Luxembourg | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

No specific provisions

2. Provisions concerning International Treaties

Art. 49bis The exercise of the powers reserved by the Constitution to the legislature, executive, and judiciary may be temporarily vested by treaty in institutions governed by international law.

Art. 37 (1) The Grand Duke concludes treaties. These do not come into effect until they have been sanctioned by law and published in the manner laid down for the publication of laws.

(2) The treaties referred to in Chapter III, Section 4, Article 49a, are sanctioned by a law voted under the conditions laid down in Article 114 (5).

(3) Secret treaties are abolished.

(4) The Grand Duke enacts the regulations and orders necessary for carrying the treaties into effect in accordance with the procedure governing measures for the execution of laws and with the effects attaching to such measures, without prejudice to matters reserved to the law by the Constitution.

(5) No cession, exchange, or adjunction of territory is effected except pursuant to a law.

(6) The Grand Duke commands the armed force; he declares war and the cessation of hostilities after having been authorized by a vote in the Chamber taken under the conditions laid down in Article 114 (5).

Art. 95ter (2) The Constitutional Court is seized, in a prejudicial manner, pursuant to the modalities to be determined by the law, by any court to decide on the conformity of the laws, save the laws approving treaties , to the Constitution.

3. Provisions concerning constitutional reform

Art. 114 (1) The legislature has the right to declare the need to amend any constitutional provision it specifies.

(2) Following such declaration, the Chamber automatically dissolves.

(3) A new Chamber convenes in accordance with Article 74 .

(4) This Chamber decides, by common consent with the Grand Duke, on the points to be amended.

(5) In such a case, the Chamber shall not proceed to the vote unless at least three-quarters of its members are present, and no amendment may be adopted unless it is backed by at least two-thirds of the votes.

Art. 115 During a regency, no amendment can be made to the Constitution concerning the constitutional prerogatives of the Grand Duke, his status as well as the order of succession.

4. Provisions concerning referendums

Art. 51 (1) The Grand Duchy of Luxembourg is ruled by a system of parliamentary democracy.

(2) The organization of the Chamber is regulated by law.

(3) The Chamber is composed of 60 deputies. A law passed under the provisions of Article 114 (5) sets the number of deputies to be elected in each of the constituencies.

(4) The election is direct.

(5) Deputies are elected by straightforward universal suffrage on the party-list system, in accordance with the rules of proportional representation, the principle of the smallest electoral quota, and the rules to be determined by the law.

(6) The country is divided into four electoral districts: the South (Esch/Alzette and Capellen), the Center (Luxembourg and Mersch), the North (Diekirch, Redange, Wiltz, Clervaux and Vianden) and the East (Grevenmacher, Remich and Echternach).

(7) The electors may be requested to pronounce themselves by way of a referendum in cases and under conditions to be determined by law.