The administrative court handled two different cases brought against the capital by two beggars last week, ruling that the individuals were not sufficiently affected by the ban to take legal action.
The first verdict states that the judges ruled in favour of the city’s representatives, as the plaintiff possessed a fixed address and therefore did not need to resort to begging as they could have applied for state benefits instead. The verdict also stated that the plaintiff and their lawyer did not mention this fact, despite the document mentioning that the plaintiff had previously said the dwelling was unsanitary, without electricity or running water.
In the second instance, a German citizen brought a case against the capital, but was overruled, as the judges said the individual was viewed as an “illegal” immigrant. This was said to be down to the 2008 law which states that even EU citizens in Luxembourg must demonstrate sufficient financial means to prevent them from becoming a burden on the country’s social services and national health insurance.
Despite the rulings, neither case has clarified whether the begging ban conforms with human rights or freedom of expression. As these are both the initial verdicts, it remains to be seen if either plaintiff will enter an appeal.
In December 2023, Minister for Home Affairs Léon Gloden expressed support for the changes in the capital’s police regulations, in contrast to his predecessor Taina Bofferding. The municipal council in Luxembourg City launched the ban against organised or “gang” begging two years ago. In addition, all other forms of begging are prohibited in a number of areas throughout the capital at different times of day.
