New draft bill to regulate Grand Duke's right of pardon

The Luxembourgish constitution grants the right to pardon to the Head of State, i.e, the Grand Duke. The procedure is outlined in Article 39 of the new Constitution and must be regulated by law.

Minister of Justice Sam Tanson presented the draft bill on the right to grant pardons to the relevant parliamentary committees on Wednesday. The new draft bill aims to clarify who decides on a request for partial or complete remission of a penalty.

The right of pardon is therefore not seen as an obsolete or extravagant royal right, but rather as an attribute of the people's sovereignty over the government and the Chamber of Deputies.

The requirements for an application for clemency remain high, despite having recently been lowered in the last few years.

The vast majority of applications concern driving bans, prison sentences, and confiscations. When the Grand Duke receives a plea for clemency, it is forwarded to a special committee of seven members who compile a report on whether or not the request should be granted.

All forms of convictions or sentences can be reviewed in order to prepare this report, for instance through the criminal history record, the JU-CHA file, the police, or the Central Social Welfare Office (SCAS).