Constitutional Court

The Constitutional Court is responsible for questions over a law's compatibility with the constitution, regardless of jurisdiction.
The Court is composed as follows:

• President of the Superior Court of Justice
• President of the Administrative Court
• Two counsellors of the Court of Cassation
• Five magistrates appointed by the Grand Duke

Private jurisdiction

Social jurisdiction

• Arbitration Council for Social Security
• Superior Council for Social Security

Appeals are made to the Court of Cassation.

Administrative jurisdiction

• Administrative Tribunal
• Administrative Court

Through a law passed in 1996, with effect from 1997, the Council of State's responsibility for administrative law was taken away and made an autonomous jurisdiction. Since then, the Council of State has only retained its role of giving advice to the Chamber of Deputies.

Principles

Everyone has the right to bring their dispute to a court and receive a decision. Those who do not have the funds to afford a lawyer, may apply for Assistance judiciaire and have a lawyer provided by the state.

The principle of "double degré de juridiction" applies, which means that every matter may be abjudicated twice, both in facts as well as in law. Therefore, there are always two instances in Luxembourgish courts. However, for disputes over small amounts, the first instance may also be the last instance, with no avenue of appealing, except by making an application to the Court of Cassation: up to 2,000 euros before the Peace Tribunal, up to 1,250€ before the Employment Tribunal, before the District Tribunal in cases where it has exclusive competence, and before the Arbitration Council for Social Security. The Court of Cassation is not a third instance, as it does not judge the facts, only the correct application of the law.

Judges are to remain impartial and independent, and the organisation of the courts must provide the necessary guarantees that so that there can be no doubt about the impartiality and independence (for example, a judge from the first instance may not sit in the second instance; judges may not adjudicate a case if they know the parties, may not exercise certain additional occupations or incompatible functions, and may not ask the executive about the interpretation of a law).

Court sessions and announcements of verdicts must be public. This principle is to provide a transparent justice system, and a further guarantee of impartiality. In exceptional cases, a court session may take place behind closed doors, as for example with witness statements by minors.

Cases must receive a verdict within a reasonable delay. Luxembourg has in the past been disciplined by the European Court of Human Rights in Strasbourg under Article 6 of European Convention of Human Rights, and has been called on to provide a court system where judges, as well as parties, cannot make a case drag on for years.

Procedure

Court sessions are presided over by a judge, who may sit alone or collegially. One judge sits in the Justices of the Peace, 3 in the District Tribunals, 3 in the Court of Appeals and in the social and administrative jurisdictions, and 5 in the Court of Cassation and Constitutional Court. When multiple judges sit, verdicts are always taken by an absolute majority.

The prosecution is represented in the courts by the Parquet and the Parquet géneral at the Superior Court.

Judges are aided by court clerks (greffiers). During judicial recesses from 16 July to 15 September, and two weeks for Easter, the court service continues work, but in reduced form, with few sittings.