Constitution

Luxembourg 1868 Constitution (reviewed 2009)

Table of Contents

Chapter VIII. Of Finances

Article 99

A tax for the benefit of the State may only be established by a law. – No loan charged to the State may be contracted without the assent of the Chamber. – No real property of the State may be alienated if the alienation is not authorized by a special law. However, a general law may determine a threshold below which a special authorization of the Chamber is not required. – Any acquisition by the State of significant [importante] real property, any realization to the benefit of the State of a large infrastructure project or of a [project] of considerable construction [bdtiment], any significant financial commitment of the State must be authorized by a special law. A general law determines the thresholds above which this authorization is required. – Any charge [which] affects [grevant] the budget of the State for more than one fiscal period may only be established by a special law. – Any charge [or] any communal tax [imposition] may only be established with the consent of the Communal Council. – The law determines the exceptions which experience has demonstrated are necessary concerning communal taxes.

Article 100

The taxes for the benefit of the State are voted annually. – The laws which establish them only have force for one year, if they are not renewed.

Article 101

No privilege may be established in matters of tax. Exemption or reduction may only be established by a law.

Article 102

Save in the cases formally excepted by the law, payment may be required of citizens or of public establishments, [and] only under the title of taxes for the benefit of the State or of the commune.

Article 103

Any pension, affective payment [traitment d’attente] [or] any gratuity charged to the treasury may only be granted in accordance with the law.

Article 104

Each year, the Chamber adopts [arrte] the law of accounts and votes the budget. All revenues and expenditures of the State must be shown in the budget and in the accounts.

Article 105

  1. A Court of Accounts is responsible for the control of the financial management of the organs, administrations, and services of the State; the law may confer on it the other missions of control of the financial management of public funds.
  2. The attributions and the organization of the Court of Accounts as well as the modalities of its control and of the relations with the Chamber of Deputies are determined by the law.
  3. The members of the Court of Accounts are appointed by the Grand Duke on proposal by the Chamber of Deputies.
  4. The general account of the State is submitted to the Chamber of Deputies, accompanied by the observations of the Court of Accounts.

Article 106

The salaries and pensions of the ministers of the religions are a charge to the State and regulated by the law.