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Luxembourg is advancing long-delayed reforms to separate juvenile protection from youth justice, introducing clearer legal frameworks, strengthening preventive roles for the National Office for Children (ONE), and expanding alternative measures for young offenders, all aimed at creating a more coherent, child-centred system.
These reforms faced repeated delays and formal objections from the Council of State. The reform centres around three draft laws that have now been revised, receiving the green light from the Council of Government in early May.
At a press conference on Tuesday, Justice Minister Elisabeth Margue and Education Minister Claude Meisch presented the updated framework and outlined the key changes.
Clarifying a complicated system
The Council of State had raised concerns regarding a lack of clarity and legal precision, particularly across the three core texts: one concerning the rights of minors and witnesses in criminal procedures, another addressing juvenile criminal law, and a third focusing on child protection.
Luxembourg remains the only European country that has not yet separated youth protection from youth criminal justice. Under the proposed framework, minors under 13 years of age would fall under child protection measures, while those aged 13 to 18 would be subject to juvenile criminal law.
Originally, the draft also included a special category for young adults aged 18 to 21, who would have remained eligible for youth justice protections in court. However, Justice Minister Margue explained that this group has now been removed from the proposal. She noted that the Council of State and judicial authorities had raised numerous concerns about the legal uncertainties this would create. As a result, the category was dropped in favour of greater legal clarity and consistency.
A more targeted approach to youth justice
Under the reform, the Central Social Assistance Service (SCAS) will have a more focused role, dealing exclusively with juvenile offenders. It will also be responsible for the supervision of alternative measures, which in earlier drafts were referred to as “diversion measures”.
These alternatives are to be strengthened and applied more widely. The idea, officials explained, is to offer non-punitive interventions that can be agreed upon between the young person and the public prosecutor.
If a young person accepts the measure, the case can be closed without a criminal conviction. Such measures might include continuing therapy, cutting off contact with accomplices or victims, or performing community service.
Strengthening preventive support
In terms of child protection, the National Office for Children (ONE) will take on an even more central and preventive role. As part of the reform, the ONE will merge with the Aide à l’enfance service, consolidating its responsibility for juvenile protection.
Education Minister Claude Meisch explained that this change ensures a more coherent and professionalised response to safeguarding concerns. He explained that this ensures any concerns about a child or young person can be passed on to the ONE and handled professionally. To support this, the ONE will be required to operate 24 hours a day, seven days a week, in order to provide round-the-clock coverage for vulnerable minors, according to Meisch.
Meisch also underlined that the ONE will serve as the coordinating body for all types of assistance, whether voluntary or judicial, and will ensure continuity and coherence in the way minors are cared for over time.
Sharpening the legal language
In response to earlier criticism, the government refined definitions and harmonised legal terminology across the draft laws. Margue highlighted that improving procedural clarity was a key priority. The revised text introduces structural changes to several articles and more clearly distinguishes between judicial proceedings and voluntary support services.
While the substance of the laws remains largely unchanged, Meisch stressed that the way they are now formulated aims to secure approval from the Council of State and the Chamber of Deputies – paving the way for the reforms to finally be implemented.
