The Role of the Grand Duke

(All articles referenced on this page refer to the articles of the Constitution of the Grand Duchy of Luxembourg that came into force on 01/07/2023.)

I swear to observe the Constitution and the laws and to faithfully fulfil my constitutional duties.

His role is defined in relation to the State, not directly to society or the people. The Grand Duke’s involvement in major legal acts, such as the promulgation of laws or his presence at official ceremonies, emphasises that these actions are carried out in the name of the State.

Where sovereignty resides in the nation and state authority derives from it (Art. 3), the Grand Duke embodies the independence and unity of the nation and thereby the continuity of the Luxembourg State. This cohesive function is reflected in the Grand Duke’s involvement in all three branches of government:

• he promulgates laws (legislative power),
• he participates in their execution (executive power) and
• judgments and judicial decisions are executed in his name (judicial power).

To preserve this neutrality, every act of the Grand Duke in the exercise of his function as Head of State must be countersigned by a member of the Government (Art. 44), who assumes responsibility for it. This ministerial responsibility is a fundamental principle of parliamentary democracy, in which every act of public authority must be subject to discussion, scrutiny and accountability.

Most often, the countersignature is explicit and documented in writing, but it may also be tacit, for example, when a minister accompanies the Grand Duke at an official event.

Ministerial responsibility is counterbalanced by the Grand Duke’s political irresponsibility and his inviolability (Art. 44). This immunity also guarantees his institutional independence. It means that the Head of State cannot be prosecuted or held accountable, whether criminally or politically, which allows him to carry out his duties above partisan divisions and in the interest of the continuity of the state.

Another pillar of his independence is the annual endowment paid to the Grand Duke (Art. 54), which enables him to carry out his duties under appropriate conditions. The amount and terms of this endowment are set by a law passed by the Chamber of Deputies.

The administrative and logistical support necessary for the exercise of the duties of Head of State is provided by the Maison du Grand-Duc (Art. 54), in line with the public interest. It was established by Grand Ducal decree dated 9 October 2020.

• The Grand Duke promulgates laws (Art. 49) within three months of their adoption by the Chamber of Deputies. This confirms the completion of the legislative process and initiates the law's publication in the Official Journal. The official date of a law is the date of promulgation, not the date of the vote. Promulgation should not be confused with publication, which makes the law publicly accessible and legally binding, nor with its entry into force (unless otherwise stated, a law enters into force four days after publication). Before the amendment of Article 34 of the Constitution in 2009, the Grand Duke had the power of 'sanction', which means that he was required to approve the adopted text. In a parliamentary democracy, legislative power rests exclusively with Parliament, and the sanctioning power was therefore abolished.
• The Grand Duke issues the regulations and decrees necessary for the implementation of laws (Art. 45), jointly with the Government. The 2023 constitutional reform introduced a new provision: the Grand Duke, together with the Government, may now issue regulations to implement European Union law, reflecting the voluntary transfer of certain powers from the Chamber of Deputies to EU institutions.
• The Grand Duke concludes and terminates international treaties (Art. 46). Ratification by the Grand Duke binds the State internationally but has no direct effect in domestic law. For a treaty to have legal effect in Luxembourg, the Chamber of Deputies must give its consent.
• The Grand Duke may call early elections (Art. 73), but only if the majority of deputies withdraw their confidence in the Government or pass a motion of censure against it. In the event of the Government's resignation, the consent of the Chamber of Deputies, by absolute majority, is required to call early elections. Such elections must take place within three months.
• The Grand Duke may take exceptional measures in times of crisis (Art. 48), whether in the event of an international crisis, a real threat to the vital interests of the population, or an imminent danger to public security. If the Chamber of Deputies is unable to legislate within the necessary timeframe, the Grand Duke, together with the Government, may take regulatory measures in all areas. These special powers are limited in both duration and scope.
• The Grand Duke appoints the Prime Minister and the other members of the Government (Art. 88) and also relieves them of their duties. This is done in agreement with the Government.
• The Grand Duke appoints civil servants (Art. 50), in accordance with the law and except in cases where the law provides an exception. In practice, he appoints only the highest-ranking officials; all other appointments are made by the competent minister. To ensure judicial independence, a National Council of Justice entrusts the Grand Duke with appointing its members, but only from candidates selected through an electoral process, it is therefore not a matter of free choice.

• Court rulings and judgments are executed in the name of the Grand Duke (Art. 97), but the administration of justice remains the responsibility of the courts. The Grand Duke does not interfere with judicial independence. Justice is rendered by the courts. The Grand Duke may grant pardons or commute sentences imposed by the courts (Art. 51). This right applies solely to criminal penalties pronounced in Luxembourg and excludes disciplinary, administrative, or civil sanctions. The pardon decision follows the opinion of the Clemency Commission and must be countersigned by a government member. Thus, the Grand Duke does not act arbitrarily, but within a legally regulated and supervised framework.