Foremost among these recommendations is the call for continuity in family law and the acceleration of the justice system’s digitalisation. The Bar Association commended the Ministry of Justice, particularly Minister Sam Tanson, for their receptive approach thus far, affirming that valuable groundwork has already been laid.
Valérie Dupong, the outgoing Chairwoman of the Bar Association, emphasised their commitment to building upon existing legal frameworks rather than starting from scratch.
She highlighted the importance of addressing laws that are still pending approval within the Chamber of Deputies. For example, “There is no law on how a person who has been the victim of a minor can obtain damages. These days, that’s a disaster,” Dupong pointed out.
In the realm of family law, there remains room for the development and refinement of legislation, with an emphasis on empowering family court judges and establishing regulations for the parentage of children born abroad to parents residing in Luxembourg.
These proposed measures aim to accommodate the evolving dynamics of Luxembourg’s diverse society, including cases involving children with two fathers, two mothers, or those born to surrogate mothers.
Another pressing concern relates to the physical infrastructure that houses the justice system. The Bar Association underscored the need for the government to address this matter, as the current Cité judiciaire on Plateau du Saint-Esprit has reached its capacity.
While an ideal solution would involve a location close to Plateau du Saint-Esprit, the Association acknowledges that a long-term solution may necessitate relocation.
Chairman Pit Reckinger expressed optimism for resolving these challenges, emphasising the importance of keeping justice services co-located.
Another key proposal from the Bar Association for the next coalition agreement centres on raising awareness of mediation as an alternative, out-of-court mechanism for problem resolution.
In response to growing demand, the Bar Association has been offering free consultations every Saturday from 8am to 1pm. This service has witnessed increasing popularity, especially in domains such as employment law, leases, family law, and immigration law, as highlighted by Reckinger.
Economic challenges are also affecting lawyers, with smaller law firms feeling the impact. Factors contributing to their predicament include escalating rents, salary indexation, and stagnant lawyers’ fees, given that their clients often face financial constraints. The collapse of the construction industry is also having an impact. Depending on the sector in which they work, some lawyers are losing clients, for example in real estate.
There are currently 3,390 practising lawyers in Luxembourg, with a nearly equal gender distribution of 51% men and 49% women. Among these legal professionals, 45% hold French nationality, 25% are Luxembourgish, 12% Belgian, and 5% German.
