Law of Luxembourg

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The law of Luxembourg is civil law. From the Tenth Century to the Fifteenth Century the law of the Grand Duchy was customary law. [1]

Contents

Constitution

There were constitutions of 1841, 1848, 1856 and 1868. The constitution was revised in 1919, 1948 and 1987. [2]

Legislation

The legislature is the Chamber of Deputies.

Legislation includes règlements grand-ducaux. [3]

List of legislation

List of codes: [4]

Other legislation:

Courts and judiciary

There is a Constitutional Court. [6] [7]

Practitioners include avocats. [8] There is professional secrecy. [9]

Criminal law

There is a Penal Code of 1879 [10] and a Code of Criminal Procedure [11] [12] (French: Code de procédure pénale; [13] formerly called Code d'instruction criminelle). [14]

Company and partnership law

A special limited partnership is possible.

Labour law

There is a Labour Code. [15] [16]

See also

Related Research Articles

<span class="mw-page-title-main">Luxembourg</span> Country in Western Europe

Luxembourg, officially the Grand Duchy of Luxembourg, is a small landlocked country in Western Europe. It borders Belgium to the west and north, Germany to the east, and France to the south. Its capital and most populous city, Luxembourg, is one of the four institutional seats of the European Union and the seat of several EU institutions, notably the Court of Justice of the European Union, the highest judicial authority. Luxembourg's culture, people, and languages are highly intertwined with its French and German neighbors; while Luxembourgish is the only national language of the Luxembourgish people, French is the only legal language, and all three — Luxembourgish, French and German — are considered official languages and are used for administrative matters in the country.

<span class="mw-page-title-main">Economy of Luxembourg</span> National economy of Luxembourg

The economy of Luxembourg is largely dependent on the banking, steel, and industrial sectors. Luxembourgers enjoy the highest per capita gross domestic product in the world, according to an IMF estimate in 2022.

<span class="mw-page-title-main">Luxembourg Armed Forces</span> Land warfare branch of Luxembourgs public forces

The Luxembourg Armed Forces are the national military force of Luxembourg. The army has been a fully volunteer military since 1967. As of December 2018, it has 939 personnel.

<span class="mw-page-title-main">Foreign relations of Luxembourg</span> Overview about the foreign relations of Luxembourg

The Grand Duchy of Luxembourg has long been a prominent supporter of European political and economic integration. In 1921, Luxembourg and Belgium formed the Belgium-Luxembourg Economic Union (BLEU) to create an inter-exchangeable currency and a common customs regime. Post-war, Luxembourg became a founding member state of the United Nations, and dropped its policy of neutrality to become a founding member state of NATO. Luxembourg expanded its support for European integration, becoming a founding member state of the Benelux Economic Union, and one of the "inner six" founding member states of the three European Communities; the European Coal and Steel Community (ECSC), the European Atomic Energy Community (Euratom), and the European Economic Community (EEC). Subsequently, Luxembourg became a founding member state of the European Union (EU) when the EEC and ECSC were incorporated into it in 1993. Luxembourg is a founding member of the Schengen Area, abolishing internal borders amongst its member states, named after the Luxembourg village where the original agreement — since incorporated into EU law — was signed in 1985. At the same time, the majority of Luxembourgers have consistently believed that European unity makes sense only in the context of a dynamic transatlantic relationship, and thus have traditionally pursued a pro-NATO, pro-US foreign policy.

<span class="mw-page-title-main">Forêts</span>

Forêts[fɔ.ʁɛ] was a department of the French First Republic, and later the First French Empire, in present-day Belgium, Luxembourg, and Germany. Its name, meaning 'forests', comes from the Ardennes forests. It was formed on 24 October 1795, after the Austrian Netherlands had been annexed by France on 1 October. Before annexation, the territory was part of the Duchy of Luxembourg and little parts of the Duchy of Bouillon. Its capital was Luxembourg City.

<span class="mw-page-title-main">François Laurent</span>

François Laurent was a Belgian historian and jurisconsult.

Same-sex marriage in Luxembourg has been legal since 1 January 2015. A bill for the legalisation of same-sex marriages was enacted by the Chamber of Deputies on 18 June 2014 and signed into law by Grand Duke Henri on 4 July. Partnerships have also been available in Luxembourg since November 2004.

The Constitution of Luxembourg is the supreme law of the Grand Duchy of Luxembourg. The modern constitution was adopted on 17 October 1868.

<span class="mw-page-title-main">Luxembourg wine</span>

Luxembourg wine is primarily produced in the southeastern part of the Grand Duchy of Luxembourg, with vineyards overlooking the river Moselle. Along this river, which for 42 km makes up part of the border between Luxembourg and Germany, wine is made in three countries. There is a continuous history of winemaking along Moselle and in Luxembourg going back to Ancient Roman times. Wine production in 2006/07 was 123,652 hectoliter from 1,237 hectares of vineyards. Out of total wine exports of 87,776 hectoliter in 2005/06, 71,726 hectoliter or 82% was exported to nearby Belgium. Exports to Germany were the second largest at 8,168 hectoliter, or 9%, and is to a large extent made up of base wine in bulk for the production of blended Sekt rather than being sold bottled with "Luxembourg" anywhere on the label. Therefore, very little Luxembourg wine is seen outside Luxembourg and Belgium.

A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling.

Serge Guinchard is a French jurist who formerly taught at the Law School of Dakar and Jean Moulin University Lyon 3 and most recently at Panthéon-Assas University, where he is now Professor emeritus. He has also held political posts in the metropolitan government of Lyon.

The law of Albania is civil law.

The law of Malta incorporates continental law, common law and local traditions, such as Code de Rohan. A municipal code was enacted in 1784 and replaced in 1813. Maltese law has evolved over the centuries and reflected the rule of the context of the time. At present Malta has a mixed-system codification, influenced by Roman law, French law-Napoleonic Code, British law-Common Law, European Union law, international law, and customary law established through local customs

The law of Romania is civil law.

The law of the Slovak Republic is civil law.

<span class="mw-page-title-main">Blochausen Ministry</span>

The Blochausen Ministry was the government of the Grand Duchy of Luxembourg from 26 December 1874 to 20 February 1885. It was led by Baron Félix de Blochausen.

TheCode pénal is the codification of French criminal law. It took effect March 1, 1994 and replaced the French Penal Code of 1810, which had until then been in effect. This in turn has become known as the "old penal code" in the rare decisions that still need to apply it.

<span class="mw-page-title-main">Social class in Luxembourg</span>

Social class in Luxembourg after 1945 is generally based on occupation, personal income, and spending power as well as rights to social welfare rather than birth circumstances and family background. The country's demographic situation has changed considerably since 1945, where a mostly blue-collar working population gave way to mostly white-collar occupations over the second half of the twentieth century. Differences in consumer patterns between the white-collar and blue-collar workers decreased considerably between 1963 and 1977, causing a socio-economic evolution that saw a wider sphere of access for both working and middle classes to consumer goods such as cars, white goods, and real estate, thus demonstrating an equalisation of social strata in terms of income and spending power. The population of Luxembourg has also altered in nature due to significant growth in numbers of residents and increases in migration patterns since the mid-twentieth century; in 1961 13% of the population consisted of non-Luxembourgers, by 2020, this is at 44.3. At present, 47% of the Luxembourgish population has a migrant background’, and this is as a result of the response to socioeconomic processes that drew large numbers of immigrants to the country in the latter half of the twentieth century.

The law of Andorra includes customary law and legislation.

The law of Hungary is civil law. It was first codified during the socialist period.

References

  1. Information Sources in Law. 2nd Ed.
  2. Information Sources in Law. 2nd Ed.
  3. Volker Heydt. "Legislation in Luxembourg". Karpen and Xanthaki (eds). Legislation in Europe. Hart Publishing. 2020. Chapter 19. pp 313 to 324. At p 315.
  4. For a list of codes, see for example Gontier-Grigy, 1884, p vi.
  5. International Bank and Other Guarantees Handbook: Europe, 2016, PT588
  6. Patrick Kinsch. "Luxembourg". Shelton (ed). International Law and Domestic Legal Systems. OUP. 2011. p 385 at p 404.
  7. Comella. Constitutional Courts and Democratic Values. Yale University Press. 2009. p 168.
  8. Bruno Nascimbene and Elisabetta Bergamini. "Luxembourg". The Legal Profession in the European Union. Kluwer Law International. 2009. Chapter 3. Section 18. pp 154 to 158 at p 154.
  9. Marc Thewes. "Luxembourg". The Bar of Brussels (compiler). Professional Secrecy of Lawyers in Europe. Cambridge University Press. 2013. Chapter 21. pp 332 to 343.
  10. Kalmthout, Knapen, and Morgenstern. Pre-trial Detention in the European Union. 2009. p 641.
  11. Silvia Allegrezza. The Enforcement Dimension of the Single Supervisory Mechanism. CEDAM. 2020. p 477.
  12. Petschko, Schiltz and Tosza. "Luxembourg". Ligeti (ed). Toward a Prosecutor for the European Union. 2013. vol 1. Chapter 12. pp 449 to 472.
  13. The Oxford Handbook of Criminal Process, 2019, p 155
  14. Allegrezza, 2020, p 474.
  15. Anne Morel. "Luxembourg". Field and Moorhouse (eds). Employment Law in Europe. 3rd Ed. Eversheds. Bloomsbury Professional. 2013. Chapter 18. pp 771 to 812. At p 771.
  16. Guy Castegnaro and Ariane Claverie. "Luxembourg". Kempen, Patmore, Ryley and Steinau-Steinruck (eds). Redundancy Law in Europe. 2008. pp 143 to 150. At p 143.