The ongoing staff shortages in Luxembourg’s judiciary have sparked a debate in the Chamber of Deputies, with differing opinions on the root causes of the issue.
The discussion was reignited after Luxembourg City Mayor Lydie Polfer criticised the judiciary’s inability to follow up on many offences during an interview on RTL Radio on Tuesday. Her remarks were echoed on Wednesday by Prosecutor General Martine Solovieff, who confirmed at her department’s New Year’s reception that the judiciary and criminal police are facing significant staffing challenges.
Sam Tanson, MP for the Green Party (Déi Gréng) and former Minister of Justice, acknowledged that the staff shortage is not a new problem. However, she refuted suggestions that her party, which led the justice ministry from 2013 to 2023, was responsible for the issue.
“I don’t want to revisit the past to pinpoint where the problem originated, but I won’t accept claims that I obstructed the creation of new positions”, Tanson stated. “On the contrary, I consistently advocated for more recruitment in the judiciary, often pushing back against my coalition partners to achieve this”, she stressed.
Laurent Mosar, MP for the Christian Social People’s Party (CSV) and president of the Parliamentary Justice Committee, argued that little progress was made in addressing staffing issues in recent years.
“I was shocked to hear Ms Tanson say that she failed to assert herself with her coalition partners”, Mosar said, adding: “I have to say that this is very serious. This implies that for years, no hiring took place because previous governments could not agree on the need for it.”
Mosar contrasted the past inaction with the current efforts of Justice Minister Elisabeth Margue, his CSV party colleague. He highlighted that Margue has introduced legislation to the Chamber of Deputies aimed at increasing recruitment within the judiciary.
Pirate Party MP Sven Clement emphasised that improving working conditions is crucial to addressing the staff shortages in Luxembourg’s judiciary. While acknowledging the importance of recruitment and training, Clement stressed the need to retain trained professionals within the judiciary rather than losing them to better-paid roles in the private sector.
The big challenge, in his view, is ensuring that people stay in the judiciary instead of moving to jobs “where they may work less for the same or higher pay”. According to Clement, “we need to create an attractive civil service environment for both the judiciary and the police”.
The judiciary has stated that it cannot pursue every minor offence and must focus its resources on serious cases. MP Dan Biancalana of the Luxembourg Socialist Workers’ Party (LSAP) expressed understanding of this approach, noting that offences such as breaches of the begging ban are not a top priority.
“While some may find these issues disruptive in an urban setting, they do not inherently create insecurity or produce victims”, Biancalana said. He argued that the judiciary, alongside the police, should concentrate on prosecutions that genuinely impact public safety and residents’ well-being.
Pushing back against Mosar’s remarks, Biancalana also highlighted efforts to address staffing challenges in recent years, including the introduction of “référendaires de justice” – legal assistants who support judges in case preparation – and the adaptation of recruitment criteria for new magistrates.
MP Dan Hardy of the Alternative Democratic Reform Party (ADR) called for the creation of a specialised court to address asylum and immigration matters, citing concerns over increasing delays in processing cases. Hardy referenced remarks by Francis Delaporte, president of the administrative court, who recently warned the Parliamentary Justice Committee about the growing backlog and its impact on the judicial system.
To tackle the issue, the ADR has proposed establishing a dedicated jurisdiction for asylum and immigration cases. Hardy noted that his party had submitted a motion to this effect, though it has so far garnered limited support in the Chamber of Deputies.
While acknowledging the government’s efforts to address the problem, Hardy emphasised the need for more concrete measures.
