Constitution

Luxembourg 1868 Constitution (reviewed 2009)

Table of Contents

Chapter III. The Sovereign Power

Article 32

  1. The sovereign power resides in the Nation.The Grand Duke exercises it conforming to this Constitution and to the laws of the country.
  2. He has no powers other than those formally attributed to him by the Constitution and the particular laws adopted by virtue of the same Constitution, [and] all without prejudice to Article 3 of this Constitution.
  3. In the matters reserved to the law by the Constitution, the Grand Duke can only make the regulations and orders to this end, under the conditions and following the modalities specified by the law.
  4. However, in the case of international crisis, the Grand Duke can, if there is urgency, act [prendre] in any matter [concerning] the regulations, likewise in derogation of existing legal provisions. The duration of the validity of these regulations is limited to three months.

Article 32bis

The political parties participate in the formation of the popular will and in the expression of universal suffrage. They espouse [exprimer] pluralist democracy.

Section 1. The Prerogative of the Grand Duke

Article 33

The Grand Duke is the Head of State, symbol of its unity and guarantor of the national independence. He exercises the executive power conforming to the Constitution and to the laws of the country.

Article 34

The Grand Duke promulgates the laws within three months of the vote of the Chamber.

Article 35

The Grand Duke appoints to civil and military posts in conformity to the law, and save the exceptions made by it.

A salaried function can only be created by the State by virtue of a legislative provision.

Article 36

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

Article 37

The Grand Duke makes the treaties. The treaties will not have effect before having been approved by the law and published in the forms specified for the publication of the laws.

The treaties referred to in Chapter III, § 4 [and] Article 49bis, are approved by a law voted under the conditions of Article 114, paragraph 2.

Secret treaties are abolished.

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

Cession, exchange [or] to addition of territory can only take place by virtue of a law.

The Grand Duke commands the armed force; he declares war and the cessation of war after having been so authorized by a vote of the Chamber taken under the conditions of Article 114, paragraph 2 of the Constitution.

Article 38

The Grand Duke has the right to remit or reduce the penalties pronounced by the judges, save that which is established concerning the members of the Government.

Article 39

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

Article 40

The Grand Duke has the right to confer titles of nobility without ever [having] power to attach any privilege to them.

Article 41

The Grand Duke confers civil and military orders[,] observing in this regard that which the law provides.

Article 42

The Grand Duke may have Himself represented by a Prince of the blood, who shall bear the title of Lieutenant of the Grand Duke and who [shall] reside in the Grand Duchy.

This representative shall take an oath to observe the Constitution before exercising his powers.

Article 43

The civil list is fixed at three hundred thousand gold francs per year.

It may be changed by the law at the commencement of each reign. The budgetary law may allocate each year to the Sovereign House the sums necessary to cover the expenses of representation.

Article 44

The Grand Ducal Palace and the Chateau of Berg are reserved for the residence of the Grand Duke.

Article 45

All provisions of the Grand Duke must be countersigned by a member of the Government.

Section 2. Of Legislation

Article 46

The assent of the Chamber of Deputies is required for each law.

Article 47

The Grand Duke addresses to the Chamber the proposals or bills of law he wishes to submit to adoption.

The Chamber has the right to propose bills of law to the Grand Duke.

Article 48

The interpretation of the laws by way of authority may on take place by the law.

Section 3. Of Justice

Article 49

Justice is rendered in the name of the Grand Duke by the courts and the tribunals.

The orders and judgments are executed in the name of the Grand Duke.

Section 4. Of the International Powers

Article 49bis

The exercise of the attributions reserved by the Constitution to the legislative, executive and judicial powers may be temporarily vested by treaty in institutions of international law.