Luxembourg prosecutor general criticises implementation of begging ban

On Saturday, Prosecutor General Martine Solovieff, who is set to retire in early 2025, spoke with our colleagues from RTL Radio in an in-depth interview.

Concerns over expanded police authority to remove individuals

During the interview, Solovieff raised concerns about the proposed expansion of police powers to remove individuals from public spaces, known as "Platzverweis," recently presented by Minister for Home Affairs Léon Gloden. She expressed reservations about the plan, suggesting that its implementation could rely too heavily on subjective assessments by individual police officers, which she described as "dangerous." Solovieff questioned the overall effectiveness of the proposal, particularly regarding how authorities could issue notices to individuals without a fixed residence.

The prosecutor general also anticipates that the State Council will issue a critical opinion on the proposal, arguing that the measures outlined in the text are excessive. She further challenged Minister Gloden's recent comments on RTL Radio, asserting that there has been no noticeable increase in drug-related crime cases.

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Solovieff also subtly criticised Minister Gloden's focus on compiling statistics "to prove how much work had been done," suggesting that this approach diverts necessary personnel away from handling critical tasks on the ground. She emphasised that major cases in particular require both time and resources to be properly addressed.

By July of this year, 11 reports of "aggressive begging" had been filed, according to Solovieff. She noted that all but one of these cases were dismissed.

Caritas scandal far from reaching trial

When discussing the Caritas scandal, Solovieff refrained from going into specifics but explained the lengthy process involved in handling financial crime cases. She pointed out that the analysis of over 8,200 transactions in the Caritas case is time-consuming and relies on cooperation from foreign entities, which often do not promptly provide the necessary information.

Solovieff confirmed that the Caritas case is unlikely to go to trial in the near future.

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The Belgian model: A blueprint to reduce court waiting times?

Solovieff suggested that reconsidering the role of the examining magistrate could be key to reducing court delays. She pointed to several aspects of the Arlon prosecutor's office in Belgium as potential sources of inspiration, noting that she was surprised by its efficiency during a recent visit. Solovieff believes the Belgian system could also serve as a model for the accelerated procedures that Minister of Justice Elisabeth Margue aims to introduce, suggesting it might be more effective than the French approach.

The government has already abandoned the initial proposal for immediate court appearances, known as "comparution immédiate." According to Solovieff, there are currently 2,880 cases ready to proceed at the Luxembourg City prosecutor's office.

Challenges in staffing and space

Solovieff highlighted ongoing concerns about recruitment within the judiciary, emphasising the need for a new draft bill from the Ministry of Justice to enable broader hiring efforts. She acknowledged that several judicial chambers are facing difficulties in assembling the necessary personnel.

Space constraints are also a pressing issue. Solovieff confirmed that the existing judicial complex is insufficient to meet current needs and suggested that constructing a new facility would be ideal. She noted that the current complex was already too small when it opened in 2008.

On duty until 1 February

Prosecutor General Martine Solovieff is set to retire on 1 February 2025. Reflecting on her career, Solovieff mentioned that she never counted the days until retirement and still finds satisfaction in her role. She expressed her gratitude to former Green Party Justice Minister Felix Braz, crediting him for her appointment to the position. Solovieff noted that she has maintained productive working relationships with all justice ministers throughout her tenure.

Begging ban implementation seen as "indirect political interference"

Solovieff criticised the government's decision to reassign a portion of the criminal police to enforce the begging ban, describing it as indirect political interference. She expressed disappointment that the public prosecutor's office was not consulted on the matter. Solovieff stated that she raised her concerns in a letter to the government, which subsequently reconsidered its position.

John Petry has been named as Solovieff's successor and will assume the role of prosecutor general in 2025. The National Justice Council recommended Petry, currently the deputy prosecutor general to Minister of Justice Elisabeth Margue, for the position.