A reform of youth protection has been underway for the past thirty years, however, the judiciary is not happy with the recently presented draft laws. According to Nathalie Barthélémy, the reform aims at keeping the judiciary out of youth protection.
Barthélémy is a lawyer and the president of the Family Law Commission of the Luxembourg Bar Association, which recently released a critical opinion on the proposed youth protection reform.
Unlike the public prosecutor’s office, “the Bar agrees with the separation of youth protection and criminal law applicable to minors. Luxembourg has long been criticised for this internationally, and the Grand Duchy is the only country in the European Union where this division does not yet exist.”
The reform would expand the authority of the National Office for Children (ONE). The first stage of intervention under the new proposed regulations would be to find voluntary solutions with the family and the child, with judges will only intervening if this first attempt fails.
However, the Bar criticises that in this scenario, judges would be effectively powerless and obligated to implement what the ONE proposes. According to Barthélémy, the reform would limit the judiciary’s authority too much and give the administration too much power.
Lawyers are also worried that the ONE risks being less neutral and independent, Barthélémy said, arguing that “independence would be guaranteed with judges and the public prosecutor’s office.”
Barthélémy also thinks that it is “unacceptable” that the Commission for the Collection of Concerning Information (CRIP), which will be set up within the ONE, will meet only once a week. The lawyer is concerned that this will not allow the commission to work fast enough and provide support in a timely manner in instances such as the welfare of a child in an emergency.
