The recently published index, which observes the legal framework of a nation as well as its implementation, ranks Luxembourg as eighth out of 140 countries.
The Grand Duchy is below the regional average in only two categories: impartiality of the criminal system and the timeliness and effectiveness of the criminal adjudication system. However, according to Frank Wies, lawyer and former president of Amnesty International, the index fails to clarify what the label impartiality means exactly.
Wies acknowledged that a certain level of discrepancy exists between residents and non-residents: “People who do not have a place of residence in Luxembourg are at a higher risk of being detained in pre-trial confinement more often and for longer periods due to an alleged risk of fleeing.”
When it comes to the timeliness of the criminal adjudication system, Wies drew attention to the fact that it takes time to respect the rights of both victims and perpetrators. He further explained that it is therefore often a matter of means, such as having enough examining magistrates, clerks, and criminal divisions to quickly conclude an investigation.
And indeed, many complaints in the annual judiciary report for the year 2021 revolve around staff shortages and a lack of space, factors that have not been retained in the Rule of Law Index. This report was written on the basis of a survey with 651 resident participants and questionnaires filled out by lawyers.
