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Fundamental rights - Luxembourg

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National

Fundamental rights are enshrined in international texts such as the European Convention on Human Rights and by United Nations conventions, but also by the Luxembourg Constitution and the Charter of Fundamental Rights of the European Union with regard to European law.

The fundamental rights enshrined in those legal texts may be invoked before any national court, be it the criminal, civil, commercial or administrative courts.

It must be pointed out that any infringement of a fundamental right may be penalised in judgments to be delivered by the national courts, whether by criminal or civil courts or, where appropriate, in a commercial or administrative manner.

Link opens in new windowhttps://justice.public.lu/fr.html

Link opens in new windowhttp://www.justice.public.lu/fr/annuaire/index.html

Institutional Ombudsman

Ombudsman

The Ombudsman shall be attached to the Chamber of Deputies and shall not, in the performance of his or her duties, be instructed by any other authority.

The task of the Ombudsman is to hear complaints from natural or legal persons governed by private law made in a case which concerns them, relating to the functioning of the State and local authorities and public institutions of the State and municipalities, to the exclusion of their industrial, financial and commercial activities. In this context, complaints relating directly or indirectly to human rights may be brought before them.

Any natural or legal person governed by private law who considers, in a case concerning him, that an authority referred to in the preceding paragraph has not worked in accordance with the duties which it is required to carry out or contravenes the conventions, laws and regulations in force, may, by means of a written complaint or by an oral statement made to its secretariat, request that the matter be brought to the attention of the Ombudsman.

The complaint must be preceded by the appropriate administrative steps to obtain satisfaction from the bodies involved.

Complaints to the Ombudsman shall not interrupt the time limits for bringing proceedings, in particular before the competent courts.

The Ombudsman may not intervene in cases before courts or question the soundness of a court’s ruling. It may, however, in the event of failure to comply with a judgment having the force of res judicata, order the body concerned to comply with it within a period which it shall set.

The complaint must concern a specific case concerning the author of the complaint. Complaints should not relate to the functioning of the administration in general.

Where a complaint appears to him to be justified, the Ombudsman shall advise the complainant party and the administration, and shall suggest all the recommendations at the place of the service concerned and of the complainant, which, in his view, would enable him to make an amicable settlement to the complaint brought before him. In particular, recommendations may include proposals to improve the functioning of the targeted service.

Where it appears to the Ombudsman, in a complaint submitted to it, that the application of the contested decision leads to unfairness, it may, with due regard for the laws and regulations, recommend any solution enabling the situation of the complainant to be dealt with fairly and to suggest any amendments which it considers appropriate to bring to the legislative or regulatory texts which are at the basis of the decision.

The Ombudsman’s decision not to act on a complaint is not open to appeal before a court.

Ombudsman

36, rue du Marché-aux-Herbes,
L-1728 Luxembourg

Tel: (+ 352) 26 27 01 01 Fax:
(+ 352) 26 27 01 02

Website: Link opens in new windowHttp://www.ombudsman.lu
E-mail: Link opens in new windowinfo@ombudsman.lu

Specialised human rights bodies

Consultative Commission on Human Rights

The Consultative Commission on Human Rights (CCDH) is an advisory body to the Government whose task it is to promote and protect human rights in the Grand Duchy of Luxembourg. To that end, it shall send the Government opinions, studies, positions and recommendations which it shall draw up in full independence on all matters of general scope relating to human rights in the Grand Duchy of Luxembourg. In its opinions it draws the attention of the Government to the measures which it considers appropriate to promote the protection and promotion of human rights. The Prime Minister sends the opinions, studies, opinions and recommendations of the Commission to the Chamber of Deputies.

It is a purely consultative body of the Government, which has no decision-making power.

The CCDH has no competence to deal with individual cases.

As part of its operation, the CCDH shall:

  • shall be free to examine any question falling within its competence, whether by the government or by self-referral on a proposal from its members or from any person or organisation;
  • heard any person, if necessary, receive any information and documents necessary for the assessment of situations falling within his competence;
  • address directly to the public or through any media organisation, in particular to make its opinions and recommendations public;
  • maintains consultations with other bodies, whether or not it has jurisdiction, whose purpose is to promote and protect human rights.

Consultative Commission on Human Rights

71-73, rue Adolphe Fischer
L-1520 Luxembourg

Tel.: (+ 352) 26 20 28 52 Fax.
: (+ 352) 26 20 28 55 Fax.
: (+ 352) 26 20 28 55

Website: Link opens in new windowHttps://ccdh.public.lu
E-mail: Link opens in new window info@ccdh.public.lu

Ombudsman fir Kanner a Jugendlher (OKaJu)

The tasks of the Okaaju

The Law of 1 April 2020 establishing the Ombudsman fir Kanner a Jgendlher defines the tasks of the OKaJu:

  1. it investigates complaints about the violation of the rights of the child. It sets out recommendations for the recovery of the reported situation.
  2. it shall analyse the arrangements established in order to recommend, where appropriate, the competent bodies of the adaptations in order to ensure better protection and promotion of the rights of the child in a sustainable manner.
  3. he reports cases of non-compliance with the rights of the child to the competent authorities.
  4. he or she shall advise the natural or legal persons concerning the putting into practice of the rights of the child.
  5. he promotes children’s rights and the public to the rights of the child.
  6. it shall draw up opinions on all draft laws, bills and draft Grand-Ducal regulations having an impact on the respect of the rights of the child.
  7. he shall draw up opinions at the request of the Government or the Chamber of Deputies on any matter relating to the rights of the child.

The members of the OFJU carry out their duties without any involvement in ongoing legal proceedings.

Any natural or legal person may submit a written or oral request to the Ombudsman fir Kanner a Jugendlher for advice on the practical implementation of the rights of the child.

The response of the Ombudsman fir Kanner a Jugendlecher may take a form in writing or orally, depending on the form of the request.

Ombudsman fir Kanner a Jugendlher (OKaJu)

2, rue Fort Wallis,
L-2714 Luxembourg

Tel.: (+ 352) 26 123 124 Fax:
(+ 352) 26 123 125

Website: Link opens in new windowhttp://ork.lu/index.php/en/

Centre for Equal Treatment

The Equal Treatment Centre, which carries out its tasks in an independent manner, aims to promote, analyse and monitor equal treatment of all persons without discrimination on the grounds of race, ethnic origin, sex, religion or belief, disability and age.

In the performance of its tasks, the Centre may in particular:

  • publish reports, issue opinions and recommendations and conduct studies on all issues related to the above-mentioned discrimination;
  • produce and supply any information and useful documentation as part of its duties;
  • provide assistance to those who consider themselves to be victims of discrimination as referred to in Article 1 of the Equal Treatment Act of 28 November 2006 by providing a counselling and guidance service for victims on their individual rights, legislation, case law and the means to enforce their rights.

Information relating to individual situations or cases brought to the members’ attention in the performance of their duties shall be subject to the conditions of professional secrecy. Professional secrecy does not preclude communication to the competent judicial authorities of any information which may constitute, for the victim, discrimination as defined in Article 1 of the Law on equal treatment of 28 November 2006.

The members of the Centre shall carry out their duties without any involvement in ongoing legal proceedings.

The members of the Centre shall have the right to request any information, document or document, with the exception of those covered by medical confidentiality or other professional secrecy, which are necessary for the performance of their duties.

Centre for Equal Treatment

B.P. 2026
L-1020 Luxembourg

Tel.: (+ 352) 26 48 30 33 Fax:
(+ 352) 26 48 38 73

Website: Link opens in new windowHttp://cet.lu/fr/
E-mail: Link opens in new window info@cet.lu

National Data Protection Commission

The National Data Protection Commission is a public authority which is set up as a public body. The National Data Protection Commission exercises in full independence the tasks it is entrusted with.

It shall report in a written report to the members of the Government on the performance of its tasks in a written report to the members of the Government.

The role of the National Data Protection Commission is to:

  • Reviewing and verifying the legality of the collection and use of data subject to processing and informing controllers about their obligations;
  • Ensuring respect for the fundamental rights and freedoms of individuals, including privacy, and informing the public about the rights of data subjects;
  • Receive and examine complaints and requests for verification of the lawfulness of the processing;
  • Advise the Government, either at the latter’s request or on its own initiative, concerning the consequences of developments in technologies for the processing of information with a view to respect for the fundamental rights and freedoms of individuals; for that purpose, it may commission studies, surveys or studies.

The National Commission is also responsible for ensuring the application of the provisions of the amended Law of 30 May 2005 on the protection of privacy in the electronic communications sector and its implementing regulations.

The national Commission may be seized by any person, acting either through his lawyer or by any other natural or legal person duly mandated, with a view to ensuring respect for his fundamental rights and freedoms in respect of treatment. The person concerned shall be informed of the outcome of his or her request.

The national Commission may, in particular, be seised by any relevant person of a request for verification of the lawfulness of the processing of personal data in the event of a refusal or restriction on the exercise of the right of access of the data subject.

It criticises the judicial authorities for the infringements of which it is aware.

National Data Protection Commission

15, Boulevard du Jazz
L-4370 Belvaux

Tel.: (+ 352) 26 10
60-1 Fax: (+ 352) 26 10 60-29

Website: Link opens in new windowhttps://cnpd.public.lu/fr/index.html

National Office for Reception (NAO)

The National Office for Reception (NAO) was established by the Link opens in new windowLaw of 4 December 2019. The provisions of the new host law entered into force on 1 January 2020.

The NEB replaces the Luxembourg Reception and Integration Office (OLAI) established by the amended Law of 16 December 2008 on the reception and integration of foreigners in the Grand Duchy of Luxembourg. Link opens in new windowhttp://data.legilux.public.lu/file/eli-etat-leg-memorial-2008-209-fr-pdf.pdf

The role of the NEB is to:

Organise the reception of applicants for international protection as defined by the Link opens in new windowLaw of 18 December 2015 on international protection and on temporary protection;
To manage accommodation facilities reserved for the temporary accommodation of applicants for international protection, refugees and persons eligible for subsidiary protection as defined in the Link opens in new windowabove-mentioned Act of 18 December 2015;
collaborate with other bodies in setting up and managing accommodation facilities for temporary accommodation of applicants for international protection, refugees and persons eligible for subsidiary protection;

to promote with the competent bodies the construction and fitting-out of accommodation facilities reserved for the temporary accommodation of applicants for international protection, refugees and persons eligible for subsidiary protection.

In carrying out this task, the NEB works with European and international bodies.

In exceptional cases, duly motivated by reasons relating to the family, humanitarian or health situation, the NEB may grant ad hoc support to third-country nationals such as these nationals are defined by Article 3 (c) of Link opens in new windowthe amended Law of 29 August 2008 on the free movement of persons and immigration who are not entitled to existing aid and allowances.

National Office for Reception (NAO)

5, rue Carlo Hemmer
L-1734 Luxembourg

Tel.: (+ 352) 247-85700
Fax: (+ 352) 247-85720

Website: Link opens in new windowHttp://www.olai.public.lu/fr/index.html
E-mail: Link opens in new window info@olai.public.lu

Access to justice

Service d’accueil et d’information juridique

This service, established in the courts, is placed under the authority of the State Prosecutor’s Office. Its task is to welcome individuals and provide them with general information on the extent of their rights and on the means and means to be used to safeguard them.

The mission of the Legal Reception and Information Service is to:

  • hosting individuals and directing them towards the competent services, providing them with the necessary information and technical means;
  • informing individuals generally about the extent of their rights in relation to the problems and ways and means of achieving them;
  • hear their complaints about the difficulties encountered in implementing their rights and propose the means for them.

The Reception and Legal Information Service only provides oral information, excluding written consultations.

Legal information and welcome service — Luxembourg

Cited by the judicial authority
Building BC
L-2080 — Luxembourg

Tel.: (+ 352) 475981-345/325/600

Link opens in new windowpgsin@justice.etat.lu

Legal information and reception service — Diekirch

Justice of peace

Joseph Bech,
L-9211 — Diekirch

Tel.: (+ 352) 80 23 15

Legal aid

As far as legal assistance is concerned, it can be awarded for legal, non-judicial, non-contentious and judicial proceedings, on request or in defence. In order to benefit from legal aid, the resources of the person making the request must be insufficient, i.e. equivalent to the social inclusion income (REVIS). The lack of resources is assessed in relation to the income and wealth of the person who requires the assistance and persons living with him in the domestic community.

Legal aid is refused to persons bringing an action which appears to be manifestly inadmissible, without merit or unreasonable or whose aim seems disproportionate in relation to the potential costs.

Legal aid is refused if the applicant is entitled, for whatever reason, to the reimbursement by a third party of sums to be paid by legal aid.

Beneficiaries of legal aid are entitled to the assistance of a lawyer and any law officer whose collaboration is necessitated by the cause, the action, or its enforcement.

The Chairman of the Bar or a member of the Bar Council appointed by the former for the purpose in the applicant’s district of residence decides whether to assign legal aid. For non-residents the decision is taken by the Chairman of the Luxembourg Bar or a member of the Bar Council appointed by the former for the purpose.

Those whose resources are insufficient shall be directed at the Chairman of the Bar, either at the Chairman’s chair or at the hearings or in writing.

If a person detained by the police claims entitlement to legal aid and requests it, the lawyer assisting the applicant during their detention submits the application to the Chairman of the Bar.

Website:Link opens in new window http://barreau.lu/votre-avocat/assistance-judiciaire/presentation

For the judicial district of Luxembourg

President of the Lawyers’ Order of Luxembourg
Legal Assistance Service
45, Allée Scheffer, L-2520 Luxembourg
L-2013 Luxembourg

Tel: (+ 352) 467272-1

For the judicial district of Diekirch

President of the Bar Association of Diekirch
B.P. 68
L-9201 Diekirch


President of the Bar Association of Diekirch
B.P. 68
L-9201 Diekirch


This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.

Last update: 31/07/2020