The legal opinion, sought by the Minister of Home Affairs concerning the ban on begging, suggests that legislating on the matter would be appropriate. This is aimed at addressing concerns related to the suppression of certain forms of begging and, more broadly, at defining the extent of municipalities’ authority in shaping their police regulations since the enactment of the new Constitution.
“A legislative intervention would be appropriate, not only to specifically address the issue of suppressing certain forms of begging but also, crucially, to establish the comprehensive legislative framework for the adoption of municipal police regulations.”
This is because the legality of the police regulation could also be scrutinised in terms of its constitutional compliance despite arguments from the Thewes & Reuter law firm asserting that the ban on begging in the City of Luxembourg would not be affected by the constraints of the new Constitution, given its adoption by the city council before the latter came into effect.
Until now, the CSV (Christian Social People’s Party) ministers argue that it was neither urgent nor necessary to legislate.
The opinion is crafted by the same law firm that had previously prepared the appeal for the City of Luxembourg before the administrative court. Regarding the inquiry into whether the Penal Code prohibits simple begging or not, the opinion reproduces word-for-word the arguments presented in the appeal, a detail of which Minister Léon Gloden was already made aware of before soliciting legal advice.
Marc Thewes, a partner in the mentioned law firm, is not only a legal professional but also a longstanding member of the CSV and a party colleague of Léon Gloden. Additionally, he holds a membership in the Council of State for the CSV.
On its website, the City of Luxembourg has published its appeal against the annulment of the police regulation by Taina Bofferding, member of the Luxembourg Socialist Workers Party (LSAP).
The appeal features transcribed letters from residents, addressed to the municipality, in which they express concerns about the situation in certain areas of the capital - as well as the behavior of certain beggars.
In addition, the appeal includes comprehensive arguments that mirror the legal opinion provided to Léon Gloden. The conclusion put forth by the lawyers from the Thewes & Reuter firm is that any reference to begging has not been removed from the Penal Code.
