Luxembourg's institutions explained for the Vivre Ensemble exam

Twenty questions out of forty are about the institutions of the State and the communes. That is half the marks. If you could only revise one subject, this would be it.

This guide follows a constant grid: for each institution, its composition, its role, its powers and its place relative to the others. That is exactly the angle from which multiple-choice questions are built.

The political system: a constitutional monarchy#

The Grand Duchy of Luxembourg is a parliamentary democracy in the form of a constitutional monarchy. That formula, which sounds contradictory, captures the essential: there is a hereditary sovereign, but his powers are defined and limited by the Constitution, and the government answers for its actions before an elected parliament.

The constituent elements of the State are also on the syllabus: a territory, a people, languages and national symbols. Luxembourgish is the national language; Luxembourgish, French and German are the administrative and judicial languages, and legislative texts are drafted in French.

The three powers are separated:

• the legislative power, which makes the law;
• the executive power, which applies it;
• the judicial power, independent, which enforces it.

The Grand Duke#

Composition. The Grand Duke is the head of state. The office is hereditary within the House of Nassau-Weilburg.

Role and powers. He appoints and dismisses members of the Government, promulgates the laws voted by the Chamber, appoints to public office and represents the State internationally. These powers are exercised within the framework set by the Constitution: the Grand Duke reigns, he does not govern alone.

Relations. The Government he appoints must hold the confidence of the Chamber of Deputies, to which it is politically accountable. That is what distinguishes a constitutional monarchy from an absolute one.

Exam point: to the question "who appoints the members of the Government?", the answer is the Grand Duke — not the Chamber of Deputies, which grants or withdraws confidence but does not appoint.

Regarding the person of the head of state, note that succession takes place within the same dynasty; the identity of the reigning sovereign can change, so verify it on official sources before your session.

The Chamber of Deputies#

Composition. 60 deputies, elected by universal suffrage for five years, across four constituencies: South, Centre, North and East. The number of seats per constituency depends on its population.

Role. It is the legislative body: the Chamber votes laws and the State budget.

Powers. Beyond voting laws, it scrutinises the Government — parliamentary questions, committees, motions. It can withdraw its confidence from the Government.

Relations. It receives the Council of State's opinion before voting, and the laws it adopts are promulgated by the Grand Duke.

The Council of State#

Composition. 21 members, appointed by the Grand Duke.

Role. It examines government bills (tabled by the Government) and parliamentary bills (tabled by a deputy) and issues a reasoned opinion before the vote.

Powers. Its opinion is not binding, but it carries weight: it addresses the legal quality of the text, its consistency with higher norms and its practical feasibility.

Relations. The Council of State intervenes ahead of the Chamber. It is not a second parliamentary chamber: it does not vote laws.

This is the most frequent confusion in the whole exam. We devote a full article to it: Chamber of Deputies and Council of State.

The Government#

Composition. A Prime Minister, ministers and, where applicable, secretaries of state. All are appointed and dismissed by the Grand Duke.

Role. It is the executive: it conducts national policy, prepares government bills and issues the grand-ducal regulations needed to apply laws.

Relations. It is politically accountable to the Chamber of Deputies. That is the defining principle of a parliamentary system.

How a law is made#

Questions frequently target the legislative circuit. Remember the vocabulary distinction, which is regularly tested:

• a government bill (projet de loi) is tabled by the Government;
• a parliamentary bill (proposition de loi) comes from a deputy.

The text then follows this path: tabling, examination in parliamentary committee, opinion of the Council of State, vote by the Chamber of Deputies, then promulgation and publication. Grand-ducal regulations, by contrast, are not voted by the Chamber: they set out how an existing law is to be applied.

The courts#

The Luxembourg judicial system comprises two branches, plus one specific court.

The judicial branch handles civil, commercial and criminal matters:

• the justices of the peace (Luxembourg, Diekirch, Esch-sur-Alzette) for small disputes;
• the district courts of Luxembourg and Diekirch;
• the Superior Court of Justice at the top.

The administrative branch settles disputes between individuals and the administration:

• the Administrative Tribunal at first instance;
• the Administrative Court on appeal.

The Constitutional Court occupies a place of its own: it rules on whether laws conform to the Constitution, seized by way of a preliminary question when a judge has a constitutional doubt in a pending case.

There are also specialised courts, notably in labour and social security matters.

Three confusions to eliminate: Superior Court of Justice (top of the judicial branch), Administrative Court (top of the administrative branch) and Constitutional Court (conformity of laws with the Constitution). Three different courts with three different missions.

Details in the Luxembourg court system.

The communes#

Luxembourg has about a hundred communes, grouped into twelve cantons. Each commune has two bodies:

• the municipal council, the deliberative body elected by residents for six years;
• the college of the mayor and aldermen, the executive body that implements the council's decisions and runs day-to-day administration.

Communes exercise their own competences — civil status, town planning, primary schools, municipal roads, local services — under State supervision.

An important and frequently tested feature: in municipal elections, foreign residents entered on the electoral roll may vote, subject to conditions. That is not the case for legislative elections.

See: Communes, municipal council and college of aldermen.

Elections#

Election	Frequency	What is elected
Legislative	5 years	The 60 deputies
Municipal	6 years	Municipal councils
European	5 years	Luxembourg's MEPs

Do not confuse five and six years: it is a classic question. Remember that the longest mandate is the local one.

See: Elections in Luxembourg.

Intermediary bodies#

The syllabus also mentions the professional chambers — commerce, skilled trades, employees, agriculture, civil servants and public employees — as well as the Economic and Social Council, a tripartite advisory body bringing together the State, employers and employees.

These bodies do not vote laws. They are consulted and issue opinions on texts touching their field.

Quick revision card#

Institution	Composition	Key function
Grand Duke	Head of state, hereditary	Appoints the Government, promulgates laws
Chamber of Deputies	60 deputies, 5 years, 4 constituencies	Votes laws, scrutinises the Government
Council of State	21 appointed members	Opinions on texts before the vote
Government	Prime Minister + ministers	Executive, accountable to the Chamber
Constitutional Court	—	Conformity of laws with the Constitution
Administrative Court	—	Appeal in disputes with the administration
Municipal council	Elected, 6 years	Deliberative body of the commune
College of aldermen	Mayor + aldermen	Municipal executive

Print this table, re-read it three times in the week before your session, then test yourself on the simulator: these distinctions stick through answering, not through re-reading.