National courts and other non-judicial bodies

Luxembourg

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Luxembourg

National Courts

Fundamental rights are enshrined in international texts such as the European Convention on Human Rights and United Nations conventions, as well as in Luxembourg’s Constitution and the Charter of Fundamental Rights of the European Union for matters relating to European law.

The fundamental rights enshrined in these legal texts may be invoked before any national court: criminal, civil, commercial or administrative.

It should be noted that infringements of fundamental rights may be punished through judgments handed down by national courts, either criminal or civil, or in relevant cases by commercial or administrative courts.

https://justice.public.lu/fr.html

http://www.justice.public.lu/fr/annuaire/index.html

Ombudsman

Ombudsman

The Ombudsman is attached to the Parliament (Chambre des députés) and does not receive instructions from any other authority in the course of his or her work.

The Ombudsman’s task is to receive complaints made by natural persons or private legal entities on a matter concerning them that relate to the functioning of the State and local authorities, and public establishments for which the State and local authorities are responsible, excluding their industrial, financial and commercial activities. In this context, he or she may receive complaints that are directly or indirectly related to human rights.

Any natural person or private legal entity that believes that, in a matter concerning them, an authority listed in the previous paragraph did not operate in accordance with its role or infringed the conventions, laws or regulations in force may, through an individual written complaint or an oral statement to the Ombudsman’s secretariat, ask for the matter to be brought to the attention of the Ombudsman.

The complaint may only be made once the appropriate administrative steps have been completed with the bodies concerned to have the matter resolved.

Making a complaint to the Ombudsman does not suspend the time period allowed for other proceedings, especially those made before the competent courts.

The Ombudsman may not intervene in cases before courts or question the soundness of a court’s ruling. However, in the event of failure to enforce a decision with the force of res judicata, he or she can order the body in question to comply with the decision within a time period that he or she establishes.

The complaint must relate to a specific matter concerning the person making the complaint. Complaints cannot relate to the functioning of the administration in general.

If the Ombudsman believes that a complaint is justified, he or she will advise the complainant and the administration, and will put forward all the recommendations regarding the service in question and the complainant that he or she believes will allow an amicable settlement of the complaint. These recommendations may include proposals for improving the way in which the service operates.

If the Ombudsman believes that, in relation to a complaint he or she receives, application of the contested decision leads to an injustice, he may recommend to the service in question, in accordance with the relevant legislation and regulations, any solution that allows the complainant’s situation to be resolved fairly, and suggest any changes that he considers should be made to the legislation or regulations on which the decision is based.

A decision by the Ombudsman not to follow up a complaint cannot be appealed in court.

Ombudsman

36, rue du Marché-aux-Herbes
L-1728 Luxembourg

Tel.:   (+352) 26 27 01 01
Fax: (+352) 26 27 01 02

Website: http://www.ombudsman.lu/
E-mail: info@ombudsman.lu

Special human rights bodies

Consultative Commission on Human Rights (Commission consultative des droits de l'Homme)

The Consultative Commission on Human Rights (CCDH) is a government advisory body responsible for promoting and protecting human rights in the Grand Duchy of Luxembourg. With this purpose in mind, it provides the government with opinions, studies, position papers and recommendations, which it draws up entirely independently, on all issues of general import concerning human rights in the Grand Duchy of Luxembourg. In its opinions it draws the government’s attention to the measures that it believes will help to protect and promote human rights. The Prime Minister takes the Committee’s opinions, studies, position papers and recommendations to Parliament.

It is a purely advisory government body that has no decision-making powers.

The CCDH does not have any authority to deal with individual cases.

In its work the CCDH:

  • freely examines any issue that falls within its remit, whether it be submitted by the government or taken on by the committee itself on the basis of a proposal by one of its members or any person or organisation;
  • hears from individuals and receives any relevant information or documents required to assess situations that fall within its remit;
  • addresses the public either directly or through the press, in particular to publicise its opinions and recommendations;
  • maintains dialogue with other bodies, both judicial and non-judicial, the purpose of which is to promote and protect human rights.

Consultative Commission on Human Rights (Commission consultative des droits de l'Homme)

71-73, rue Adolphe Fischer
L-1520 Luxembourg

Tel.: (+352) 26 20 28 52
Fax: (+352) 26 20 28 55

Website: https://ccdh.public.lu/
E-mail: info@ccdh.public.lu

Committee for Children’s Rights (Comité luxembourgeois des droits de l’enfant), known as the Ombudscomité fir d’Rechter vum Kand (ORK)

The members of the ORK act in complete neutrality and independence in carrying out their tasks.

In its work the ORK can, in particular:

  • analyse the mechanisms established to protect and promote children’s rights, in order to recommend the necessary adaptations to the relevant authorities, where necessary;
  • issue an opinion on laws and regulations as well as draft legislation concerning children’s rights;
  • provide information on the situation for children and ensure that the Convention on the Rights of the Child is applied; submit an annual report to the government and Parliament on the situation of children’s rights and on its own activities;
  • promote the development of free expression for children and their active participation in the issues concerning them;
  • examine situations in which children’s rights are not respected and put forward recommendations to rectify these situations;
  • receive information and complaints regarding infringements of children’s rights and, to this end, hear from any child who asks to be heard, under arrangements to be determined by it;
  • present, on the basis of information or complaints, or on specific cases investigated by it, recommendations or advice to ensure better protection of the rights and interests of children.

In the context of its work, information concerning individual situations or cases is confidential. This confidentiality does not prevent the ORK from providing the competent judicial authorities with any information that could prevent harm to the best interests of a child.

The members of the ORK conduct their work without intervening in ongoing judicial proceedings.

As part of their work and within the limits defined by the law and regulations, the members of the ORK can freely access all buildings belonging to public or private bodies that host children, with or without accommodation, or provide consultation, assistance, guidance, education or entertainment for children.

The members of the ORK have the right to ask for any information, evidence or document, with the exception of those covered by doctor-patient confidentiality or any other professional secrecy rules.

Ombuds-comité fir d'Rechter vum Kand (ORK)

2, rue Fort Wallis
L-2714 Luxembourg

Tel.:  (+352) 26 123 124
Fax: (+352) 26 123 125

Website: http://ork.lu/index.php/en/

Centre for Equal Treatment:

The Centre for Equal Treatment, which conducts its work entirely independently, aims to promote, analyse and monitor the equal treatment of all people without discrimination based on race, ethnic origin, gender, religion or convictions, disability or age.

In its work the Centre can, in particular:

  • publish reports, issue opinions and recommendations, and conduct studies on all issues connected with the aforementioned types of discrimination;
  • produce and supply any information and useful documentation as part of its duties;
  • provide help to people who believe themselves to be the victims of discrimination under Article 1 of the Law on Equal Treatment of 28 November 2006 by providing them with advice and guidance concerning their individual rights, legislation, case‑law and the means of exercising their rights.

Information concerning individual situations or cases of which members become aware in the course of their work are confidential. This confidentiality does not prevent the centre from providing the competent judicial authorities with any information regarding discrimination against the victim under Article 1 of the Law on Equal Treatment of 28 November 2006.

The members of the Centre cannot intervene in ongoing judicial proceedings in the course of their work.

The members of the Centre have the right to ask for any information, evidence or document that they need to carry out their work, with the exception of information covered by doctor‑patient confidentiality or any other professional secrecy rules.

Centre for Equal Treatment:

B.P. 2026
L-1020 Luxembourg

Tel.: (+352) 26 48 30 33
Fax: (+352) 26 48 38 73

Website: http://cet.lu/fr/
E-mail: info@cet.lu

National Commission for Data Protection

National Commission for Data Protection (Commission nationale pour la protection des données) The National Commission for Data Protection is a public authority set up as a public institution.

It carries out its tasks entirely independently. Every year it presents a written report on its work to the cabinet.

The Commission’s role is to:

  • monitor and verify the legality of the collection and use of processed data, and inform those responsible for processing it of their obligations;
  • ensure that people’s fundamental rights and freedoms are respected, in particular their privacy, and inform the public about the rights of those concerned;
  • receive and examine complaints and requests to verify the legality of data processing;
  • advise the government, either at its request or at the Commission’s own initiative, on the consequences of developments in data processing and information technologies as regards respect for fundamental rights and freedoms; for this purpose, it may carry out studies, surveys or expert assessments.

The Commission is also responsible for ensuring the application of the amended Law of 30 May 2005 on the protection of privacy in the electronic communications sector and its implementing rules.

Any person, acting on their own behalf, through their lawyer or through any duly authorised natural or legal person may submit to the Commission a request concerning respect for their fundamental rights and freedoms as regards data processing. The person concerned will be informed of the follow-up to their request.

A request may, in particular, be submitted to the Commission by a person seeking verification of the legality of the processing of personal data if their right of access has been refused or limited.

The Commission informs the judicial authorities of any infringements of which it is aware.

National Commission for Data Protection

1, avenue du Rock’n’Roll
L-4361 Esch-sur-Alzette

Tel.: (+352) 26 10 60 -1
Fax.: (+352) 26 10 60 - 29

Website: https://cnpd.public.lu/fr/index.html

Luxembourg Reception and Integration Agency (Office luxembourgeois de l'accueil et de l'intégration (OLAI))

The role of the Luxembourg Reception and Integration Agency is to organise the reception of new arrivals from abroad, and to facilitate the integration process for foreigners by implementing and coordinating, jointly with local authorities and civil society actors, the reception and integration policy, an essential element of which is combating discrimination. It also organises social assistance for foreigners who are not entitled to existing assistance or benefits and for those seeking international protection.

As part of its work the Office collaborates with EU and international bodies, and with bodies in the foreigners’ countries of origin.

The Office is responsible for drawing up, in consultation with the Inter-Ministerial Committee on Integration, a draft multiannual national action plan for integration and the fight against discrimination, identifying the main strategic areas for intervention and the ongoing and future political measures.

The minister submits the draft plan to the government for approval.

The government will present a global strategy and determine the target measures for integration and the fight against discrimination.

Luxembourg Reception and Integration Agency (Office luxembourgeois de l'accueil et de l'intégration (OLAI))

7,-9, avenue Victor Hugo
L-1750 Luxembourg

Tel.: (+352) 247-85700

Website: http://www.olai.public.lu/fr/index.html
E-mail: info@olai.public.lu

Access to justice

Judicial information service (Service d’accueil et d’information juridique)

This service, established at the courts, falls under the authority of the State public prosecutor (procureur général d’Etat). Its purpose is to answer the queries of private individuals and provide them with general information on the scope of their rights, and on the channels and resources to use to protect them.

The service’s role is to:

  • answer the queries of private individuals and direct them towards the appropriate departments, giving them the information and technical resources that they need;
  • provide private individuals with general information on the scope of their rights in relation to the problems raised, and on the channels and resources for exercising those rights;
  • listen to their grievances regarding the difficulties they have encountered in exercising their rights and suggest ways of overcoming them.

The service only provides information orally. It does not provide any written consultations.

Judicial information service - Luxembourg

Cité judiciaire
Bâtiment BC
L-2080 - Luxembourg

Tel.: (+352) 22 18 46

Judicial information service - Diekirch

Justice de paix
Place Joseph Bech
L-9211 - Diekirch

Tel.: (+352) 80 23 15

Judicial information service - Esch sur Alzette

Justice de paix
Place Norbert Metz
L-4239 - Esch-sur-Alzette

Tel.: (+352) 54 15 52

Legal aid

Legal aid may be granted for judicial and extra-judicial proceedings, for contentious and non‑contentious proceedings, for the plaintiff or for the defence. In order to receive legal aid, the person claiming it needs to have insufficient resources, i.e. equivalent of the guaranteed minimum income (revenu minimum garanti (RMG)). An assessment is made as to whether the person requiring assistance has insufficient resources based on their income and wealth, and those of the persons living with them in a joint domestic situation.

Legal aid is refused to persons bringing an action which appears to be manifestly inadmissible, without merit or unreasonable or whose aim seems disproportionate in relation to the potential costs.

Legal aid is refused if the applicant is entitled, for whatever reason, to the reimbursement by a third party of sums to be paid by legal aid.

Beneficiaries of legal aid are entitled to the assistance of a lawyer and any law officer whose collaboration is necessitated by the cause, the action, or its enforcement.

The Chairman of the Bar or a member of the Bar Council appointed by the former for the purpose in the applicant’s district of residence decides whether to assign legal aid. For non‑residents the decision is taken by the Chairman of the Luxembourg Bar or a member of the Bar Council appointed by the former for the purpose.

Those with insufficient resources may apply to the Chair either at his or her hearings or in writing.

If a person detained by the police claims entitlement to legal aid and requests it, the lawyer assisting the applicant during their detention submits the application to the Chairman of the Bar.

Website :http://barreau.lu/votre-avocat/assistance-judiciaire/presentation

For the judicial district of Luxembourg

Bâtonnier de l’Ordre des Avocats de Luxembourg
B.P. 361
L-2013 Luxembourg

45, Allée Scheffer, L-2520 Luxembourg

For the judicial district of Diekirch

Bâtonnier de l’Ordre des Avocats de Diekirch
B.P. 68
L-9201 Diekirch

Last update: 05/07/2018

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