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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The number of deputies, in accordance with Article 51, paragraph 3 of the Constitution, is set as follows:
Southern constituency: 23 deputies;
Eastern constituency: 7 deputies;
Central constituency: 21 deputies;
Northern constituency: 9 deputies."
Source: Constitution, Art. 51(6); https://www.constituteproject.org/constitution/Luxembourg_2009
Electoral law, Art. 117: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/20
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
d . Conformity with local jurisdiction boundaries
Comments: Each municipality forms an electoral constituency. All the voters of the municipality participate together in the election of the members of the council.
Source: Electoral law, Art. 197(1): https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Constitution, Art. 51(6): https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/20
BD004
Question: If population is a criterion, which population figure is used?
Answer:
a . Total population
Comments: A Jurisprudence on the Article 51 of the Constitution states that
“Fixing the number of members must be in consideration of the entire population and not from the number of voters only. (Council of State, 15 July 1993, No. 26, p. 2)”
Source: Electoral law of 18 February 2003, Art. 132;
Constitution, Art. 51(6)
Verified: 2015/06/05
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber)
Comments: There is only one chamber in Luxembourg (Chamber of deputies)
Source: Electoral law of 18 February 2003, Art. 132; https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Constitution, Art. 51(6): https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/20
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments:
Source: Electoral law of 18 February 2003, Art. 132;
Constitution, Art. 51(6)
Verified: 2012/04/23
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
g . Inherited monarchy
Comments: The Crown of the Grand Duchy is hereditary in the Nassau family.
Source: Constitution, Art. 3 https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/20
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Prime Minister is appointed by the Grand Duke.
Source: Constitution, art. 77; https://www.constituteproject.org/constitution/Luxembourg_2009
Official web site of the Government: http://www.gouvernement.lu/dossiers/viepol/formation-gouvernement-2009/index.html (2012)
Verified: 2024/11/20
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: b) The Grand Duke is the head of the State, the symbol of its unity and the guarantee of national independence. He exercises the executive power according to the Constitution and the laws of the country.
Source: Constitution, Art. 33: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/20
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: Article 50
The Chamber of Deputies represents the country. Deputies vote without referring to their constituents and may have in view only the general interests of the Grand Duchy.
Source: Constitution, Art. 50, 51: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/20
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: The Deputies are elected on the basis of universal suffrage pure and simple, on [a party] list ballot, following the rules of proportional representation, conforming to the principle of the smallest electoral quotient and following the rules to be determined by the law.
Source: Constitution, Art. 51(5): https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/20
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
Source: Constitution, Art. 50, 51
Verified: 2015/06/05
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
g . Other
Comments: g) The principle of the smallest quota
Electors may cast a preferential vote or split their vote between different lists. Accordingly, they can either vote for a list (in which case the latter is deemed to have received a number of votes equal to the number the elector was entitled to cast) or for a particular name on any list (in which case their votes may not exceed the number of Deputies to be elected in the district concerned). Each party-list obtains as many seats as its total number of (individual candidates and list) votes encompasses the applicable quotient. Remaining seats are allotted to parties with the highest average after the second count.
Source: Constitution, Art. 51(5)
http://www.ipu.org/parline-e/reports/2191_B.htm
Verified: 2012/04/23
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level
Comments:
Source: Electoral law of 18 February 2003, Art. 159
Verified: 2012/04/23
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source: Constitution, Art. 50, 51
Verified: 2015/06/04
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source:
Verified: 2012/04/23
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Source: Constitution, Art. 50, 51
Verified: 2012/04/23
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
a . No minimum
Comments: Electors may cast a preferential vote or split their vote between different lists. Accordingly, they can either vote for a list (in which case the latter is deemed to have received a number of votes equal to the number the elector was entitled to cast) or for a particular name on any list (in which case their votes may not exceed the number of Deputies to be elected in the district concerned). Each party-list obtains as many seats as its total number of (individual candidates and list) votes encompasses the applicable quotient. Remaining seats are allotted to parties with the highest average after the second count.
Source: Electoral law of 18 February 2003, Art. 222
http://www.ipu.org/parline-e/reports/2191_B.htm
Verified: 2015/06/05
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments: The national legislature consists of one chamber only
Source: Constitution, Art. 50, 51
Verified: 2015/06/05
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
a . No minimum
Comments: a) Candidates are elected according to the votes received until all seats are occupied.
Source: Electoral law of 18 February 2003, Art. 222
Verified: 2015/06/04
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments: The national legislature consists of one chamber only
Source: Constitution, Art. 50, 51
Verified: 2015/06/04
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) c . On a fixed day of the week (specify day, specify if holiday)
Comments: Legislative elections are held, automatically, every five years, the first Sunday of June. If this date falls on the Pentecost Sunday, the elections are held the last Sunday of May.
Source: Electoral law of 18 February 2003, Art. 134(1)
Verified: 2015/06/05
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments: The national legislature consists of one chamber only
Source: Constitution, Art. 50, 51
Verified: 2015/06/05
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: Legislative elections are held the first Sunday of June. Voters are allowed to vote from 8 am to 2 pm.
Source: Electoral law of 18 February 2003, Art. 134(1), 73
Verified: 2015/06/05
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments: The national legislature consists of one chamber only
Source: Constitution, Art. 50, 51
Verified: 2015/06/04
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: Constitution; https://www.constituteproject.org/constitution/Luxembourg_2009
Electoral law: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Financing of Political Parties: https://legislationline.org/sites/default/files/documents/b9/Lux_Political_parties_Financing_asof2012.pdf
Verified: 2024/11/20
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source: Electoral law of 18 February 2003
Verified: 2015/06/05
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums e . Other
Comments: e) Elections to the European Parliament
Source: Electoral law: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
https://guichet.public.lu/en/citoyens/citoyennete/elections/referendum.html
Verified: 2024/11/20
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
b . Voting is compulsory and regulated in the electoral law
Comments: Voters unable to participate in the vote must inform the Justice of the Peace of their reasons, along with the necessary supporting documents. If the Justice of the Peace accepts the validity of these excuses, no legal action will be taken. The following are automatically excused:
Voters who, at the time of the election, reside in a different municipality from the one where they are called to vote.
Voters aged over 75 years
Source: Electoral law, Art. 89: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/20
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments: Legislative elections are held every 5 years, whereas regional elections are held every 6 years.
Source: Electoral law of 18 February 2003, Art. 186, 134(1)
Verified: 2015/06/05
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments: The Crown of the Grand Duchy is hereditary in the Nassau family.
Source: Constitution, Art. 3
Verified: 2015/06/05
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: The Administrative Tribunal of each constituency.
Any voter may file an appeal with the Administrative Court against the election that took place in their municipality. The appeal must be submitted within five days from the date of the proclamation of the results, under penalty of being time-barred
Source: Electoral law, Art. 276: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/20
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source: Electoral law of 18 February 2003, Art. 276
Verified: 2012/04/23
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
c . Voters
Comments: c) All voters
Source: Electoral law of 18 February 2003, Art. 276
Verified: 2015/06/05
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
f . Other
Comments: f) The Administrative Court
Source: Electoral law of 18 February 2003, Art. 278
Verified: 2015/06/05
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
e . Legislature
Comments:
Source: Constitution
Verified: 2012/04/23
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: National, Local and Elections to the European Parliament
Source: Election Law: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
EM003
Question: The national electoral management body reports to:
Answer(s):
d . A national government department
Comments: d) The Ministry of Interior
Source: Electoral law of 18 February 2003, Art. 224, 225, 260, 261
Verified: 2015/06/05
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
Source: Ministry of Interior: http://www.miat.public.lu/ministere/min_200_organisation/280_cdd/index.html
Verified: 2024/11/21
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments:
Source: Ministry of Interior: http://www.miat.public.lu/ministere/min_200_organisation/280_cdd/index.html
Verified: 2024/11/21
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
a . For the election period only
Comments:
Source: https://luxembourg.public.lu/en.html
Verified: 2024/11/21
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
c . Civil service appointment
Comments: c) The chairperson of the Central Government Office for parliamentary, European and local elections is a civil servant.
Source: Grand Ducal Regulation of 12 February 2009, on the Central Government Office for parliamentary, European and local elections, Art. 2
Verified: 2015/06/05
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments:
Source: https://legilux.public.lu/eli/etat/leg/rgd/2009/02/12/n5/jo
Verified: 2024/11/21
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
f . No information available
Comments:
Source: https://legilux.public.lu/eli/etat/leg/rgd/2009/02/12/n5/jo
Verified: 2024/11/21
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
e . No Information Available
Comments:
Source: https://legilux.public.lu/eli/etat/leg/rgd/2009/02/12/n5/jo
Verified: 2024/11/21
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
b . Head of Government i . Other
Comments: They are appointed by the Council of Government on proposal of the Prime Minister, Minister of State in the event of legislative or European elections, the Minister respectively Interior in case of general local elections. The charge of the direction of the central office and his deputy are appointed by the Council of Government officials among those following the same procedure.
Source: https://legilux.public.lu/eli/etat/leg/rgd/2009/02/12/n5/jo
Verified: 2024/11/21
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body c . Local/County Electoral Management Bodies d . National Government
Comments:
Source: https://luxembourg.public.lu/en/society-and-culture/political-system/citizen-participation-luxembourg.html
https://elections.public.lu/en/support/faq/faq-communales.html
https://luxembourg.public.lu/en/society-and-culture/political-system/electoral-system.html
Verified: 2024/11/21
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source: https://luxembourg.public.lu/en/society-and-culture/political-system/citizen-participation-luxembourg.html
https://elections.public.lu/en/support/faq/faq-communales.html
https://luxembourg.public.lu/en/society-and-culture/political-system/electoral-system.html
Verified: 2024/11/21
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body e . Yes, conducted by the Government l . Other
Comments:
Source: https://luxembourg.public.lu/en/society-and-culture/political-system/citizen-participation-luxembourg.html
https://elections.public.lu/en/support/faq/faq-communales.html
https://luxembourg.public.lu/en/society-and-culture/political-system/electoral-system.html
Verified: 2024/11/21
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
i . Not applicable
Comments:
Source: Ministry of Interior: http://www.miat.public.lu/ministere/min_200_organisation/280_cdd/index.html (2012);
Official web site of the Government: http://www.gouvernement.lu/dossiers/viepol/formation-gouvernement-2009/index.html (2012);
Official web site of the Central Government Office for parliamentary, European and local elections: http://www.elections.public.lu/fr/index.html (2012)
Verified: 2012/04/23
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
i . Not applicable
Comments:
Source: Ministry of Interior: http://www.miat.public.lu/ministere/min_200_organisation/280_cdd/index.html (2012);
Official web site of the Government: http://www.gouvernement.lu/dossiers/viepol/formation-gouvernement-2009/index.html (2012);
Official web site of the Central Government Office for parliamentary, European and local elections: http://www.elections.public.lu/fr/index.html (2012)
Verified: 2012/04/23
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
h . Not applicable
Comments:
Source: Ministry of Interior: http://www.miat.public.lu/ministere/min_200_organisation/280_cdd/index.html (2012);
Official web site of the Government: http://www.gouvernement.lu/dossiers/viepol/formation-gouvernement-2009/index.html (2012);
Official web site of the Central Government Office for parliamentary, European and local elections: http://www.elections.public.lu/fr/index.html (2012)
Verified: 2012/04/23
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: To be an elector, it is necessary:
to be a Luxembourger [masculine] or Luxembourger [feminine];
to enjoy civil and political rights;
to have completed 18 years of age;
Source: Constitution, Art. 52: https://www.constituteproject.org/constitution/Luxembourg_2009
Electoral Law, Art. 1: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/20
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: To be an elector, it is necessary:
to be a Luxembourger [masculine] or Luxembourger [feminine];
to enjoy civil and political rights;
to have completed 18 years of age;
Source: Constitution, Art. 52: https://www.constituteproject.org/constitution/Luxembourg_2009
Electoral Law, Art. 1: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/20
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration h . Other
Comments: h) Guardianship; Those that have been deprived of the right to vote by criminal conviction
Source: Constitution, Art. 53
Verified: 2015/06/05
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments: Article 9:
Every year, during the first half of March, the municipal council (collège des bourgmestre et échevins) publishes an official notice inviting citizens to submit proof of eligibility for registration on the electoral lists if they are not already listed. Applications must be submitted by April 1, with a receipt provided.
Source: Electoral law, Art. 9-15: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments:
Source: Electoral law of 18 February 2003, Art. 9-15
Verified: 2015/06/05
VR006
Question: How frequently is the voters register updated?
Answer:
b . Annually
Comments: b) Every year, after the 15th of March
Source: Electoral law of 18 February 2003, Art. 9-15
Verified: 2012/04/23
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
a . Links to national population records e . Appearance by voter at registration office
Comments:
Source: Electoral law of 18 February 2003, Art. 9-15
Verified: 2015/06/05
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
Source: Electoral law, Art. 4,9-17, 89: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) f . Other
Comments: Article 135:
Lists are formed for each constituency by political parties or groups of candidates. Candidates must accept their candidacy in the constituency by signing a declaration.
The candidates can be presented jointly by either:
100 registered voters in the constituency,
A deputy elected in the constituency, either outgoing or currently serving, or
Three elected municipal councilors from one or more municipalities in the constituency.
Each list must be submitted by a representative chosen from and by the list presenters. This representative has all the duties imposed by the law. In the case of presentation by a deputy or three municipal councilors, the representative is designated by the candidates, either from the list or from the elected officials presenting the list.
The list must include the name, surname, profession, and domicile of each candidate and presenter separately. A candidate or presenter can appear on only one list in the same constituency. No one can be a candidate in more than one constituency.
If a candidate's eligibility is in question due to past convictions, the president of the main constituency office will urgently verify the eligibility with the public prosecutor. If the candidate is found ineligible, the president will remove them from the list.
A list cannot contain more candidates than the number of deputies to be elected in the constituency. Any single candidacy is considered as a list in itself.
Every list must have a name. If multiple lists have the same name, the representatives are asked to make necessary distinctions. If they fail to do so, the president of the main constituency office will assign a letter to each list based on the order of their submission.
Source: Electoral law, Art. 135: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
h . Not applicable
Comments: Unicameral parliamentary system.
Source: Constitution, Art. 50, 51
Verified: 2015/06/05
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration
Comments: To be eligible, one must:
Be Luxembourgish (a national of Luxembourg);
Enjoy civil and political rights;
Be at least eighteen years old on the day of the election;
Be domiciled in the Grand Duchy of Luxembourg.
Source: Electoral law, Art. 127; https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Constitution, Art. 52: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/21
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
l . Not applicable
Comments: Unicameral parliamentary system.
Source: Constitution, Art. 50, 51
Verified: 2012/04/23
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments:
Source: Royalty
Verified: 2015/06/05
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration o . Other
Comments: o) Adults in guardianship; Citizens that have been deprived from their right to vote by criminal sanction
Source: Electoral law of 18 February 2003, Art. 6, 128;
Constitution, Art. 53
Verified: 2015/06/05
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source: Royalty
Verified: 2015/06/05
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments:
Source: Electoral law, Art. 135: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments:
Source: Electoral law of 18 February 2003, Art. 135
Verified: 2015/06/05
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2015/06/05
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2015/06/05
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: The Political Parties that:
• presented a complete list in the four electoral districts in parliamentary elections and a complete list in the single national constituency in European elections and
• obtained at least two percent of the total votes as in the four constituencies voters for national elections in national average in the national constituency unique for the European elections; are
entitled, apart from the allocation given to them under Chapter IX of the amended electoral law February 18, 2003, at an annual allocation charged to the State budget, determined as follows:
1. a lump sum of 100,000 euros;
2. an additional 11,500 euros for each point percent of the vote
Additional collected in national elections;
3. an additional 11,500 euros for each point percent of the vote
Additional collected during the European elections
Source: Financing of Political Parties, Art. 2; https://legislationline.org/sites/default/files/documents/b9/Lux_Political_parties_Financing_asof2012.pdf
Electoral law, Art. 91, 92, 93: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
b . Between elections
Comments: b) Every month
Source: Law of 21 December 2007 on the funding of political parties, Art. 5;
Electoral law of 18 February 2003, Art. 91, 92, 93
Verified: 2015/06/05
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election c . Based on current legislative representation
Comments: The grant is allocated on the condition that, on the one hand, the party or political group presents full candidate lists in all electoral constituencies for the legislative elections and, on the other hand, a complete candidate list in the single electoral constituency for the European elections.
The political parties that
- presented a full list in the four constituencies during the legislative elections and a full
list in the unique national constituency during European elections and
- obtained at least two percent from the total votes both in the four constituencies for
national elections as a national average and in the unique national constituency for
European elections
are entitled, apart from the contribution that they have been allocated in enforcing
Chapter IX of the law amended on February 18, 2003, to an annual contribution from the
state budget, determined as follows:
1. lump sum of 100,000 Euros ;
2. an additional amount of 11,500 Euros for each percentage point from the additional
votes received during the national elections ;
3. an additional amount of 11,500 Euros for each percentage point from the additional
votes received during the European elections.
In granting the additional amount, each percentage point from the additional votes
received shall be taken into account until the second position behind the comma.
The contribution, determined as per the previous paragraphs, cannot exceed 75 percent
of the global revenue of the central structure of a political party. It is for the respective
political party to demonstrate the burden of proof.
If a political party no longer meets the terms stipulated in paragraph 1, it shall lose the
benefit of public financing starting with the subsequent financial year.
Source: Financing of Political Parties, Art. 2; https://legislationline.org/sites/default/files/documents/b9/Lux_Political_parties_Financing_asof2012.pdf
Electoral law, Art. 93: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments:
Source: Law of 21 December 2007 on the funding of political parties, Art. 5;
Electoral law of 18 February 2003, Art. 91, 92, 93
Verified: 2015/06/05
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Art. 8. Only the natural persons are authorized to make donations to political parties and
to their members. We understand a donation to a political party in the sense of this law to
be any voluntary act to grant a party an exact economic advantage and computable in cash.
The donations coming from a legal entity are not allowed. The same is applicable to
donations made by associations, groups or bodies that do not have a legal personality.
Anonymous donations are forbidden.
Art. 9. The identity of the natural persons who make a donation, irrespective of the form
of the donation, to political parties and to their members is registered by the beneficiary.
Any member of a party must declare to the competent national body the donors and the
donations received by the party, regardless of its statutory autonomy.
Political parties shall keep a record of donors indicating the annual donations in cash and
the evaluation of gifts in kind exceeding euro 250.
The statement of yearly donations in cash and in kind exceeding euro 250 shall be
presented annually, jointly with the accounts and balances, to the Prime Minister, the
Minister of State and a copy to the President of the Chamber of Deputies, according to the
provisions of article 6.
Art. 10. Payments made personally by representatives to their political party or its
components from their remuneration or allowances received as political representatives
shall not be considered as donations, on condition that they do not exceed the amounts
established by the political parties or their members in their internal regulations.
Payments exceeding such amounts are considered donations.
Source: Financing of Political Parties, Art. 7-10; https://legislationline.org/sites/default/files/documents/b9/Lux_Political_parties_Financing_asof2012.pdf
Verified: 2024/11/21
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
b . Between elections
Comments:
Source: Law of 21 December 2007 on the funding of political parties, Art. 8, 9, 10
Verified: 2012/04/23
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure i . Other
Comments: i) Political parties can receive funding only by natural persons
Prohibition of anonymous donations
Source: Law of 21 December 2007 on the funding of political parties, Art. 8-17
Verified: 2015/06/05
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
d . Other
Comments: The Court of Auditors
Source: Law of 21 December 2007 on the funding of political parties, Art. 14, 15, 16
Verified: 2015/06/05
Vote Counting
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments:
Source:
Verified: 2015/06/05
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments:
Source:
Verified: 2015/06/05
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments:
Source: Electoral law, Art. 144: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/20
VC005
Question: What procedures are used in the initial count?
Answer(s):
b . Preliminary count of all ballots in ballot box
Comments:
Source: Electoral law of 18 February 2003, Art. 144 - 149
Verified: 2015/06/05
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
f . Other
Comments: Communal level
Source: Electoral law of 18 February 2003, Art. 152
Verified: 2015/06/05
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
h . Other
Comments: Mail
Source: Electoral law of 18 February 2003, Art. 153
Verified: 2015/06/05
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
e . Court order
Comments: Any voter may file an appeal with the Administrative Court against the election that took place in their municipality. The appeal must be filed within five days from the date of the proclamation of the result, under penalty of being time-barred.
Source: Electoral law, Art. 276-278: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/20
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2012/04/23
Media and Elections
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned d . Owned by political parties
Comments:
Source: http://www.sgi-network.org/pdf/SGI09_Luxembourg_Poirier.pdf
Verified: 2012/04/26
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
a . Government
Comments: The Government, upon proposal of the Minister responsible for the media and after consulting the Independent Broadcasting Authority, grants licenses to private broadcasters.
Source: Law of 27 July 1991 on electronic media, as amended, Art. 12(1);
Regulation of 17 March 1993 regulating the procedure for granting permissions for television programs, Art. 1
Verified: 2012/04/26
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: During election campaigns, the information and press service of the government provides the political parties with airtime and the opportunity to broadcast radio and television advertisements.
Source: https://www.sgi-network.org/2022/Robust_Democracy/Quality_of_Democracy/Electoral_Processes/Media_Access
Verified: 2024/11/21
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments:
Source: https://today.rtl.lu/news/luxembourg/a/2114700.html
https://voltluxembourg.org/news/philippe-schannes-in-a-round-table-debate-on-rtl-radio
Verified: 2024/11/21
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
f . 10 or more days
Comments: During the month preceding the day of the European, legislative, and municipal elections, as well as during the course of these elections, the publication, dissemination, and commentary of any opinion poll related directly or indirectly to these elections, by any means whatsoever, are prohibited. Those who violate the provisions of this paragraph shall be punished with imprisonment from eight days to one month and a fine of 500 to 12,500 euros.
Source: Electoral law, Art. 97 (2): https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source: Electoral law; https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Financing of Political Parties: https://legislationline.org/sites/default/files/documents/b9/Lux_Political_parties_Financing_asof2012.pdf
Verified: 2024/11/21
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Law on Referendum on a national level; https://legilux.public.lu/eli/etat/leg/loi/2005/02/04/n1/jo
Constitution, Art. 51(7), 114: https://www.constituteproject.org/constitution/Luxembourg_2009
Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=130&database_theme=309
Verified: 2024/11/21
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Law on Referendum on a national level; https://legilux.public.lu/eli/etat/leg/loi/2005/02/04/n1/jo
Constitution, Art. 51(7), 114: https://www.constituteproject.org/constitution/Luxembourg_2009
Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=130&database_theme=309
Verified: 2024/11/21
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Law on Referendum on a national level; https://legilux.public.lu/eli/etat/leg/loi/2005/02/04/n1/jo
Constitution, Art. 51(7), 114: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/21
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: Any revision of the Constitution must be adopted in the same terms by the Chamber of Deputies in two successive votes, separated by an interval of at least three months.
No revision will be adopted if it has not obtained at least two-thirds of the votes of the members of the Chamber; votes by proxy will not be admitted.
The text adopted in the first reading by the Chamber of Deputies is submitted to a referendum, which substitutes for the second vote of the Chamber, if in the two months following the first vote demand for it is made, either by more than a quarter of the members of the Chamber, or by twenty-five thousand electors inscribed in the electoral lists for legislative elections. The revision can only be adopted if it receives the majority of the valid suffrage expressed. The law governs the modalities of organization of the referendum.
Source: Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=130&database_theme=309
Constitution, Art. 114: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/21
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=130&database_theme=309
Constitution: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/21
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source:
Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=130&database_theme=309
Constitution: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/21
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/12/30
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments:
Source: Law of 4 February 2005 regulating referendums on national level;
Constitution, Art. 51(7), 114
Verified: 2012/04/26
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/12/30
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/12/30
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/12/30
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: No revision will be adopted if it has not obtained at least two-thirds of the votes of the members of the Chamber; votes by proxy will not be admitted.
The text adopted in the first reading by the Chamber of Deputies is submitted to a referendum, which substitutes for the second vote of the Chamber, if in the two months following the first vote demand for it is made[,] either by more than a quarter of the members of the Chamber, or by twenty-five thousand electors inscribed in the electoral lists for legislative elections. The revision can only be adopted if it receives the majority of the valid suffrage expressed. The law governs the modalities of organization of the referendum.
Source: Constitution, Art. 114: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/21
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Law on Referendum on a national level; https://legilux.public.lu/eli/etat/leg/loi/2005/02/04/n1/jo
Constitution, Art. 114: https://www.constituteproject.org/constitution/Luxembourg_2009
Verified: 2024/11/21
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source: Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=130&database_theme=309
Verified: 2024/11/21
Voting Operations
VO002
Question: Is there a code of conduct for election officials?
Answer:
b . No
Comments:
Source:
Verified: 2012/04/23
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments:
Source: Electoral law, Art. 143(1): https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
Comments: The following individuals may also be eligible to vote by correspondence in legislative elections:
a) Voters who, for duly justified professional or personal reasons, are unable to appear in person at their assigned polling station;
b) Luxembourgers residing abroad.
Source: Electoral law, Art. 1(2), 168: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
e . By mail
Comments: Article 169
Any voter admitted to vote by correspondence under the above provisions must notify the municipal council (Collège des bourgmestre et échevins) of their municipality of registration and request their invitation to vote via a simple letter.
The municipality of registration in Luxembourg is defined as:
The municipality of residence;
If not applicable, the municipality of the last residence;
If not applicable, the municipality of birth;
If none of these apply, the City of Luxembourg.
Article 170
The request must be made on plain paper or a pre-printed form obtainable from the local municipal administration. It must include:
The voter’s name, first name(s), date and place of birth, profession, and residence;
The address where the invitation to vote should be sent.
For voters residing abroad, a certified copy of their valid passport must be attached to the request.
The applicant must declare in writing, under oath, that they have not been deprived of their voting rights under Article 52 of the Constitution or Article 6 of the Electoral Law.
Source: Electoral law, Art. 168-170 and 181: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments:
Source: Electoral law of 18 February 2003, Art. 168-181
Verified: 2015/06/05
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
b . By mail
Comments:
Source: Electoral law of 18 February 2003, Art. 168-181
Verified: 2015/06/05
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
f . Other
Comments:
Source: Electoral law of 18 February 2003, Art. 168
Verified: 2015/06/05
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments:
Source: Electoral law of 18 February 2003, Art. 55
Verified: 2015/06/05
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: A voter who, using a pencil, pen, ballpoint pen, or a similar instrument, fills in the white circle in the box at the top of a list or marks it with a cross (+ or x) endorses the entire list. This action assigns one vote to each candidate on that list.
Each cross (+ or x) marked in one of the boxes next to the names of the candidates counts as one vote for that candidate.
Any circle that is even partially filled, and any cross, even imperfect, is considered a valid vote unless it is evident that the voter intended to make the ballot identifiable.
Source: Electoral law, Art. 143: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
Verified: 2024/11/21
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