Since the City of Luxembourg’s police regulations banned begging on 15 December, the move has been questioned in terms of its compliance with European regulations.
The repressive phase of the ban began in mid-January. Beggars caught begging in the streets of the capital could face a fine of between €25 and €250, or a prison sentence if they are unable to pay.
This controversial measure is opposed by human rights activists and charitable organisations. Fernanda Pérez Solla, acting director of Amnesty International Luxembourg, lamented that when certain people are punished based on their poverty, it disturbs organisations like hers.
For Amnesty International Luxembourg, the police regulation is problematic and may not even be legal. In fact, the European Court of Human Rights has handed down case law on begging, and Switzerland has already been condemned for similar acts in the Lacatus case in 2021. At the time, the Court concluded that ‘the imposition of penalties on persons begging in the street constituted a violation of Article 8 of the European Convention’.
The Consultative Commission on Human Rights (CCHR), too, is highly critical of the begging ban drafted by the DP-CSV government. The commission points out an absence of legal basis for the bill, adding that ‘a municipal police regulation cannot be considered as law within the meaning of article 37 of the Luxembourg Constitution’.
The CCHR also confronted the Minister for Home Affairs, Léon Gloden, by pointing out that simple begging has been authorised since 2008 under the Diekirch Court:
“As regards the offence of begging under article 563 6° of the Criminal Code (...), the Court wishes to point out that begging is not prohibited by criminal law.
Georges Oswald, the public prosecutor, also pointed out the limits of the ban on begging, stating that the City of Luxembourg’s police regulations had no legal basis.
