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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
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
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
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
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
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
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