8. Council of State

8. Council of State

Since 1959, the Council of State has had its official seat in this listed building in the heart of the upper town near the Fish Market and opposite St Michael’s Church.

The Council of State and the Chamber of Deputies share the legislative powers of the country. The twenty-one members of the Council of State, in contrast to the Members of Parliament, are not elected by the people, but are nominated by the Government and appointed by the Grand Duke.

The Council of State’s main function is to advise the government and Members of the Chamber of Deputies and to draw up reports on all proposed legal texts voted by Parliament. In addition, it screens changes of regulations and decrees to their constitutional legality. It is only after the Council of State’s approval that a law comes into force.

The Council of State is therefore an independent legislative organ. Its function is to guard the fundamental principles of the Luxembourg state and thus protect its citizens from arbitrariness and despotism.

The Council of State’s role has fundamentally changed since it was created as a second chamber in 1856. It was above all conceived as an instrument of power for the authoritarian King-Grand Duke Wilhelm III who planned to use its help to constrain the Chamber of Deputies and thus the people.

It was only after the constitutional reform of 1868 that the principle of a parliamentary monarchy and the clear separation of powers, the underpinning of every democratic system, were introduced. The Council of State’s task was no longer to monitor for an absolute Monarch, but to do this for the benefit of the nation and its citizens.

The reform of 1961 set the conditions necessary for the possible nominee to become a member of the Council of State. A minimum of eleven council members must be in possession of a university law degree.

In 2017, the last fundamental reform regulating the composition of the Council of State came into force. This was to guarantee that the political parties which had obtained at least three seats in the Chamber of Deputies in the last two elections are represented in the Council of State. In addition, a balanced representation of male and female representatives was to be ensured. The number of the underrepresented gender should not be less than seven. The Grand Duke appoints the members recommended by the government for a mandate now limited to twelve years.

Interesting Detail
Members of the Grand Ducal family can also be mandated by the head of state. The heir to the throne is directly nominated to the Council of State by the Grand Duke without requiring the approval of either the Government or Parliament.

Significance for Human Rights
There is no equivalent political organ that has undergone similar fundamental changes to its political function. Initially conceived as an instrument of power for the authoritarian King, it has become over the passage of time and numerous reforms an essential instrument to protect democracy and the rule of law in Luxembourg.

Article 21
The will of the people shall be the basis of the authority of government.