For the first time, the state’s goals have been enshrined in the constitution. This was an important step, says Heuschling, as it gives politics a direction and means politicians may be held accountable through the possibility of legal action if they did not act in accordance with these goals. However, it remains to be seen how this would play out in practice.
The first big change, according to Heuschling, is somewhat inconspicuous, but nevertheless important: the new document is significantly better written than its predecessor.
The second is the modernisation of Luxembourg’s monarchy. The constitution now allows for the Grand Duke to be deposed in the event he exceeds his powers - a radical modern change, says Heuschling. The same applies to the competence to reject the next Grand Duke, if the government is of the opinion that he is not able to meet the requirements.
There were possibilities to go further in terms of direct democracy, the lawyer explained, adding that it was a shame the referendum on the constitution had only been consultative. He expressed disappointment at the fact that the new constitution does not explicitly state that the will of the people should be binding.
One question left open with the new publication is what should happen in situations where the new constitution comes into direct conflict with other fundamental rights, such as international law.
Despite the reformed constitution being split across four texts, it is still a substantially new constitution, merged into one text. Heuschling describes it as the constitution of 17 January 2023. Legally speaking, a referendum would not have been necessary for the new constitution to come into force, even if Luxembourg’s four major parties had actually committed themselves to it.
“Today, Luxembourg is getting one of the most modern constitutions in Europe,” Chamber President Fernand Etgen declared on the steps of the Chamber on Saturday. In an accompanying speech, Mars Di Bartolomeo, president of the constitutional committee, described it as an evolution, rather than a revolution, as 50% of the text had been carried over from the previous constitution.
After the constitution was repeatedly adjusted over the years, the sections covering citizens’ basic rights, and the functioning of the state and its institutions, have now been completely revised. To celebrate this, the Grand Duke unveiled a plaque outside parliament, alongside the President of the Chamber. Afterwards, the official signing of the new constitution by the Grand Duke took place in the Chamber.
As a new pillar of citizen participation, the voters can, under various conditions, submit a legislative proposal, among other changes.
The entry into force of the constitution is a moment that Dr. Eric Sassel has been waiting for. He told RTL that he and many of his colleagues believe patients’ rights must be strengthened, with plans to submit a new bill containing their proposals. “There must be better controls in place,” he said. Doctors have observed that many patients with invisible, but serious illnesses, including mental illness, are not recognised as being sick. In order to encourage further dialogue between doctors and specialists, the proposals contain plans for a mediation centre.
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