LUXEMBOURG Law and Practice Contributed by: Fabio Trevisan and Laure-Hélène Gaicio-Fievez, BSP
BSP 11, rue du Château d’Eau L-3364 Leudelange Luxembourg Tel: +352 260 251 Fax: +352 2602 5999 Email: marketing@bsp.lu Web: www.Bsp.lu
1. General 1.1 General Characteristics of the Legal System The Luxembourg legal system is governed by the Constitution of the Grand Duchy of Luxembourg, promulgated on 17 October 1868, and functions as a parliamentary democracy. It embodies the principle of separation of powers among the executive, legislative, and judicial branches. The Luxembourg system of law is based on civil law. The Luxembourg civil procedure system is a mixed system, combining elements of adver- sarial and inquisitorial systems. Parties are free to initiate and shape the proceedings with their claims and defences, and they bear the burden of proving their claims. However, the courts play a role in directing the proceedings and gather- ing evidence, as needed. If the parties do not reconcile, the court will rule on the dispute by applying the relevant laws. Regarding criminal proceedings, the system is highly inquisitorial, with the judge having broad powers to investigate the case for both the pros- ecution and the defence. The parties are there-
fore not directly obliged to conduct investiga- tions in support of their claims. Regarding civil matters, written submissions are required. However, oral arguments are permitted in lower courts and commercial cases before the district court. 1.2 Court System The Luxembourg court system is two-tiered, dis- tinguishing between judicial courts and admin- istrative courts. Judicial courts hear civil, com- mercial, and criminal cases, organised into a three-tiered structure, as outlined below. Judicial Courts These courts deal with civil, commercial, and criminal matters and operate on a three-tiered structure. The lower courts (Justice de Paix) and the district courts (Tribunal d’arrondissement) Lower Courts have jurisdiction in civil and com- mercial matters that do not exceed EUR10,000 and also sit as police courts (Tribunal de Police). The employment tribunals ( Tribunal du Travail ) are also organised at the level of the lower courts. Appeals against the decisions of the low- er courts are filed with the district courts, except the decisions of the employment tribunals, which
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