Legacy of the past 20 yearsLuxembourg Ombudsman seeks greater role in administrative justice

RTL Today
With Luxembourg's courts overwhelmed and citizens facing years-long waits for administrative justice, Ombudsman Claudine Konsbrück proposes expanding her office's authority to resolve disputes before they reach litigation.

Claudine Konsbrück, Luxembourg’s newly appointed Ombudsman, presented the institution’s 2024 annual report on Wednesday morning. While acknowledging the document was prepared by her predecessor Claudia Monti, Konsbrück focused her remarks on broader institutional goals rather than specific cases.

Marking the office’s 20th anniversary, Konsbrück highlighted its legacy: over 60 recommendations implemented, including the creation of the National Justice Council, online petition systems, and reforms to the National Employment Agency (ADEM). Yet she conceded the office still struggles with public awareness.

“Many residents don’t understand our exact role,” Konsbrück noted, referencing frequent ineligible requests. “We’re neither judges nor lawyers, but facilitators improving dialogue between citizens and administrations.” To address this, she announced plans for a revamped, more interactive website to better communicate the office’s services.

Konsbrück renewed her predecessor’s push for broader jurisdiction, particularly seeking to extend mediation powers to private entities performing public services. Currently, the Ombudsman only oversees public institutions.

She also criticised administrations for disengaging once cases enter litigation. “Our role is to unblock stalemates,” Konsbrück emphasised, noting Luxembourg’s overburdened courts and lack of judges. “Legal battles are expensive for everyone involved. Administrations should remain open to mediation even during proceedings,” she said.

Pirate Party MP Marc Goergen voiced reservations about the Ombudsman’s proposal, cautioning that it might risk judicial interference. Ombudsman Claudine Konsbrück clarified the intent, stating that when administrations acknowledge errors in applying laws, they should correct decisions proactively – making related court cases unnecessary. She emphasised this aims to reduce superfluous litigation, not influence judicial outcomes.

Democratic Party MP Simone Beissel supported the concept while recognising its complexity. She highlighted a systemic issue: administrative projects often proceed during litigation, leaving citizens with only monetary compensation after years of proceedings – even when they prevail in court.

Currently, citizens effectively have no timely administrative justice, Beissel stated, endorsing debate on expanding the Ombudsman’s role to restore balance. However, she warned such reform would be “extremely delicate,” as it might set precedents affecting judicial principles.

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