The European Commission’s report assesses the state of the rule of law in all EU member states. This is the fourth edition of such a report with this being the second time the Commission offers recommendations for each member state in order to improve the rule of law in each country.
Reynders said Luxembourg has some room for improvement in the context of justice. It is important to strengthen administrative and human resources by improving accessibility and efficiency through digitalisation.
More transparency through lobby register
More work needs to be done to improve transparency issues in the Chamber. Concretely, it should be easier to trace lobbying groups that are influencing parliamentarians. A transparency register exists already but the EU deems it insufficient, according to Reynders.
“The report notes that the transparency register for MPs is operational and accessible to the public, but its structure and implementation remain minimal, and legislation on lobbying still needs to be evaluated. Additionally, codes of conduct applicable to members of the government and its advisers have been established. Transparency for MPs is operational and accessible to the public, but its structure and implementation remain minimal, and legislation on lobbying still needs to be evaluated.”
To create a transparency register that complies with what the EU wants is not easy in a country as small as Luxembourg”, according to the CSV’s Christophe Hansen.
“Luxembourg is small and everyone knows everyone. You inevitably run into people you know whether it’s in a restaurant or a public space, it is unavoidable.”
European parliamentarian and Vice President of the European Parliament Marc Angel disagrees with Hansen’s comments. If the European Parliament could manage to do it then so can Luxembourg.
“Regarding transparency registers, yes Mr Hansen says Luxembourg is small, but transparency standards should apply equally whether we found ourselves with a small parliament or a large parliament. Perhaps, everything we have been working on at the European Parliament, which Mr. Hansen has also been working on mind you, will inspire even the Luxembourgish parliament to improve transparency and embolden the fight against corruption.”
More opportunities for stakeholders to be involved in the legislative process
The report also recommended more opportunities for interested parties to be consulted on new laws being drafted. This is something Luxembourg tried to implement last year without success.
The same recommendation was made for legal aid access, in order to make sure that everyone can be appointed a lawyer even if they cannot afford it. At this point, the President of the Chamber, Claude Wiseler, expressed some protest. In August, after the current report was filed, the Chamber indeed adopted a law on this matter, and significant progress has been made, Wiseler said.
There was heaps of praise for the constitutional reform of 2023. This was deemed immensely important and will have a significant impact on the rule of law, said Reynders. The positive mention also included the implementation of two recommendations, namely the establishment of the new High Council of Justice and the allocation of more resources to combat economic and financial crime.
Luxembourg was not the only country under a microscope
In the discussion with the EU Commissioner, Luxembourg’s parliamentarians also asked several questions concerning other topics. A question was asked on the newly instituted begging ban. Reynders believes that this is a matter to be resolved on a national level.
“It is clear that the issue must first be regulated on a national level in order to have the same legal interpretation of existing legislation and then allow authorities to enact their reforms. However, consultations should be held with all stakeholders, including parties responsible for providing legal opinions on the matter. I also would like to point out that when bills are treating difficult topics and concern much more significant reforms, particularly in the realm of justice, we regularly recommend contacting the Venice Commission and ensuring that the recommendations of the Venice Commission are taken into account.”
Many questions from MPs also revolved around Hungary. Recently, Hungary has been repeatedly accused of stifling decisions at the EU level and thus exerting pressure on other members and the Commission.
In response, Didier Reynders stated that several procedures are being considered and are being rolled out, including those before the European Court. This also includes Hungary’s financial relationship with the EU. The EU has blocked a large part of funds allocated for Hungary as Hungary has not implemented the necessary reforms. At the same time, he also acknowledges that Hungary has made significant reforms in other areas. Overall, although the situation is not ideal, the Commission must recognise and honour progress. That is the rule, according to the Commissioner.”
