Luxembourg

Legal tradition

Luxembourg belongs to the civil law tradition. A small Napoleonic civil-law jurisdiction with outsized importance in financial and EU law, being the seat of the Court of Justice of the European Union. Legislation is drafted in French while proceedings and administration move between French, German and Luxembourgish. A comprehensively revised constitution entered into force on 1 July 2023, restating the Grand Duke’s role in modern terms.

How power is divided

A unitary state with communes as the only subordinate tier. Like France and Belgium it maintains a dual judicial structure: ordinary courts under the Cour de cassation and a separate administrative order under the Cour administrative, with the Constitutional Court resolving conflicts between them.

Where law comes from

Constitution

The 1868 text as comprehensively revised with effect from 1 July 2023.

EU law and treaties

Directly effective and prevail over domestic statute.

Statutes (lois)

Voted by the unicameral Chamber of Deputies.

Grand-ducal regulations

Règlements grand-ducaux, the principal form of implementing legislation.

Codes

Civil, commercial, penal and procedural codes of French inspiration.

Case law

Persuasive rather than formally binding; heavily influenced by Belgian and French doctrine.

The legal profession

Avocats are admitted to the Bar of Luxembourg or of Diekirch after a law degree, the complementary course in Luxembourg law and a two-year traineeship, and are listed on List I or List II depending on the right to appear. Working knowledge of French, German and Luxembourgish is required for admission. Notaries form a separate numerus clausus profession.