- In March, the government adopted a new code of conduct for its members as well as for high-ranking officials, covering matters including gifts, lobbying, and conflicts of interest. The new rules are a response to international and internal criticism.
- In January, the government put forward a draft law that aims to protect whistleblowers, as a result of a European Union (EU) directive requiring such protections.
|Was the current head of government or other chief national authority elected through free and fair elections?||4.004 4.004|
The prime minister is the head of government and serves five-year terms. The leader of the majority coalition formed after parliamentary elections is appointed prime minister by the hereditary monarch, the grand duke, whose powers are largely ceremonial.
Incumbent prime minister Xavier Bettel of the Democratic Party (DP) was appointed to form a new government in October 2018 following that month’s parliamentary election. The government was based on the existing coalition of the DP, the Luxembourg Socialist Workers’ Party (LSAP), and the Greens (DG). The election was considered credible.
|Were the current national legislative representatives elected through free and fair elections?||4.004 4.004|
The unicameral legislature, the Chamber of Deputies, consists of 60 members elected to five-year terms by proportional representation. In the October 2018 election, the DP led the ruling coalition parties with 12 seats, followed by the LSAP with 10 and the Green Party with 9. The main opposition party, the Christian Social People’s Party (CSV), won 21 seats. The populist right-wing Alternative Democratic Reform Party (ADR) won 4 seats, while the Pirate Party and the Left each took 2. The contest was generally seen as free and fair.
|Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies?||4.004 4.004|
The electoral laws and framework are considered fair, and they are generally implemented impartially. Voting is compulsory. In 2017, the government passed a law allowing postal ballots for all citizens.
|Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings?||4.004 4.004|
The political system is open to the establishment of new parties, which do not face undue obstacles in their formation or activities. Three parties have traditionally dominated politics: the CSV, historically aligned with the Roman Catholic Church; the LSAP, a center-left party; and the DP, which favors free-market economic policies. Four smaller parties—the Greens, the ADR, the Left, and the Pirate Party—have also won representation. While constituting a party is relatively easy, the structure and size of electoral constituencies favor larger parties.
|Is there a realistic opportunity for the opposition to increase its support or gain power through elections?||4.004 4.004|
The country has a record of peaceful transfers of power between rival parties. Both the DP and the Greens were in the opposition before forming the governing coalition with the LSAP in 2013. The CSV, which had played a leading role in most governments since 1945, was forced into opposition in 2013 for the first time since 1979, and it remained out of government following the 2018 election.
|Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means?||4.004 4.004|
Citizens are generally able to make political choices without undue interference from any democratically unaccountable groups. However, close links between the country’s financial center and its law-making elites are regularly topics of concern for the opposition and outside observers.
|Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities?||4.004 4.004|
Women engage actively in politics, and the government has taken measures to encourage greater participation. A 2016 law mandates that at least 40 percent of each party’s electoral candidates be women; parties risk losing a portion of their public financing if they do not meet the quota. However, only 21 women hold seats in the Chamber of Deputies, making up 35 percent of the body. Citizens who belong to ethnic minorities and LGBT+ people enjoy full political rights and are free to participate in practice. In 2013, Bettel became the nation’s first openly gay prime minister.
About 49 percent of the population consists of foreign nationals, most of whom are citizens of other EU member states, with Portugal accounting for the largest single contingent. The law allows naturalization and dual nationality, and children automatically gain citizenship when a parent is naturalized. Foreign residents are entitled to vote in municipal elections and EU foreigners can participate in EU elections. In September 2021, the government abolished a five-year residency requirement for voting in municipal elections; however, foreign residents are excluded from participating in national elections. Notably, politicians of foreign origin remain rare in Luxembourg, despite the background of nearly half the population.
|Do the freely elected head of government and national legislative representatives determine the policies of the government?||4.004 4.004|
The prime minister, cabinet, and parliament determine and implement the government’s policies without improper interference from unelected entities.
|Are safeguards against official corruption strong and effective?||3.003 4.004|
Corruption is not widespread in Luxembourg, and allegations of corruption are generally investigated and prosecuted. However, the Council of Europe’s Group of States against Corruption (GRECO) has previously criticized the government for failing to develop a comprehensive strategy to prevent graft. In December 2021 and March 2022, new transparency and accountability rules were adopted regarding potential conflicts of interest for members of the government and members of parliament. New measures include regulations for government and other officials on gifts, lobbying, and revolving-door career moves.
In January 2022, the government put forward a draft law for protecting whistleblowers based on a 2019 EU directive requiring such protections. The draft measure had not yet become law by the end of 2022.
|Does the government operate with openness and transparency?||3.003 4.004|
While the legislative process and government operations are largely transparent, there is no comprehensive freedom of information law in place, and the media and civil society groups often have difficulty obtaining official information in practice. Cabinet members are obligated to disclose any shares in companies that they own, but there are no penalties for those who do not cooperate.
Historically, regulations governing interactions between lobbyists and high-level government officials have been considered weak. A newly established transparency register for members of parliament, created by law in December 2021, remains flawed. Moreover, following a November 2022 ruling of the European Court of Justice (ECJ), the government decided to suspend public access to the central register of corporations’ ultimate beneficial owners (UBOs). After criticism from transparency advocates and members of the press—who have used the registry for investigations on tax avoidance and money laundering—the government promised renewed access, albeit in a more limited form.
In June 2022, after years of complaints by journalists’ organizations, the government eased its rules on access to information. However, according to the same organizations, the new rules still did not provide adequate access and did not carry the weight of a change to the nation’s laws.
|Are there free and independent media?||4.004 4.004|
Freedom of the press is guaranteed by the constitution and generally respected in practice. Luxembourg’s media market is regulated by the Independent Luxembourg Broadcasting Authority (ALIA). A single conglomerate, RTL Télé Lëtzebuerg (RTL), dominates broadcast radio and television, though numerous print, online, and foreign news sources are also available and present a broad range of views. Internet access is not restricted.
The written press has historically tended to align with traditional parties. In 2020, the Belgian conglomerate Mediahuis purchased the Saint-Paul group, the owner of the country’s larget daily newspaper, the Luxemburger Wort.
|Are individuals free to practice and express their religious faith or nonbelief in public and private?||4.004 4.004|
Freedom of religion is largely respected in practice. The state has historically paid the salaries of clergy from a variety of Christian groups, but a 2016 law ended the practice for all clergy hired after that point. Under the law, the government continued to provide some funding to six major recognized religious communities, including the Muslim community, based on their size. Religious instruction in secondary and primary schools was phased out in 2016 and 2017. In 2018, the parliament adopted legislation that banned face coverings in schools, medical facilities, public buildings, public transport, and retirement homes. The law was widely understood to be aimed at Muslims, though the wearing of such garments is extremely rare in the country.
|Is there academic freedom, and is the educational system free from extensive political indoctrination?||4.004 4.004|
Academic freedom is generally respected in practice.
|Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution?||4.004 4.004|
Freedom of expression is largely respected, and individuals can voice their political views without fear of retribution.
|Is there freedom of assembly?||4.004 4.004|
Freedom of assembly is guaranteed by the constitution and generally respected in practice.
|Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work?||4.004 4.004|
Nongovernmental organizations (NGOs) are largely free to operate without any undue restrictions.
|Is there freedom for trade unions and similar professional or labor organizations?||4.004 4.004|
Workers are free to organize in trade unions and bargain collectively. The right to strike is guaranteed once conciliation procedures are formally exhausted. Employers are subject to penalties for antiunion discrimination.
|Is there an independent judiciary?||4.004 4.004|
Judicial independence is generally upheld. Judges are appointed by the grand duke and cannot be removed arbitrarily.
Parliament finished discussions in December 2022 regarding a constitutional amendment that strengthens the independence of the judiciary by establishing a Council of Justice. The council will be competent to nominate candidates for all judicial posts prior to their formal appointment by the executive and grand duke. The reform will take effect in 2023.
|Does due process prevail in civil and criminal matters?||4.004 4.004|
Due process is largely upheld in civil and criminal matters. Defendants have the right to a fair and public trial, and this right is generally respected. Police typically observe safeguards against arbitrary arrest and detention.
|Is there protection from the illegitimate use of physical force and freedom from war and insurgencies?||4.004 4.004|
There are no major threats to civilians’ physical security. Prison conditions and protections against the illegitimate use of force are adequate, and violent crime is rare.
|Do laws, policies, and practices guarantee equal treatment of various segments of the population?||3.003 4.004|
Discrimination on the basis of race, religion, disability, age, sex, gender identity, or sexual orientation is prohibited by law. The rights of LGBT+ people are generally respected.
Women have benefited from reductions in the gender pay gap and an increase in their labor participation rate in recent years, though women still hold significantly fewer senior positions than men.
The Luxembourg government has instituted an onerous language requirement for those seeking public sector jobs and employment. Individuals in the public sector must speak German, French, and Luxembourgish fluently. However, very few official documents are in Luxembourgish, and exceptions to this requirement are made for high-level positions due to a lack of qualified candidates. The requirement funnels citizens into public sector positions, which are lucrative and secure, pushing immigrant workers into the unstable private sector in which there are other barriers to entry. Moreover, discrimination in the education system limits somewhat the economic potential of nonnationals.
|Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education?||4.004 4.004|
Individuals generally enjoy freedom of movement, and there are no significant restrictions on their ability to change their place of residence, employment, or institution of higher education.
|Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors?||4.004 4.004|
The rights to own property and operate private businesses are legally protected and respected in practice.
|Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance?||4.004 4.004|
Individual freedoms on issues such as marriage and divorce are generally guaranteed. Same-sex marriage has been legal since 2014, and same-sex couples have full adoption rights. Abortions are legal on request within the first trimester of pregnancy; later abortions require two doctors to determine that the pregnancy threatens the pregnant person’s life or health. The authorities generally uphold laws and practices meant to address rape and domestic violence.
|Do individuals enjoy equality of opportunity and freedom from economic exploitation?||4.004 4.004|
The country’s residents largely enjoy equality of opportunity, and the government enforces legal protections against exploitative working conditions. Occasional cases of forced labor in the construction and food-service industries have been reported, especially among migrant workers.
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Global Freedom Score97 100 free