In a monitoring report on the implementation of the European Charter of Local Self-Government published today, the Congress of Local and Regional Authorities calls on Luxembourg to clearly delimit the powers of the State and the communes and to press ahead with the communal reform. The country should create a framework within which local self-government can be exercised and develop fully. Luxembourg is also asked to formally enshrine in law the procedure for government consultation of local authorities and is encouraged to sign and ratify the Additional Protocol to the Charter on the right to participate in the affairs of a local authority (CETS No. 207).
The report welcomes the fact that the principle of local self-government, as laid down in the Charter ratified by Luxembourg in 1987, is fully enshrined in the Constitution, recognised by the legislature and the courts and respected. It also highlights that the legal protection of local self-government is fully complied and that the Communal Law reform begun in 2020 is aimed at relaxing the administrative supervision of communes.
However, the co- rapporteurs Marjorie CROVETTO (Monaco) and Christine CHEVALLEY (Switzerland) expressed their concern on the unclear delimitation of powers between the State and the communes. They also underlined the fact that the prior approval of the Minister of the Interior remains the rule in a certain number of cases, particularly with regard to staff recruitment, creation of posts, appointment of local government officers and communal budgets: forms of administrative supervision in place not complying with the Charter (as already pointed out in the previous monitoring report). Finally, it has to be noted that the procedure for consulting local authorities on all matters concerning them directly, including with respect to their budgets, is not formally recognised in law.
The Minister of the Interior and Minister of Equality between Women and Men of Luxembourg, Taina BOFFERDING, addressed the Congress members and had an exchange of views with them.
This is the third monitoring report on Luxembourg since the country ratified the European Charter of Local Self-Government in 1987. Countries which have ratified the Charter are bound by its provisions. The Charter requires compliance with a minimum number of rights, which form the European bedrock of local self-government. The Congress of Local and Regional Authorities ensures that these principles are observed through its monitoring activities”.
See also :
Report CPL(2022)42-03
For further information :
Media contact: Giuseppe Zaffuto, Spokesperson/Media Officer, tel. +33 6 86 32 10 24
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42nd Session:
Agenda – Web file – Multimedia (Live webcasts, interviews, videos and photo)