A planned reform of Luxembourg’s Municipal Act aims to strengthen direct democracy – but may run up against constitutional limits. One key proposal in the reform would allow municipal referendums to become binding rather than merely consultative.
Put differently, if adopted, local councils would no longer be able to ignore the result of a referendum. However, the Council of State has raised serious concerns, as making local referendums binding would require a change to the constitution.
Currently, municipal referendums serve only as a way for residents to express their opinion. Under the proposed reform, they would gain the power to directly decide – effectively overriding the municipal council on certain issues.
But, this would conflict with the constitution, which clearly states that municipalities are governed by a council of aldermen, elected from among the members of the municipal council, which in return is elected by the people and holds decision-making power.
If binding referendums allowed residents to take decisions directly, part of the council’s role would thereby be transferred to the public – a shift that, according to the Council of State, contradicts the current constitutional framework.
Similar issues have arisen in France and Belgium, where efforts to introduce binding local referendums also clashed with constitutional law.
The debate resurfaced in Luxembourg following a controversial case in Bettendorf. In a recent referendum, 57% of residents voted in favour of continuing merger talks with other northern municipalities.
However, the municipal council decided not to proceed. While their decision was legally sound, it sparked criticism and raised questions about the value of referendums that can be ignored.
