EUROPAM

European Public Accountability Mechanisms

Luxembourg

Country score (European Average*)
  • 56(66) Political Financing
  • 36(50) Financial Disclosure
  • 35(40) Conflict of Interest
  • 5(56) Freedom of Information
  • 78(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)45986.99
Population, total582972.00
Urban population (% of total)90.43
Internet users (per 100 people)97.49
Life expectancy at birth (years)82.23
Mean years of schooling (years)12
Global Competitiveness Index5.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Financing of Political Parties Act (2007, amended 2011) and the Election Law 2003 (amended 2015) are the main laws regulating the financing of political parties in Luxembourg.

There are some limits on the private income of political parties. There are no restrictions on donations from foreign interest. There are bans on donations from corporations, trade unions and anonymous donors. There are no limits on the amount that can be donated.

Public funding is available for political parties and is allocated according to the share of votes in the previous election and the number of candidates. There are specific rules regarding how public funding can be used and those rules permit funding to be used for campaign spending and ongoing party activities Indirect funding in the form of postage costs is available.

Aside from bans on vote buying, there are few spending regulations. There are no bans on state resources being used in favour or against a political party or candidate and there are no limits on spending.

Parties are required to provide accounts annually which include information on finances in relation to election campaigns which must be made public and reveal the identity of donors. Accounts are overseen by the Court of Accounts. Sanctions for breaches of provisions of the law are the loss of public funding, forfeiture and criminal law sanctions.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income67676767
Public funding50505050
Regulations on spending25252525
Reporting, oversight and sanctions83838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Art. 8. Only the natural persons are authorized to make donations to political parties and to their members. The donations coming from a legal entity are not allowed. The same is applicable to donations made by associations, groups or bodies that do not have a legal personality. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on corporate donations to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on donations from corporations with government contracts to political parties? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on donations from corporations with government contracts to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011 )
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))
Is there a ban on donations from Trade Unions to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Anonymous donations are forbidden. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))
Is there a ban on anonymous donations to candidates? Yes. Anonymous donations are forbidden. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Art. 8. Only the natural persons are authorized to make donations to political parties and to their members. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))
Is there a ban on any other form of donation? Yes. Donations made by associations, groups or bodies that do not have a legal personality are not allowed. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. The political parties that presented a full list in the four constituencies during the legislative elections and a full list in the unique national constituency during European elections and obtained at least two percent from the total votes both in the four constituencies for national elections as a national average and in the unique national constituency for European elections are entitled, apart from the contribution that they have been allocated in enforcing Chapter IX of the law amended on February 18, 2003, amended 2011, to an annual contribution from the state budget (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates Yes. The political parties that presented a full list in the four constituencies during the legislative elections and a full list in the unique national constituency during European elections and obtained at least two percent from the total votes both in the four constituencies for national elections as a national average and in the unique national constituency for European elections are entitled, apart from the contribution that they have been allocated in enforcing Chapter IX of the law amended on February 18, 2003, amended 2011, to an annual contribution from the state budget (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Equal Yes. determined as follows: 1. lump sum of 100,000 Euros ; (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. 2. an additional amount of 11,500 Euros for each percentage point from the additional votes received during the national elections ; (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 4. electoral expenses; (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 1. operating expenses; (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Earmarking provisions for direct public funding to political parties: Intra-party institution Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 5. contributions to the international organizations and associations ; (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Earmarking provisions for direct public funding to political parties: Other Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 1. operating expenses; 2. expenses with training, studying and research ; 3. expenses regarding events and publications ; 4. electoral expenses; 5. contributions to the international organizations and associations ; 6. amounts granted to other members of the party ; 7. expenses regarding the movable and immovable assets ; 8. various expenses. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost Yes. Free or subsidised postage cost (Loi Electoral, Chapter IX, Article 92, 2003, amended 2015)
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Fine from 251 to 2000 euros and improsonment from 8 hours to one month (Loi Electoral, Article 97, 2003, amended 2015)
Are there bans on state resources being used in favour or against a political party or candidate? No. Funds are earmarked for electoral expenses, see above Art 4 & 13. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Art. 12. The central structure of a political party is obliged to approve every year, before July 1, its accounts for the previous accounting year. The accounting year starts on January 1 and ends on December 31 of every year. The accounts approved by the political party bear all revenues and expenditures as well as its assets and liabilities’ status. (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 12, 2007, amended 2011)
Do political parties have to report on their finances in relation to election campaigns? Yes. The expenditures account includes: 4. electoral expenses; (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 13, 2007, amended 2011)
Do candidates have to report on their campaign finances? Yes. Notwithstanding the legal autonomy, every member of a party without exception must declare to the competent national body the donations that it received. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 11, 2007, amended 2011)
Is information in reports from political parties and/​or candidates to be made public? Yes. This data can be consulted freely by any interested person in the Donors of the Chamber of Deputies that publishes the data on its webpage. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 16, 2007, amended 2011)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Anonymous donations are forbidden. The accounts, as well as the list of donors, are sent to the Court of Accounts to be checked and audited, (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 8 & 12, 2007, amended 2011)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court Yes. Court of Accounts (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 14, 2007, amended 2011)
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Prime Minister, Minister of State and President of the Chamber of Deputies. (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 14, 2007, amended 2011)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. Court of Accounts - The accounts and balances approved as per articles 11, 12 and 13 are submitted on the month that follows their approval by the competent authority of the political party to the Prime Minister, Minister of State and to the President of the Chamber of Deputies that sends them along with the list of donors to the Court of Accounts to be verified and audited. (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 14, 2007, amended 2011)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines No. Absent from legal framework
Sanctions for political finance infractions: Loss of public funding Yes. Art. 7. Non-compliance with the obligations stipulated in the previous article entails the suspension of the payments until the remedy of the situation. This can also include the non-compliance of article 15. ( Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 7, 2007, amended 2011))
Sanctions for political finance infractions: Penal/Criminal Yes. Art. 17. False statements related to article 6 lines 2 and 3 as well as the breach of the provisions of articles 8 and 9 line 3 shall be sanctioned according to the provisions of articles 496-1, 496-2 and 496-3 of the Criminal Code. Article 23 lines (2) and (3) of the Criminal procedure code shall be applied. ( Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 17, 2007, amended 2011))
Sanctions for political finance infractions: Forfeiture Yes. Financial aids improperly used shall be returned to the State Treasury. In case of convictions according to article 17, the concerned political party must pay the State Treasury the triple value of the amounts illegally used. ( Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 7, 2007, amended 2011))
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2017


Legislation

Law on the implementation of political party financing, 2007, amended 2011 (English)pdf
Electoral Code, 2003, amended 2015 (French)pdf

Financial Disclosure

The majority of Luxembourg’s financial disclosure legislation stems from 2014. Close to no obligatory mechanisms were in place before. With this reform, relatively equal rules apply to Ministers, Members of Parliament and Civil servants. The Code of Conduct (2014, amended 2015) which is an annex to the Standing order of deputies, foresees the disclosure of income from outside employment or assets, gifts, private firm ownership and board membership for both Ministers and MPs. The General Statute for Civil servants (2008, last amended 2016) requires the same disclosures from Civil servants, aside from gifts. Additionally, Civil servants must disclose the profession pursued by their spouse or partner. Aside from this, no financial disclosure on behalf of family members is expected from any public official.

While Ministers and MPs face reprimand, temporary exclusion or deprivation of their allowance in the case of non-filling or making false disclosures, no official filling system exists for Civil servants. Depository and enforcement bodies are not independent with the President taking up this role for Ministers and MPs, and the administrative superior for Civil servants. However declarations made by Ministers and MPs are made publicly available on the homepage of the Chamber of Deputies. No such public scrutiny exists for Civil servants. In addition, a consultative committee has been established which provides guidance in interpreting the new Code of Conduct and makes recommendations on appropriate sanctions to the President.

(Note: The Head of State is a monarch and thus exempted from disclosure laws.)


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items27252525
Filing frequency12313131
Sanctions33505050
Monitoring and Oversight25383838
Public access to declarations12383838

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers0535353
Members of Parliament49535353
Civil servants40404040

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Head of state is monarch. Legal provisions do not apply.
Income and Assets
Real estate No. Head of state is monarch. Legal provisions do not apply.
Movable assets No. Head of state is monarch. Legal provisions do not apply.
Cash No. Head of state is monarch. Legal provisions do not apply.
Loans and Debts No. Head of state is monarch. Legal provisions do not apply.
Income from outside employment/assets No. Head of state is monarch. Legal provisions do not apply.
Incompatibilities
Gifts received as a public official No. Head of state is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is monarch. Legal provisions do not apply.
Post-employment No. Head of state is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is monarch. Legal provisions do not apply.
Concurrent employment of family members in public sector No. Head of state is monarch. Legal provisions do not apply.

Filing frequency

Filing required upon taking office No. Head of state is monarch. Legal provisions do not apply.
Filing required upon leaving office No. Head of state is monarch. Legal provisions do not apply.
Filing required annually No. Head of state is monarch. Legal provisions do not apply.
Ad hoc filing required upon change in assets or conflicts of interest No. Head of state is monarch. Legal provisions do not apply.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.

Monitoring and Oversight

Depository body explicitly identified No. Head of state is monarch. Legal provisions do not apply.
Enforcement body explicitly identified No. Head of state is monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying submission No. Head of state is monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying accuracy No. Head of state is monarch. Legal provisions do not apply.

Public access to declarations

Public availability No. Head of state is monarch. Legal provisions do not apply.
Timing of information release specified No. Head of state is monarch. Legal provisions do not apply.
Location(s) of access specified No. Head of state is monarch. Legal provisions do not apply.
Cost of access specified No. Head of state is monarch. Legal provisions do not apply.

Ministers

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. Deputies must declare any regular paid employment exercised next to his functions, either as an employee or self-employed. They must also delcare any occasional renumerated activity of the total renumeration exceeds 5,000 EUR. Income is declared with the help of four categories (5.000-10.000 EUR/year, 1.001 - 50.000 EUR/year, 50.001-100.000 EUR/year, over 100.000 EUR/year. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (2))
Incompatibilities
Gifts received as a public official Yes. Gifts worth over 150 EUR may not be accepted. An offer of a gift over 150 EUR is to be reported to the President (The President reports it to the Bureau.) Gifts by public officials visiting from abroad are exempted. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 6)
Private firm ownership and/or stock holdings Yes. A holding in a company or partnership must be disclosed "where there are potential public policy implications or where that holding gives the member significant influence over the affairs of the body in question." (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (2))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Participation in committees or corporate boards, non-governmental organizations or associations must be disclosed. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (2))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Deputies are not allowed to become involved in a situation or follow a cause only because of thier personal interest. A conflict of interest must be publicly declared before the deputy is allowed to speak or vote on the matter. He is responsible of resolving the conflict himself or, when in doubt, may consult the President. The law does not explicitly forbid voting on the matter, but offers a flexible handling of such a situation. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 1c, Art 3 (2) )
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A declaration must be submitted to the President within 30 days after taking office. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (1))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. When a change in circumstances concerning the declaration arises, the President must be informed within 30 days of the change. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (1))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. "paragraph 1 refers to the code of conduct being “breached”, this may be any failure, including failure to submit certain information/declarations or the submission of inaccurate or false declarations. Paragraph 4 refers to Article 50 of the Rules of Procedure of the Chamber of Deputies, which provides for the following measures: a) reprimand; b) reprimand and temporary exclusion from the Chamber entailing deprivation of the allowance payable to the MP." (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 1 Rčglement de la chambre des députés / Standing order of the Chamber of Deputies, Art. 50)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. "paragraph 1 refers to the code of conduct being “breached”, this may be any failure, including failure to submit certain information/declarations or the submission of inaccurate or false declarations. Paragraph 4 refers to Article 50 of the Rules of Procedure of the Chamber of Deputies, which provides for the following measures: a) reprimand; b) reprimand and temporary exclusion from the Chamber entailing deprivation of the allowance payable to the MP." (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 1 Rčglement de la chambre des députés / Standing order of the Chamber of Deputies, Art. 50)

Monitoring and Oversight

Depository body explicitly identified Yes. Declarations are submitted to the President (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (1))
Enforcement body explicitly identified Yes. The "comité consultatif" is estbalished for providing guidance on the interpretation of the Code of Conduct. If there is a suspicion of a violation, the President brings this to the attention of the committee which formulates a recommendation on appropriate measures. The final sanctions are decided upon by the President. Sanctions foreseen in the Code of Conduct range from public blaming (oral or in written form) to the exclusion from particular meetings to up to six months, and being blocked from several higher positions. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 8)
Some agency assigned responsibility for verifying submission No. As the comité consultatif has only an advisory function, this task rests with the President.
Some agency assigned responsibility for verifying accuracy No. As the comité consultatif has only an advisory function, this task rests with the President.

Public access to declarations

Public availability Yes. The information provided in the declarations is is presented on the homepage of the Chamber of Deputies in an "easily accessible" form. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (3))
Timing of information release specified No. Absent from legal framework.
Cost of access specified Yes. The homepage of the Chamber of Deputies is public and demands no access costs. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (3))

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. Deputies must declare any regular paid employment exercised next to his functions, either as an employee or self-employed. They must also delcare any occasional renumerated activity of the total renumeration exceeds 5,000 EUR. Income is declared with the help of four categories (5.000-10.000 EUR/year, 1.001 - 50.000 EUR/year, 50.001-100.000 EUR/year, over 100.000 EUR/year. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (2))
Incompatibilities
Gifts received as a public official Yes. Gifts worth over 150 EUR may not be accepted. An offer of a gift over 150 EUR is to be reported to the President (The President reports it to the Bureau.) Gifts by public officials visiting from abroad are exempted. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 6)
Private firm ownership and/or stock holdings Yes. A holding in a company or partnership must be disclosed "where there are potential public policy implications or where that holding gives the member significant influence over the affairs of the body in question." (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (2))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Participation in committees or corporate boards, non-governmental organizations or associations must be disclosed. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (2))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Deputies are not allowed to become involved in a situation or follow a cause only because of thier personal interest. A conflict of interest must be publicly declared before the deputy is allowed to speak or vote on the matter. He is responsible of resolving the conflict himself or, when in doubt, may consult the President. The law does not explicitly forbid voting on the matter, but offers a flexible handling of such a situation. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 1c, Art 3 (2) )
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A declaration must be submitted to the President within 30 days after taking office. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (1))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. When a change in circumstances concerning the declaration arises, the President must be informed within 30 days of the change. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (1))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. "paragraph 1 refers to the code of conduct being “breached”, this may be any failure, including failure to submit certain information/declarations or the submission of inaccurate or false declarations. Paragraph 4 refers to Article 50 of the Rules of Procedure of the Chamber of Deputies, which provides for the following measures: a) reprimand; b) reprimand and temporary exclusion from the Chamber entailing deprivation of the allowance payable to the MP." (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 1 Rčglement de la chambre des députés / Standing order of the Chamber of Deputies, Art. 50 GRECO evaluation 2013, p. 21)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. "paragraph 1 refers to the code of conduct being “breached”, this may be any failure, including failure to submit certain information/declarations or the submission of inaccurate or false declarations. Paragraph 4 refers to Article 50 of the Rules of Procedure of the Chamber of Deputies, which provides for the following measures: a) reprimand; b) reprimand and temporary exclusion from the Chamber entailing deprivation of the allowance payable to the MP." (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 1 Rčglement de la chambre des députés / Standing order of the Chamber of Deputies, Art. 50)

Monitoring and Oversight

Depository body explicitly identified Yes. Declarations are submitted to the President (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (2))
Enforcement body explicitly identified Yes. The "comité consultatif" is estbalished for providing guidance on the interpretation of the Code of Conduct. If there is a suspicion of a violation, the President brings this to the attention of the committee which formulates a recommendation on appropriate measures. The final sanctions are decided upon by the President. Sanctions foreseen in the Code of Conduct range from public blaming (oral or in written form) to the exclusion from particular meetings to up to six months, and being blocked from several higher positions. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 8)
Some agency assigned responsibility for verifying submission No. As the comité consultatif has only an advisory function, this task rests with the President.
Some agency assigned responsibility for verifying accuracy No. As the comité consultatif has only an advisory function, this task rests with the President.

Public access to declarations

Public availability Yes. The information provided in the declarations is is presented on the homepage of the Chamber of Deputies in an "easily accessible" form. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (3))
Timing of information release specified No. Absent from legal framework.
Cost of access specified Yes. The homepage of the Chamber of Deputies is public and demands no access costs. (Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests / Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (2015), Art. 4 (3))

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Civil Servants must declare to the government al professional activity carried out by their spouse or partner. If the responsible minister considers that there is a conflict of interest that cannot be avoided, the civil servant is moved to another unit. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 14 (4) , (adopted 1979, amended 2016))
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. Civil servants may not take up another employment which would challenge their integrity or committtment if exercising their job. Any additional employment must be approved of by the responsible Minister first. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art 14. (1, 2), Art. 5 (adopted 1979, amended 2016))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Civil servants may not have any interest in any legal entities or firms which are controlled or regulated by his or her administration. Any participation in a firm, or the supervision of the firm must be approved of by the responsible Minister. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 14 (3), Art. 6 (adopted 1979, amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. Civil servants may not have any interest in any legal entities or firms which are controlled or regulated by his or her administration. Any participation in a firm, or the supervision of the firm must be approved of by the responsible Minister. Civil servants may only hold a renumerated position in the public service if approved of by the responsible Minister. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 14 (3), Art. 6, Art. 7 (adopted 1979, amended 2016))
Holding government contracts Yes. Civil servants may only hold a renumerated position in the public service if approved of by the responsible Minister. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 7 (adopted 1979, amended 2016))
Board member, advisor, or company officer of private firm Yes. Civil servants may not have any interest in any legal entities or firms which are controlled or regulated by his or her administration. Any participation in a firm, or the supervision of the firm must be approved of by the responsible Minister. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 14 (3), Art. 6 (adopted 1979, amended 2016))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. No specification, except that potential conflict of interest must be declared to the superior. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 15 (adopted 1979, amended 2016))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. Conflicts of interest must be reported and approved by the responsible Minister as they arise. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 15 (adopted 1979, amended 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. No filling system exists.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Possible disciplinary sanctions, namely a warning, reprimand and fines. Judgement is up to the disciplinary committee depending on how grave the violation is. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 44, 47, (adopted 1979, amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Possible disciplinary sanctions, namely a warning, reprimand and fines. Judgement is up to the disciplinary committee depending on how grave the violation is. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 44, 47, (adopted 1979, amended 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. To the extent that laws specify who conflicts of interests or taking up of additional positions must be declared to or approved by. This is either the immediate superior or Minister. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 15, Art 6, 7, 14 (adopted 1979, amended 2016))
Enforcement body explicitly identified Yes. In the case of a conflict of interest, civil servants inform their superior who relieves them of the case should independence be compromised. (Fonctionnaires de l'état Statut général / General statute for civil servants, Art. 15 (adopted 1979, amended 2016))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2016 (French)pdf
Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, 2015 (French)pdf

Conflict of Interest

Avoiding conflicts of interests is part of the regulation for Ministers and MPs as set down in the Standing order of the Chamber of deputies (2009, last amended 2015), as well as for Civil Servants according to the General Statute for Civil Servants (2008, last amended 2015). For all public officials, firm ownership is only forbidden if the activity of the firm is under the supervision of the agency or if it has a significant impact on the activity of the agency. Ministers and MPs may not accept gifts valued over €150 while Civil servants may not accept gifts which may put them in a conflict with their obligations. Simultaneously holding a policy-making and a policy-executing position is forbidden as to the Electoral Law (2003, last amended 2013). This also specifies that Ministers or MPs may not be gainfully employed by the state. No general restriction is made for officials participating in decisions which may affect private interests.

The President may apply administrative sanctions to Ministers or MPs who violate conflicts of interests. For Civil servants, the enforcement of conflicts of interests law falls on the Disciplinary Committee. It may stipulate administrative or penal sanctions. No body or agency is responsible for monitoring or providing guidance as to conflicts of interests.

(Note: The Head of State is a monarch and thus exempted from conflicts of interests laws.)


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions30353535
Sanctions33333333
Monitoring and Oversight38383838

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers38414141
Members of Parliament38414141
Civil servants59595959

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of state is a monarch. Legal provisions do not apply.
Accepting gifts No. Head of state is a monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is a monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is a monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is a monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is a monarch. Legal provisions do not apply.
Post-employment No. Head of state is a monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is a monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is a monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of state is a monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of state is a monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of state is a monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Members refrain in the exercise of their duties, to accept gifts or similar benefits other than those with an approximate value of less than 150 euros offered as a courtesy by a third party or representing in the House official capacity. Any gift and available to Members when representing the House as official is reported to the President or the Bureau if it is the President. (Art. 6 (1) Standing order of the chamber of Deputies (2009, last amended 2015))
Private firm ownership and/or stock holdings Yes. Targets participation in a company or partnership, where the impacts are possible on public policy, or where such participation gives the Member significant influence over the affairs of the agency in question, but stocks or assets are not subject to declaration. (Art. 4 (2g) Standing order of the chamber of Deputies (2009, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Candidates for deputy may not be gainfully employed by the state in any way (Art. 129 Electoral Law (2003, last amended 2013))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Being a deputy is incompatible with being a civil servant. It is allowed to be active on several governmental levels, but income from the second political office must be declared. ( Art. 4 (2b) Standing order of the chamber of Deputies (2009, last amended 2015) Art. 129 Electoral Law (2003, last amended 2013))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penalties are up to the discretion of the President, and they range from a warning to an exclusion for a maximum of six months. (Art. 8 Standing order of the chamber of Deputies (2009, last amended 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. President and advisory committee impose sanctions, or refer the case to a court in the case of penal sanctions. (Art. 8 Standing order of the chamber of Deputies (2009, last amended 2015))

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Members refrain in the exercise of their duties, to accept gifts or similar benefits other than those with an approximate value of less than 150 euros offered as a courtesy by a third party or representing in the House official capacity. Any gift and available to Members when representing the House as official is reported to the President or the Bureau if it is the President. (Art. 6 (1) Standing order of the chamber of Deputies (2009, last amended 2015))
Private firm ownership and/or stock holdings Yes. Targets participation in a company or partnership, where the impacts are possible on public policy, or where such participation gives the Member significant influence over the affairs of the agency in question, but stocjs or assets are not subject to declaration. (Art. 4 (2g) Standing order of the chamber of Deputies (2009, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Candidates for deputy may not be gainfully employed by the state in any way (Art. 129 Electoral Law (2003, last amended 2013))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Being a deputy is incompatible with being a civil servant. It is allowed to be active on several governmental levels, but income from the second political office must be declared. (Art. 4 (2b) Standing order of the chamber of Deputies (2009, last amended 2015) Art. 129 Electoral Law (2003, last amended 2013))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penalties are up to the discretion of the President, and they range from a warning to an exclusion for a maximum of six months. (Art. 8 Standing order of the chamber of Deputies (2009, last amended 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. President and advisory committee impose sanctions, or refer the case to a court in the case of penal sanctions. (Art. 8 Standing order of the chamber of Deputies (2009, last amended 2015))

Civil servants

Restrictions

General restriction on conflict of interest Yes. Avoiding conflicts of interest is part of the civil servants' duties. (Art. 14 Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)
Accepting gifts Yes. Civil servants may not accept or support receiving material benefits that may put him in conflict with his obligations. Nomor specific statement is made here though, so judgement on whether a conflict exists or not is at the discretion of the civil servant themselves. (Art. 10 (3) Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)
Private firm ownership and/or stock holdings Yes. It is forbidden for officials to have interest in a firm that is subject to his administrative supervision, including spouses and partners (Art. 14 (3, 4, 5, 6) Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. It is forbidden for officials to have interest in a firm that is subject to his administrative supervision, including spouses and partners (Art. 14 (3, 4, 5, 6) Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. It is forbidden for officials to have interest in a firm that is subject to his administrative supervision, including spouses and partners (Art. 14 (3, 4, 5, 6) Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Being a civil servant excludes being a deputy (Art. 17 Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Depending on judgement by the supervisor and the Disiplinary Committee, either administrative or penal sanctions are put in place, but there is Nospecification as to whether this applies to conflicts of interest specifically, the decision is always individualised. (Art. 44 Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Depending on judgement by the supervisor and the Disiplinary Committee, either administrative or penal sanctions are put in place, but ther is Nospecification as to whether this applies to conflicts of interest specifically, the decision is always individualised. (Art. 44 Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Disciplinary Committee (Art. 52, Art. 70 Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015)

Qualitative data for 2017


Legislation

Electoral Law, 2003 amended 2013 (French)pdf
Fonctionnaires de l'état Statut général / General statute for civil servants, 1979, amended 2015 (French)pdf
Rčglement de la chambre des députés, / Standing Order of the Chamber of Deputies, 2015 (French)pdf

Freedom of Information

The access to information framework in Malta is established by the Freedom of Information Act (2009, amended 2012). The Government and its ministries and departments are included, as well as the parliament. The judiciary is covered although the Attorney General's office is excluded. The law covers bodies or persons which provide services to the public on behalf of the Government or are financed by the Government. However, information held by many public institutions is excluded from the scope of the law, eg Electoral Commission, Employment Commission, National Archives, Public Service Commission, Office of the Attorney General, National Audit Office, Security Service; Broadcasting Authority or the Ombudsman. Information held by these bodies is regulated by other laws.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Official Secrets Act (1923), and Data Protection Act (2002). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

Appeals may be submitted to public authorities through a specific complaint process. Applicants also have the right to seek an investigation and review by the Information and Data Protection Commissioner. Decisions of the Commissioner may be subject to appeal through the Court of Appeal.

The Commissioner can levy fines to those who fail to comply with his/her notices. Destroying evidence with the aim of preventing the disclosure of information to an applicant under the FOIA may also be punishable with imprisonment.

Under the Freedom of Information Act the Minister responsible for FOI and data protection (Minister for Social Dialogue, Consumer Affairs and Civil Liberties), shall issue a code of practice providing guidance to public authorities. The law also allows the Ministry, in consultation with the Information Commissioner, to make regulations on a range of matters of implementation.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage7777
Information access and release0000
Exceptions and Overrides33171717
Sanctions for non-compliance0000
Monitoring and Oversight0000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access No. Absent from legal framework
"Information" or "Documents" is defined No. Absent from legal framework
Proactive disclosure is specified No. Absent from legal framework

Coverage of public and private sectors

Executive branch No. Absent from legal framework
Legislative branch No. Absent from legal framework
Judicial branch No. Absent from legal framework
Other public bodies No. Absent from legal framework
Private sector No. Absent from legal framework

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. Absent from legal framework
Enacted legal instruments Yes. All treaties and legislation only comes into effect when it has been published according to law. (Art. 37 Constitution of Luxembourg (1868, last amended 2009))
Annual budgets No. Absent from legal framework
Annual chart of accounts (actual expenditures) No. Absent from legal framework
Annual reports of public entities and programs No. Absent from legal framework

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) No. Luxembourg's freedom of information law is only in the draft stage. No other laws enforce freedom of information.
Type of request is specified (written, electronic, oral) No. Absent from legal framework
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) No. Absent from legal framework

Deadlines for release of information

20-day response deadline No. Luxembourg's freedom of information law is only in the draft stage. No other laws enforce freedom of information.
Agency granted right to extend response time No. Absent from legal framework
Maximum total response time of no more than 40 days No. Absent from legal framework

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Absent from legal framework
Existence of personal privacy/data law Yes. Law on the Protection of Persons with regard to the Processing of Personal Data (2002, last amended 2007) (Law on the Protection of Persons with regard to the Processing of Personal Data (2002, last amended 2007))
Specific exemptions to disclosure No. Absent from legal framework
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
Judicial appeals mechanism No. Absent from legal framework

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Constitution of Luxembourg, 1868, amended 2009 (English)pdf
Law on the Protection of Persons with regard to the Processing of Personal Data, 2002, amended 2011 (English)pdf

Public Procurement

The Luxembourgish public procurement system is regulated primarily by the Public Markets Act 2009, but there is additional legislation regarding public procurement tenders. The public procurement body is the Department of Public Works under the Ministry of Sustainable Development and Infrastructure.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 135,000 for goods

▪         EUR 5,225,000 for works

▪         EUR 135,000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 40 days for restricted procedures and 37 for negotiated procedures from dispatch date. There is no information on whether the final beneficial owners have to be disclosed when placing a bid or not.

There is possibility for preferential treatment, as sustainability considerations can be part of the award criteria. However, there are several options for bid exclusion: criminal acts (participating in a criminal organization, corruption, bribery, money laundering affecting the chiefs or other persons with power to represent, decide or control the firm), convictions for bankruptcy. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee and provisions on the independence of the contracting authority in evaluation committee.

There is no payable fee in case of an arbitration procedure, but publication of decisions depends on the court in charge of the procedure (administrative or criminal court).


Quantitative Data

Primary Metric

2012201520162017Trend
Scope293675
Information availability949494
Evaluation100100100
Open competition838383
Institutional arrangements363636

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 135000. Livre II of Loi 25 juin 2009 applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 135,000 for public supply and service contracts, other than those referred to in the third indent of the third subparagraph, awarded by contracting authorities which are central government authorities listed in Annex IV. For contracting authorities operating in the field of defense, the provisions of Book II shall not apply to public supply contracts unless they relate to products listed in Annex V. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.a)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 5225000. Livre II of Loi 25 juin 2009 applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 5,225,000 for public works contracts. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.c)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 135000. Livre II of Loi 25 juin 2009 applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 135,000 for public supply and service contracts, other than those referred to in the third indent of the third subparagraph, awarded by contracting authorities which are central government authorities listed in Annex IV. For contracting authorities operating in the field of defense, the provisions of Book II shall not apply to public supply contracts unless they relate to products listed in Annex V. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.a)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 135000. Livre II of Loi 25 juin 2009 applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 135,000 for public supply and service contracts, other than those referred to in the third indent of the third subparagraph, awarded by contracting authorities which are central government authorities listed in Annex IV. For contracting authorities operating in the field of defense, the provisions of Book II shall not apply to public supply contracts unless they relate to products listed in Annex V. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.a)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 418000. Livre III of Loi du 25 juin 2009, which covers “Specific Provisions Relating to Public Procurement in the Water, Energy, Transport and Postal Service Sectors”, provides that the Law applies to contracts whose estimated value, excluding value added tax (VAT), is equal to or greater than the following thresholds: (a) EUR 418,000 for supply and service contracts; (b) EUR 5,225,000 for works contracts. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 68)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 209000. Livre II of Loi du 25 juin 2009 (“Dispositions Particuliéres Relatives Aux Marchés Publics d'une Certaine Envergure”) applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 209,000 for public supply contracts awarded by the contracting authorities referred to in Annex IV which operate in the field of defense where those contracts relate to products not covered by Annex V, ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.b)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 135000. Livre II of Loi 25 juin 2009 applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 134,000 for public supply and service contracts, other than those referred to in the third indent of the third subparagraph, awarded by contracting authorities which are central government authorities listed in Annex IV. For contracting authorities operating in the field of defense, the provisions of Book II shall not apply to public supply contracts unless they relate to products listed in Annex V. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.a)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 5225000. Livre II of Loi 25 juin 2009 applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 5,225,000 for public works contracts. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.c)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 135000. Livre II of Loi 25 juin 2009 applies to public procurement contracts which are not excluded under the exceptions provided for in Articles 24 to 32 and whose estimated value excluding value added tax (VAT) is equal to or greater than EUR 135,000 for public supply and service contracts, other than those referred to in the third indent of the third subparagraph, awarded by contracting authorities which are central government authorities listed in Annex IV. For contracting authorities operating in the field of defense, the provisions of Book II shall not apply to public supply contracts unless they relate to products listed in Annex V. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 21.a)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. In general, it is the prior information notice and the contract notice and all information that it includes, such as nature and volume of the contract, CA identification, award criteria, duration of the contract, start of the contract, reference of authorisation (approval) of public authorities ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 39 and Article 170)
Are any of these documents published online at a central place? Yes. Portal des Marchés Publics, local press and Official Journal of the EU. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 38)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. The Contracting Authorities keep for at least four years after the award of a contract all information that justify their decisions about: a) the qualification and selection of economic operators and award of contracts; b) the use of procedures without prior call for competition in accordance with Article 86 of the Act on public procurement c) the non-application of Articles 82-86 of the Act on public procurement and Articles 263-313 under the exceptions provided in Articles 56 to 63 and 68 to 81 of the Public Procurement Act. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 312)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Except for those articulated on the rules of restricted procedure without prior notice. Contracting authorities may conclude framework agreements by using open, restricted or negotiated procedures as provided for in Livre II of the Loi du 25 juin 2009. Contracts based on a framework agreement shall be awarded in accordance with the provisions of Articles 219 (2) and (3), 220 and 221. These provisions shall apply only between contracting authorities and economic operators originally parties to the framework agreement. In the case of contracts based on the framework agreement, the parties may in no case make substantial changes to the terms laid down in that framework agreement, in particular in the case referred to in Article 220. Contracting authorities may not resort to framework agreements in an abusive manner or in such a way as to prevent, restrict or distort competition. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 219)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. Upon delivery of the offer, the contractor must, under penalty of inadmissibility, submit a list of subcontractors he intends to resort to for the execution of the contract. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 10)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. Upon delivery of the offer, the contractor must offer a list of subcontractors. If for the same trade or profession, the general contractor intends to occupy two or more subcontractors, he shall state on the above list the works, supplies and services he is planning to give to each of them.If not communicated in the tender, the bidder can face exclusion. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 10, paragraph (3))

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or to a particular process, or to trade marks, patents types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract is not possible; such reference shall be accompanied by the words "or equivalent". ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 263 paragraph (8) and Article 165 paragraph (3))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. (No mention in the law)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) Yes . Notwithstanding the provisions of Article 11, the Mayor and county magistrate or the public body empowered to act in this way under the supervision of the Commons may, where total amount, excluding VAT, for awarding the contract does not exceed 20,000 euros, award the contract to a competitor resident in the municipality, provided that the price offered by the local competitor does not exceed by more than five per cent that of the economically most advantageous offer or that of supply at the lowest price. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 18)
Is there a specific set of rules for green/sustainable procurement? Yes. They can be used as award criteria. Moreover, performance or functional requirements may include characteristics relating to the protection of the environment related to the subject of procurement. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 165 paragraph (3) b and paragraph (6))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Convictions for bankruptcy, belonging to criminal organisation, corruption, bribery, money laundering affecting the chiefs or other persons with power to represent, decide or control the firm ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Articles 222 and 223)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. If the contracting authority finds that the value of a tender is abnormally low, it will ask for a written explanation from the tenderer, so the exclusion is not automatic. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 243)
Is scoring criteria published? Yes. Either lowest price or MEAT, defined by law (réglément) ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 11; Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Articles 241-242)
Are decisions always made by a committee? Yes. The evaluation of offers is done by a committee with all technical and administrative expertise needed to take decisions on the tenders. ( Réglementation Générale du 16 Septembre 2009, Article 11.9 and Annexe au Réglementation Générale du 16 Septembre 2009 )
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The committee shall be composed in a way that ensures the confidentiality and impartiality necessary for the proceedings. A declaration of impartiality and confidentiality will be signed by all committee members. The Représentant du Bailleur (Representative Financier) systematically takes part in the evaluation committee. ( Réglementation Général du 16 Septembre 2009, Article 11. 9 and Annexe au Réglementation Général du 16 Septembre 2009 )
Is some part of evaluation committee mandatorily independent of contracting authority? Yes. Though it is not directly mentioned, it could probably be implied that the evaluation committee must be independent of the contracting authorities since there is a declaration of impartiality and confidentiality that its members have to sign. ( Réglementation Général du 16 Septembre 2009, Article 11. 9 and Annexe au Réglementation Général du 16 Septembre 2009 )
Are scoring results publicly available? Yes. Once the contract is signed, the Représentant du Bailleur (Representative Financier) publishes the results of the tender (Post-award notices) over the Internet and / or other appropriate media. Post-award notices must state the number of tenders received, the date of the contract award, the tenderer's name and the amount of the market. ( Réglementation Général du 16 Septembre 2009, Article 11.10.2 and Annexe au Réglementation Général du 16 Septembre 2009 )
Does the law specify under which conditions the tender can be cancelled? Yes. If it violates the Public Markets act or réglément, or if contrary to the general interest. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 11 and Article 19(1))

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. TED, press and electronic Portal des Marchés Publics, buyer's profile of the CA ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 38.1, Article 38.3 and Article 170c.)
Does the law specify the location for publicizing restricted calls for tenders? Yes. TED, press and electronic Portal des Marchés Publics, buyer's profile of the CA (Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 38.1, Article 38.3 and Article 170c.)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. only published if CA doesn't know a sufficient number of potential bidders ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 38.2)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 208)
What is the minimum number of bidders for negotiated procedures? 3. (Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 208)
What is the minimum number of bidders for competitive dialogue procedures? 3. (Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 208)

Bidding period length

What are the minimum number of days for open procedures? 52. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 183)
What are the minimum number of days for restricted procedures? 40. ( Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 44 and Article 184.b)
What are the minimum number of days for competitive negotiated procedures? 37. Negotiated with prior notice: 37 (Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 184.a)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Indicatively, it is the contracts in the fields of water, energy, transport and postal services, specific exclusions in the domain of telecommunications, secret contracts and contracts requiring special security measures,contracts awarded pursuant to international rules etc. ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Articles 26 - 32)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Organs, administrations and services of the State, local authorities (collectivités territoriales), public law bodies, associations of local authorities (Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 2)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open (procedure ouverte), restricted (restreinte) with or without notice, negotiated (marché négocié), competitive dialogue (dialogue compétitif) ( Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016 and Loi du 23 juillet 2016), Article 5(1) and articles 37-41,)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Tribunal Administratif. Appeals procedures shall be open to any person having or having had an interest in obtaining a particular contract and having been or may be adversely affected by an alleged infringement of Community law or national law transposing Community law on public procurement. The president of the administrative tribunal or the magistrate who replaces it may order any provisional measures necessary to correct the alleged violation or to prevent further damage to the interests concerned, including measures intended suspend or suspend the procurement procedure in question as long as the contracting authority or entity has not carried out the orderly correction. In particular, it may abolish the discriminatory technical, economic or financial specifications contained in the tender documents, the specifications or any other document relating to the procurement procedure in question. (Loi du 10 novembre 2010 instituant les recours en matičre de marchés publics (as amended by Loi du 26 décembre 2012), Article 1er and Article 3)
Is there a procurement regulatory body dedicated to public procurement? Yes. Direction des Marchés Publics, in Ministčre du Développement durable et des Infrastructures - http://www.marches.public.lu/fr/acteurs/direction.html
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only relevat provision contemplates that where a particular professional qualification is required of participants in the contest, at least a third of the jury members shall have the same qualification or an equivalent qualification. (Rčglement grand-ducal du 3 aoűt 2009 (as amended by Rčglement grand-ducal du 5 juillet 2016 and Rčglement grand-ducal du 23 juillet 2016), Article 251)
Is disclosure of final, beneficial owners required for placing a bid? No. (No mention in the law)

Complaints

Is there a fee for arbitration procedure? No. It is the Tribunal Administratif (Administrative Court) authorised to hear any claims brought against the decision of contracting authorities to award the contract to a specific tenderer. There is no further mention in the Law (Loi du 10 novembre 2010) about fees that a claimant has to pay when making a claim before the Tribunal. Probably this kind of issue is contemplated by Loi du 21 juin 1999 which sets rules of procedure before administrative courts. (No mention in the law)
Is there a ban on contract signature until arbitration court decision (first instance court)? No. Once the contract is signed, the Représentant du Bailleur de fonds publishes the results of the tender (Post-Award Notice) over the Internet and / or other appropriate media. Post-award notices must state the number of tenders received, the date of the contract award, the tenderer's name as well as the amount of the contract awarded. Once the contract signed by the contracting authority, the contract is sent to the tenderer, who must countersign within 30 days from the reception. The contract is only valid after receipt of the performance guarantee. If a bidder feels aggrieved by an error or an irregularity that may have taken place in the context of the procurement proceedings, he may recourse directly to the contracting authority, having communication with the Représentant du Bailleur de fonds (Representative Financier) for further information. The contracting authority must reply within 21 days from the date of receiving the complaint. The Minister of the Interior, however, may within eight days of the communication of the case, suspend a contract which was concluded a) in violation of the Loi du 25 Juin 2009 sur les marchés publics or b) in violation of its implementing regulations or c) when this contract is contrary to the public interest. (Réglementation Générale du 16 Septembre 2009, Article 9, Articles 11.10.2-11.10.3, Articles 16.11.2-16.11.3, Articles 21.10.2-21.10.3 and Annexe; Loi du 25 juin 2009 sur les marchés publics (as amended by Communication du Ministre du Développement durable et des Infrastructures concernant la fixation des seuils en euros applicables aux marchés publics couverts par les directives 2004/17/CE et 2004/18/CE issued in 19 january 2016), Article 19)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? ( )
Is there a requirement to publicly release arbitration court decisions ? Yes. An authority determined by regulation of Grand-Ducal provides annually to the Commission the text of all decisions, together with the reasons which appeal bodies have adopted pursuant to Article 11. (Loi du 10 novembre 2010 instituant les recours en matičre de marchés publics (as amended by Loi du 26 décembre 2012), Article 19)

Qualitative data for 2017


Legislation

Réglementation Générale, Annexe à la Décision No. COM_DIR•09_01915 du Comité de Direction de Lux-Development du 16.09.09 (French)pdf
Loi 26 December 2012 changing Law 10 November 2010 (French)pdf
Communication of the Minister of Development changing Law of 25 June 2009 (French)pdf
Communication of the Minister of Development changing PP regulations 2009 (French)pdf
Regulation of 24 March 2014 changing PP regulations of 2009 (French)pdf
Law of 25 June 2009 (French)pdf
Rčglement grand-ducal du 3 aoűt 2009 (PP Regulations), amended 2015 (French)pdf
Loi du 25 juin 2009 sur les marchés publics, amended 2016 (French)pdf
Rčglement grand-ducal du 3 aoűt 2009, amended 5 juillet 2016 (French)pdf
Rčglement grand-ducal du 3 aout 2009, amended 23 juillet 2016 (French)pdf