the Constitution and laws as well as for regular elections, when the Chamber has been dissolved new elections must be held within 3-months.  

The Council of State 

The Council of State is an advisory body to the Chamber of Deputies. It can be called to give its opinion on bills and proposals of laws and amendments, as well as on all other questions which have been referred to it by the Government or by the laws. The Council of State is required to give its opinion on certain things as stated by the Constitution.  

The Council of State is largely regulated by law, including in its make-up and appointment. As it stands the body has 21 members and they are appointed by the Grand-Duke on advice of the Prime Minister.  

The Electoral System  

Image in the Public Domain.

Parliamentary elections take place every 5-years to elect the 60-members of the Chamber of Deputies from multi-seat constituencies via a proportional representation system that uses the D’Hondt Method, this ensures that parties who reach a certain quotient of the vote are guaranteed seats, it also means that governing coalitions are common.  

The make-up of the Chamber of Deputies following Parliamentary Elections determines who will be appointed as Prime Minister dependent on the party leader (or person with most confidence) of the largest party or coalition.  

To vote in elections one must be a citizen of the country, enjoy civil and political rights, and be at least 18-years-old. These conditions are also required to run as a candidate for the Chamber of Deputies as well as needing to be domiciled in the country.  

Those who are sentenced to criminal punishments; those who, in a correctional manner, are deprived of their right to vote by a sentence; and those of the age of majority under guardianship, cannot vote and cannot run as a candidate.  

Those who are a member of Government, a member of the Council of State, a magistrate of the Judicial Order, a member of the Court of Accounts, those who are a district commissioner, those who are a collector or accounting officer of the State, or those who have a military career in active service, cannot also be a member of the Chamber of Deputies.  

Source  

The information for this post comes from Luxembourg’s 1868 Constitution with amendments through to 2009 (constituteproject.org), this does not include several amendments made in 2017-2019 and of which unfortunately I could find very little information of. The Constitution itself is quite scant compared to others I have gone over, with a number of functions and procedures simply regulated by law, and so with that in mind it is important to do cross-research on everything here if you are using this seriously. 

The constitution can be amended via the proposal of the Chamber of Deputies or by a proposal by the Grand-Duke to the Chamber of Deputies. Passage of such requires a two-thirds majority vote in two successive readings three months apart, a referendum can substitute for a 2nd reading if approved by more than a quarter of the Chamber’s members or by at least 25,000 valid voters. Adoption via a referendum requires a majority of all valid voters.  


Next up is the Government system of Madagascar.

Thank you for reading this post, if you have any queries please Email me, you can find my Email in the Contacts & Community section. Please also follow The Weekly Rambler on Twitter, Reddit, Pinterest and Facebook which you can access through the buttons at the bottom of this website. You can also use the social media buttons under each blogpost to share with your family, friends and associates. You can also subscribe to Email notifications at the right-side of this website to know whenever a new post goes up (you can easily unsubscribe from this at any time through a button in each Email notification), or alternatively you can use an RSS Feed Reader. Please also join my FB Group The Weekly Ramblers Readers Group where readers can more easily talk with each other and also with me whenever I am on, you can also find it in Community.