EUROPAM

European Public Accountability Mechanisms

Luxembourg

Country score (European Average*)
  • 56(66) Political Financing
  • 32(53) Financial Disclosure
  • 34(37) Conflict of Interest
  • 29(59) Freedom of Information
  • 62(62) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)45986.99
Population, total582972.00
Urban population (% of total)90.43
Internet users (per 100 people)97.49
Life expectancy at birth (years)82.23
Mean years of schooling (years)12
Global Competitiveness Index5.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Financing of Political Parties Act (2007, amended 2011) and the Election Law 2003 (amended 2015) are the main laws regulating the financing of political parties in Luxembourg.

There are some limits on the private income of political parties. There are no restrictions on donations from foreign interest. There are bans on donations from corporations, trade unions and anonymous donors. There are no limits on the amount that can be donated.

Public funding is available for political parties and is allocated according to the share of votes in the previous election and the number of candidates. There are specific rules regarding how public funding can be used and those rules permit funding to be used for campaign spending and ongoing party activities Indirect funding in the form of postage costs is available.

Aside from bans on vote buying, there are few spending regulations. There are no bans on state resources being used in favour or against a political party or candidate and there are no limits on spending.

Parties are required to provide accounts annually which include information on finances in relation to election campaigns which must be made public and reveal the identity of donors. Accounts are overseen by the Court of Accounts. Sanctions for breaches of provisions of the law are the loss of public funding, forfeiture and criminal law sanctions.


Quantitative Data

Primary Metric

20122015201620172020Trend
Bans and limits on private income6767676767
Public funding5050505050
Regulations on spending2525252525
Reporting, oversight and sanctions8383838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Art. 8. Only the natural persons are authorized to make donations to political parties and to their members. The donations coming from a legal entity are not allowed. The same is applicable to donations made by associations, groups or bodies that do not have a legal personality. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on corporate donations to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on donations from corporations with government contracts to political parties? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)
Is there a ban on donations from corporations with government contracts to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011 )
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))
Is there a ban on donations from Trade Unions to candidates? Yes. All donations from legal entities banned. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Anonymous donations are forbidden. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))
Is there a ban on anonymous donations to candidates? Yes. Anonymous donations are forbidden. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Art. 8. Only the natural persons are authorized to make donations to political parties and to their members. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))
Is there a ban on any other form of donation? Yes. Donations made by associations, groups or bodies that do not have a legal personality are not allowed. (Loi portant Réglementation du Financement des Partis Politiques, Chapter III, Article 8, 2007, amended 2011))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. The political parties that presented a full list in the four constituencies during the legislative elections and a full list in the unique national constituency during European elections and obtained at least two percent from the total votes both in the four constituencies for national elections as a national average and in the unique national constituency for European elections are entitled, apart from the contribution that they have been allocated in enforcing Chapter IX of the law amended on February 18, 2003, amended 2011, to an annual contribution from the state budget (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates Yes. The political parties that presented a full list in the four constituencies during the legislative elections and a full list in the unique national constituency during European elections and obtained at least two percent from the total votes both in the four constituencies for national elections as a national average and in the unique national constituency for European elections are entitled, apart from the contribution that they have been allocated in enforcing Chapter IX of the law amended on February 18, 2003, amended 2011, to an annual contribution from the state budget (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Equal Yes. determined as follows: 1. lump sum of 100,000 Euros ; (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. 2. an additional amount of 11,500 Euros for each percentage point from the additional votes received during the national elections ; (Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 2, 2007, amended 2011)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 4. electoral expenses; (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 1. operating expenses; (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Earmarking provisions for direct public funding to political parties: Intra-party institution Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 5. contributions to the international organizations and associations ; (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Earmarking provisions for direct public funding to political parties: Other Yes. Art. 4. The funds of the political parties coming from public financing as per the provisions of this law may only be affected by expenditures such as the ones defined in article 13, paragraph 2 in this law and directly related to the objectives defined in the statutes. Art 13 The expenditures account includes: 1. operating expenses; 2. expenses with training, studying and research ; 3. expenses regarding events and publications ; 4. electoral expenses; 5. contributions to the international organizations and associations ; 6. amounts granted to other members of the party ; 7. expenses regarding the movable and immovable assets ; 8. various expenses. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost Yes. Free or subsidised postage cost (Loi Electoral, Chapter IX, Article 92, 2003, amended 2015)
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Fine from 251 to 2000 euros and improsonment from 8 hours to one month (Loi Electoral, Article 97, 2003, amended 2015)
Are there bans on state resources being used in favour or against a political party or candidate? No. Funds are earmarked for electoral expenses, see above Art 4 & 13. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 4 & 13, 2007, amended 2011)
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Art. 12. The central structure of a political party is obliged to approve every year, before July 1, its accounts for the previous accounting year. The accounting year starts on January 1 and ends on December 31 of every year. The accounts approved by the political party bear all revenues and expenditures as well as its assets and liabilities’ status. (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 12, 2007, amended 2011)
Do political parties have to report on their finances in relation to election campaigns? Yes. The expenditures account includes: 4. electoral expenses; (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 13, 2007, amended 2011)
Do candidates have to report on their campaign finances? Yes. Notwithstanding the legal autonomy, every member of a party without exception must declare to the competent national body the donations that it received. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 11, 2007, amended 2011)
Is information in reports from political parties and/​or candidates to be made public? Yes. This data can be consulted freely by any interested person in the Donors of the Chamber of Deputies that publishes the data on its webpage. (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 16, 2007, amended 2011)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Anonymous donations are forbidden. The accounts, as well as the list of donors, are sent to the Court of Accounts to be checked and audited, (Loi portant Réglementation du Financement des Partis Politiques,Chapter IV, Article 8 & 12, 2007, amended 2011)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework (General)
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court Yes. Court of Accounts (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 14, 2007, amended 2011)
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Prime Minister, Minister of State and President of the Chamber of Deputies. (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 14, 2007, amended 2011)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. Court of Accounts - The accounts and balances approved as per articles 11, 12 and 13 are submitted on the month that follows their approval by the competent authority of the political party to the Prime Minister, Minister of State and to the President of the Chamber of Deputies that sends them along with the list of donors to the Court of Accounts to be verified and audited. (Loi portant Réglementation du Financement des Partis Politiques, Chapter IV, Article 14, 2007, amended 2011)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines No. Absent from legal framework
Sanctions for political finance infractions: Loss of public funding Yes. Art. 7. Non-compliance with the obligations stipulated in the previous article entails the suspension of the payments until the remedy of the situation. This can also include the non-compliance of article 15. ( Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 7, 2007, amended 2011))
Sanctions for political finance infractions: Penal/Criminal Yes. Art. 17. False statements related to article 6 lines 2 and 3 as well as the breach of the provisions of articles 8 and 9 line 3 shall be sanctioned according to the provisions of articles 496-1, 496-2 and 496-3 of the Criminal Code. Article 23 lines (2) and (3) of the Criminal procedure code shall be applied. ( Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 17, 2007, amended 2011))
Sanctions for political finance infractions: Forfeiture Yes. Financial aids improperly used shall be returned to the State Treasury. In case of convictions according to article 17, the concerned political party must pay the State Treasury the triple value of the amounts illegally used. ( Loi portant Réglementation du Financement des Partis Politiques, Chapter II, Article 7, 2007, amended 2011))
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Legislation

Law on the implementation of political party financing, 2007, amended 2011 (English)pdf
Electoral Code, 2003, amended 2015 (French)pdf

*Last update: 2017


Financial Disclosure

The majority of Luxembourg’s financial disclosure legislation stems from 2014. Close to no obligatory mechanisms were in place before. With this reform, relatively equal rules apply to Ministers, Members of Parliament and Civil servants. The Code of Conduct (2014, amended 2015) which is an annex to the Standing order of deputies, foresees the disclosure of income from outside employment or assets, gifts, private firm ownership and board membership for both Ministers and MPs. The General Statute for Civil servants (2008, last amended 2016) requires the same disclosures from Civil servants, aside from gifts. Additionally, Civil servants must disclose the profession pursued by their spouse or partner. Aside from this, no financial disclosure on behalf of family members is expected from any public official.

While Ministers and MPs face reprimand, temporary exclusion or deprivation of their allowance in the case of non-filling or making false disclosures, no official filling system exists for Civil servants. Depository and enforcement bodies are not independent with the President taking up this role for Ministers and MPs, and the administrative superior for Civil servants. However declarations made by Ministers and MPs are made publicly available on the homepage of the Chamber of Deputies. No such public scrutiny exists for Civil servants. In addition, a consultative committee has been established which provides guidance in interpreting the new Code of Conduct and makes recommendations on appropriate sanctions to the President.

(Note: The Head of State is a monarch and thus exempted from disclosure laws.)


Quantitative Data

Primary Metric

20122015201620172020Trend
Disclosure items2725252535
Filing frequency1231313131
Sanctions3350505033
Monitoring and Oversight2538383831
Public access to declarations1238383831

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers053535337
Members of Parliament4953535353
Civil servants4040404040

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Head of state is monarch. Legal provisions do not apply. (General)
Income and Assets
Real estate No. Head of state is monarch. Legal provisions do not apply. (General)
Movable assets No. Head of state is monarch. Legal provisions do not apply. (General)
Cash No. Head of state is monarch. Legal provisions do not apply. (General)
Loans and Debts No. Head of state is monarch. Legal provisions do not apply. (General)
Income from outside employment/assets No. Head of state is monarch. Legal provisions do not apply. (General)
Incompatibilities
Gifts received as a public official No. Head of state is monarch. Legal provisions do not apply. (General)
Private firm ownership and/or stock holdings No. Head of state is monarch. Legal provisions do not apply. (General)
Ownership of state-owned enterprises (SOEs) No. Head of state is monarch. Legal provisions do not apply. (General)
Holding government contracts No. Head of state is monarch. Legal provisions do not apply. (General)
Board member, advisor, or company officer of private firm No. Head of state is monarch. Legal provisions do not apply. (General)
Post-employment No. Head of state is monarch. Legal provisions do not apply. (General)
Simultaneously holding policy-making position and policy-executing position No. Head of state is monarch. Legal provisions do not apply. (General)
Participating in official decision-making processes that affect private interests No. Head of state is monarch. Legal provisions do not apply. (General)
Concurrent employment of family members in public sector No. Head of state is monarch. Legal provisions do not apply. (General)

Filing frequency

Filing required upon taking office No. Head of state is monarch. Legal provisions do not apply. (General)
Filing required upon leaving office No. Head of state is monarch. Legal provisions do not apply. (General)
Filing required annually No. Head of state is monarch. Legal provisions do not apply. (General)
Ad hoc filing required upon change in assets or conflicts of interest No. Head of state is monarch. Legal provisions do not apply. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply. (General)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply. (General)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply. (General)

Monitoring and Oversight

Depository body explicitly identified No. Head of state is monarch. Legal provisions do not apply. (General)
Enforcement body explicitly identified No. Head of state is monarch. Legal provisions do not apply. (General)
Some agency assigned responsibility for verifying submission No. Head of state is monarch. Legal provisions do not apply. (General)
Some agency assigned responsibility for verifying accuracy No. Head of state is monarch. Legal provisions do not apply. (General)

Public access to declarations

Public availability No. Head of state is monarch. Legal provisions do not apply. (General)
Timing of information release specified No. Head of state is monarch. Legal provisions do not apply. (General)
Location(s) of access specified No. Head of state is monarch. Legal provisions do not apply. (General)
Cost of access specified No. Head of state is monarch. Legal provisions do not apply. (General)

Ministers

Disclosure items

Spouses and children included in disclosure Yes. The declaration shall include the professional activities which the spouse or partner is engaged in at the time of taking up the business. (Section 5, Art. 8(3), Decree of 14 November 2014 on Ethical Rules for Members of the Government/Règles déontologiques des membres du Gouvernement et leurs devoirs et droits dans l’exercice de la fonction (2014, amended 2015))
Income and Assets
Real estate No. Absent from legal framework. (General)
Movable assets No. Absent from legal framework. (General)
Cash No. Absent from legal framework. (General)
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets Yes. Before taking the oath, the members of the Government shall present to the Prime Minister a list of all the paid activities they have carried out over the ten years preceding their appointment. (Section 5, Art. 8(1), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Incompatibilities
Gifts received as a public official Yes. Members of the Government shall inform the Prime Minister of any gifts or offers of hospitality accepted in accordance with Article 16, indicating the name of the donor, the date and the occasion on which they received the gift or the offer of hospitality, a description of the gift or offer of hospitality and an indication of its value as such than they estimated." This information shall be communicated to the Prime Minister without delay after the acceptance of the gift, respectively, at the end of the event or trip. The information is recorded in a register kept by the Prime Minister's Protocol Department. The register is published on the Government's website. (Section 8, Art.18, Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Private firm ownership and/or stock holdings Yes. Any form of individual financial participation in the form of shares or other securities in the capital of a company shall be declared (Section 5, Art. 8(2), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Any form of individual financial participation in the form of shares or other securities in the capital of a company shall be declared (Section 5, Art. 8(2), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. Section 5, Art.8(2), Règles déontologiques des membres du Gouvernement et leurs devoirs et droits dans l’exercice de la fonction (2014, amended 2015) (Section 5, Art. 8(2), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests Yes. Deputies are not allowed to become involved in a situation or follow a cause only because of thier personal interest. A conflict of interest must be publicly declared before the deputy is allowed to speak or vote on the matter. He is responsible of resolving the conflict himself or, when in doubt, may consult the President. The law does not explicitly forbid voting on the matter, but offers a flexible handling of such a situation. (Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. Before the swearing-in ceremony, the members of the Government shall present to the Prime Minister (Section 5, Art. 8(2), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Filing required upon leaving office No. Absent from legal framework. (General)
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest Yes. Each member of the Government shall proceed as soon as possible to update the list in the event of changes concerning information referred to in paragraphs 2 and 3 (Section 5, Art. 8(5), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework. (General)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework. (General)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework. (General)

Monitoring and Oversight

Depository body explicitly identified Yes. Declarations are submitted to the Prime Minister (Section 5, Art. 8(2), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Enforcement body explicitly identified No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying submission No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework. (General)

Public access to declarations

Public availability Yes. The information provided in the declarations shall be published as an annex to the biographical notes of each member of the Government (Section 5, Art. 8(4), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Timing of information release specified No. Absent from legal framework. (General)
Location(s) of access specified Yes. The Internet site of the government (Section 5, Art. 8(4), Decree of 14 November 2014 on Ethical Rules for Members of the Government (2014, amended 2015))
Cost of access specified No. Absent from legal framework. (General)

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework. (General)
Income and Assets
Real estate No. Absent from legal framework. (General)
Movable assets No. Absent from legal framework. (General)
Cash No. Absent from legal framework. (General)
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets Yes. Deputies must declare any regular paid employment exercised next to his functions, either as an employee or self-employed. They must also delcare any occasional renumerated activity of the total renumeration exceeds 5,000 EUR. Income is declared with the help of four categories (5.000-10.000 EUR/year, 1.001 - 50.000 EUR/year, 50.001-100.000 EUR/year, over 100.000 EUR/year. (Art. 4 (2), Standing Orders of the Chamber of Deputies/Rčglement de la chambre des députés, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests/Code de conduite des députés luxembourgeois en matičre d'intéręts financiers et de conflits d'intéręts (amended 2020))
Incompatibilities
Gifts received as a public official Yes. Gifts worth over 150 EUR may not be accepted. An offer of a gift over 150 EUR is to be reported to the President (The President reports it to the Bureau.) Gifts by public officials visiting from abroad are exempted. (Art. 6, Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Private firm ownership and/or stock holdings Yes. A holding in a company or partnership must be disclosed "where there are potential public policy implications or where that holding gives the member significant influence over the affairs of the body in question." (Art. 4 (2), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. Participation in committees or corporate boards, non-governmental organizations or associations must be disclosed. (Art. 4 (2), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests Yes. Deputies are not allowed to become involved in a situation or follow a cause only because of thier personal interest. A conflict of interest must be publicly declared before the deputy is allowed to speak or vote on the matter. He is responsible of resolving the conflict himself or, when in doubt, may consult the President. The law does not explicitly forbid voting on the matter, but offers a flexible handling of such a situation. (Art. 1c, Art 3 (2), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. A declaration must be submitted to the President within 30 days after taking office. (Art. 4 (1), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Filing required upon leaving office No. Absent from legal framework. (General)
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest Yes. When a change in circumstances concerning the declaration arises, the President must be informed within 30 days of the change. (Art. 4 (1), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework. (General)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. "paragraph 1 refers to the code of conduct being “breached”, this may be any failure, including failure to submit certain information/declarations or the submission of inaccurate or false declarations. Paragraph 4 refers to Article 50 of the Rules of Procedure of the Chamber of Deputies, which provides for the following measures: a) reprimand; b) reprimand and temporary exclusion from the Chamber entailing deprivation of the allowance payable to the MP." (Art. 50, Standing Orders of the Chamber of Deputies, and Art. 8.6, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2019) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. "paragraph 1 refers to the code of conduct being “breached”, this may be any failure, including failure to submit certain information/declarations or the submission of inaccurate or false declarations. Paragraph 4 refers to Article 50 of the Rules of Procedure of the Chamber of Deputies, which provides for the following measures: a) reprimand; b) reprimand and temporary exclusion from the Chamber entailing deprivation of the allowance payable to the MP." (Art. 50, Standing Orders of the Chamber of Deputies, and Art. 8.6, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2019) )

Monitoring and Oversight

Depository body explicitly identified Yes. Declarations are submitted to the President (Art. 4 (1), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Enforcement body explicitly identified Yes. The Advisory Committe or "comité consultatif" is estbalished for providing guidance on the interpretation of the Code of Conduct. If there is a suspicion of a violation, Any citizen can bring such violation to the attention of the speaker of the House. Then, the Advisory Committee analyses teh case and formulates a recommendation on appropriate measures. The final sanctions are decided upon by the Speaker of the House. Sanctions foreseen in the Code of Conduct range from public blaming (oral or in written form) to the exclusion from particular meetings to up to six months, and being blocked from several higher positions. (Art. 8 (2) (3) (4), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Some agency assigned responsibility for verifying submission No. As the comité consultatif has only an advisory function, this task rests with the Speaker of the House (General)
Some agency assigned responsibility for verifying accuracy No. As the comité consultatif has only an advisory function, this task rests with the Speaker of the House. (General)

Public access to declarations

Public availability Yes. The information provided in the declarations is is presented on the homepage of the Chamber of Deputies in an "easily accessible" form. (Art. 4 (3), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))
Timing of information release specified No. Absent from legal framework. (General)
Cost of access specified Yes. The homepage of the Chamber of Deputies is public and demands no access costs. (Art. 4 (3), Standing Orders of the Chamber of Deputies, Annex: Code of Conduct of deputies concerning financial interests and conflict of interests (2009, amended 2020))

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Civil Servants must declare to the government al professional activity carried out by their spouse or partner. If the responsible minister considers that there is a conflict of interest that cannot be avoided, the civil servant is moved to another unit. (Art. 14 (4), General statute for civil servants/Fonctionnaires de l'état Statut général (adopted 1979, amended 2019))
Income and Assets
Real estate No. Absent from legal framework. (General)
Movable assets No. Absent from legal framework. (General)
Cash No. Absent from legal framework. (General)
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets Yes. Civil servants may not take up another employment which would challenge their integrity or committtment if exercising their job. Any additional employment must be approved of by the responsible Minister first. (Arts. 5 and 14 (1) (2), General statute for civil servants (adopted 1979, amended 2019))
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. Civil servants may not have any interest in any legal entities or firms which are controlled or regulated by his or her administration. Any participation in a firm, or the supervision of the firm must be approved of by the responsible Minister. (Arts. 6 and 14 (3), General statute for civil servants (adopted 1979, amended 2019))
Ownership of state-owned enterprises (SOEs) Yes. Civil servants may not have any interest in any legal entities or firms which are controlled or regulated by his or her administration. Any participation in a firm, or the supervision of the firm must be approved of by the responsible Minister. Civil servants may only hold a renumerated position in the public service if approved of by the responsible Minister. (Arts. 6, 7 and 14 (3), General statute for civil servants (adopted 1979, amended 2019))
Holding government contracts Yes. Civil servants may only hold a renumerated position in the public service if approved of by the responsible Minister. (Art. 7, General statute for civil servants (adopted 1979, amended 2019))
Board member, advisor, or company officer of private firm Yes. Civil servants may not have any interest in any legal entities or firms which are controlled or regulated by his or her administration. Any participation in a firm, or the supervision of the firm must be approved of by the responsible Minister. (Arts. 6 and 14 (3), General statute for civil servants (adopted 1979, amended 2019))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests Yes. No specification, except that potential conflict of interest must be declared to the superior. (Art. 15, General statute for civil servants (adopted 1979, amended 2019))
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office No. Absent from legal framework. (General)
Filing required upon leaving office No. Absent from legal framework. (General)
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest Yes. Conflicts of interest must be reported and approved by the responsible Minister as they arise. (Art. 15, General statute for civil servants (adopted 1979, amended 2019))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. No filling system exists. (General)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Possible disciplinary sanctions, namely a warning, reprimand and fines. Judgement is up to the disciplinary committee depending on how grave the violation is. (Arts. 44 and 47, General statute for civil servants (adopted 1979, amended 2019))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Possible disciplinary sanctions, namely a warning, reprimand and fines. Judgement is up to the disciplinary committee depending on how grave the violation is. (Arts. 44 and 47, General statute for civil servants (adopted 1979, amended 2019))

Monitoring and Oversight

Depository body explicitly identified Yes. To the extent that laws specify who conflicts of interests or taking up of additional positions must be declared to or approved by. This is either the immediate superior or Minister. (Arts. 6, 7, 14 and 15, General statute for civil servants (adopted 1979, amended 2019))
Enforcement body explicitly identified Yes. In the case of a conflict of interest, civil servants inform their superior who relieves them of the case should independence be compromised. (Art. 15, General statute for civil servants (adopted 1979, amended 2019))
Some agency assigned responsibility for verifying submission No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework. (General)

Public access to declarations

Public availability No. Absent from legal framework. (General)
Timing of information release specified No. Absent from legal framework. (General)
Location(s) of access specified No. Absent from legal framework. (General)
Cost of access specified No. Absent from legal framework. (General)

Legislation

Decree of 14 November 2014 on Ethical Rules for Members of the Government_FRA (French)pdf
Standing Orders of the Chamber of Deputies_FRA (French)pdf
Law Establishing the General Status of Civil Servants of 1979_FRA (French)pdf

*Last update: 2017


Conflict of Interest

Avoiding conflicts of interests is part of the regulation for Ministers and MPs as set down in the Standing order of the Chamber of deputies (2009, last amended 2015), as well as for Civil Servants according to the General Statute for Civil Servants (2008, last amended 2015). For all public officials, firm ownership is only forbidden if the activity of the firm is under the supervision of the agency or if it has a significant impact on the activity of the agency. Ministers and MPs may not accept gifts valued over €150 while Civil servants may not accept gifts which may put them in a conflict with their obligations. Simultaneously holding a policy-making and a policy-executing position is forbidden as to the Electoral Law (2003, last amended 2013). This also specifies that Ministers or MPs may not be gainfully employed by the state. No general restriction is made for officials participating in decisions which may affect private interests.

The President may apply administrative sanctions to Ministers or MPs who violate conflicts of interests. For Civil servants, the enforcement of conflicts of interests law falls on the Disciplinary Committee. It may stipulate administrative or penal sanctions. No body or agency is responsible for monitoring or providing guidance as to conflicts of interests.

(Note: The Head of State is a monarch and thus exempted from conflicts of interests laws.)


Quantitative Data

Primary Metric

20122015201620172020Trend
Restrictions3035353530
Sanctions3333333333
Monitoring and Oversight3838383838

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers3841414138
Members of Parliament3841414138
Civil servants5959595959

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of state is monarch. Legal provisions do not apply. (General)
Accepting gifts No. Head of state is monarch. Legal provisions do not apply. (General)
Private firm ownership and/or stock holdings No. Head of state is monarch. Legal provisions do not apply. (General)
Ownership of state-owned enterprises (SOEs) No. Head of state is monarch. Legal provisions do not apply. (General)
Holding government contracts No. Head of state is monarch. Legal provisions do not apply. (General)
Board member, advisor, or company officer of private firm No. Head of state is monarch. Legal provisions do not apply. (General)
Post-employment No. Head of state is monarch. Legal provisions do not apply. (General)
Simultaneously holding policy-making position and policy-executing position No. Head of state is monarch. Legal provisions do not apply. (General)
Participating in official decision-making processes that affect private interests No. Head of state is monarch. Legal provisions do not apply. (General)
Assisting family or friends in obtaining employment in public sector No. Head of state is monarch. Legal provisions do not apply. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of state is monarch. Legal provisions do not apply. (General)
Enforcement body specified (sanctions, hearings) No. Head of state is monarch. Legal provisions do not apply. (General)

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. An employee may not solicit, accept or be promised from any source, directly or indirectly, material benefits whose acceptance could put him in conflict with the obligations and defenses imposed on it by laws and regulations including the this Statute. (Article 10(3) Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011))
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) Yes. Candidates for deputy may not be gainfully employed by the state in any way (Article 129 Electoral Law (2003, last amended 2013))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm No. Absent from legal framework. (General)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Being a deputy is incompatible with being a civil servant. It is allowed to be active on several governmental levels, but income from the second political office must be declared. (Article 17 Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011) Article 129 Electoral Law (2003, last amended 2003))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penalties are up to the discretion of the President of the Advisory Commitee, and they range from warning, reprimand to fine not exceeding one-fifth of gross monthly basic salary (Article 51 Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. President of the Advisory Commitee impose sanctions (Article 51 Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011))

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. An employee may not solicit, accept or be promised from any source, directly or indirectly, material benefits whose acceptance could put him in conflict with the obligations and defenses imposed on it by laws and regulations including the this Statute. (Article 10(3) Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011))
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) Yes. Candidates for deputy may not be gainfully employed by the state in any way (Article 129 Electoral Law (2003, last amended 2003))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm No. Absent from legal framework. (General)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Being a deputy is incompatible with being a civil servant. It is allowed to be active on several governmental levels, but income from the second political office must be declared. (Article 17 Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011) Article 129 Electoral Law (2003, last amended 2003))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Penalties are up to the discretion of the President, and they range from warning, reprimand to fine not exceeding one-fifth of gross monthly basic salary (Article 51 Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. President of the Advisory Commitee impose sanctions (Article 51 Staff Regulations of officials of the Chamber of Deputies (2009, last amended 2011))

Civil servants

Restrictions

General restriction on conflict of interest Yes. Avoiding conflicts of interest is part of the civil servants' duties. (Article 14 General Statute of Civil Servants (2008, last amended 2011))
Accepting gifts Yes. Civil servants may not accept or support receiving material benefits that may put him in conflict with his obligations. Nomor specific statement is made here though, so judgement on whether a conflict exists or not is at the discretion of the civil servant themselves. (Article 10 (3) General Statute of Civil Servants (2008, last amended 2011))
Private firm ownership and/or stock holdings Yes. It is forbidden for officials to have interest in a firm that is subject to his administrative supervision , including spouses and partners (Article 14 (3, 4, 5, 6) General Statute of Civil Servants (2008, last amended 2011))
Ownership of state-owned enterprises (SOEs) Yes. It is forbidden for officials to have interest in a firm that is subject to his administrative supervision , including spouses and partners (Article 14 (3, 4, 5, 6) General Statute of Civil Servants (2008, last amended 2011))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. It is forbidden for officials to have interest in a firm that is subject to his administrative supervision , including spouses and partners (Article 14 (3, 4, 5, 6) General Statute of Civil Servants (2008, last amended 2011))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Being a civil servant excludes being a deputy (Article 17 General Statute of Civil Servants (2008, last amended 2011))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Depending on judgement by the supervisor and the Disiplinary Committee, either administrative or penal sanctions are put in place, but there is Nospecification as to whether this applies to conflicts of interest specifically, the decision is always individualised. (Article 44 General Statute of Civil Servants (2008, last amended 2011))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Depending on judgement by the supervisor and the Disiplinary Committee, either administrative or penal sanctions are put in place, but ther is Nospecification as to whether this applies to conflicts of interest specifically, the decision is always individualised. (Article 44 General Statute of Civil Servants (2008, last amended 2011))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. Disciplinary Committee (Articles 52-70 General Statute of Civil Servants (2008, last amended 2011))

Legislation

Constitution of the Grand Duchy of Luxembourg of 1868 (French)pdf
Code of Conduct for Members of the Government of 2014 (French)pdf
Electoral Law of 2003 (French)pdf
Rules of the Chamber of Deputies (French)pdf
Law Establishing the General Status of Civil Servants of 1979 (French)pdf

*Last update: 2017


Freedom of Information

The access to information framework in Malta is established by the Freedom of Information Act (2009, amended 2012). The Government and its ministries and departments are included, as well as the parliament. The judiciary is covered although the Attorney General's office is excluded. The law covers bodies or persons which provide services to the public on behalf of the Government or are financed by the Government. However, information held by many public institutions is excluded from the scope of the law, eg Electoral Commission, Employment Commission, National Archives, Public Service Commission, Office of the Attorney General, National Audit Office, Security Service; Broadcasting Authority or the Ombudsman. Information held by these bodies is regulated by other laws.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Official Secrets Act (1923), and Data Protection Act (2002). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

Appeals may be submitted to public authorities through a specific complaint process. Applicants also have the right to seek an investigation and review by the Information and Data Protection Commissioner. Decisions of the Commissioner may be subject to appeal through the Court of Appeal.

The Commissioner can levy fines to those who fail to comply with his/her notices. Destroying evidence with the aim of preventing the disclosure of information to an applicant under the FOIA may also be punishable with imprisonment.

Under the Freedom of Information Act the Minister responsible for FOI and data protection (Minister for Social Dialogue, Consumer Affairs and Civil Liberties), shall issue a code of practice providing guidance to public authorities. The law also allows the Ministry, in consultation with the Information Commissioner, to make regulations on a range of matters of implementation.


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope and Coverage777756
Information access and release000042
Exceptions and Overrides3317171750
Sanctions for non-compliance00000
Monitoring and Oversight00000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Individuals and legal entities have a right of access to documents held by State administrations and services, municipalities, municipal unions, public establishments placed under the supervision of the State or under the supervision of municipalities as well as legal persons providing public services, insofar as the documents relate to the exercise of an administrative activity. They also have access to documents held by the Chamber of Deputies, the Council of State, the Mediator, the Court of Auditors and the Professional Chambers, which relate to the exercise of an administrative activity. (Article 1, Law of September 14, 2018 on a transparent and open administration (last amended 2019))
"Information" or "Documents" is defined No. Absent from legal framework
Proactive disclosure is specified Yes. The bodies referred to in Article 1 st , paragraph 1 st , are required to make public documents accessible under this Act. These documents are published using new information and communication technologies. If a document is modified, the published version is updated. (Article 2, Law of September 14, 2018 on a transparent and open administration (last amended 2019))

Coverage of public and private sectors

Executive branch Yes. Individuals and legal entities have a right of access to documents held by State administrations and services, municipalities, municipal unions, public establishments placed under the supervision of the State or under the supervision of municipalities as well as legal persons providing public services, insofar as the documents relate to the exercise of an administrative activity. They also have access to documents held by the Chamber of Deputies, the Council of State, the Mediator, the Court of Auditors and the Professional Chambers, which relate to the exercise of an administrative activity. (Article 1, Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Legislative branch Yes. Individuals and legal entities have a right of access to documents held by State administrations and services, municipalities, municipal unions, public establishments placed under the supervision of the State or under the supervision of municipalities as well as legal persons providing public services, insofar as the documents relate to the exercise of an administrative activity. They also have access to documents held by the Chamber of Deputies, the Council of State, the Mediator, the Court of Auditors and the Professional Chambers, which relate to the exercise of an administrative activity. (Article 1, Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Judicial branch Yes. Individuals and legal entities have a right of access to documents held by State administrations and services, municipalities, municipal unions, public establishments placed under the supervision of the State or under the supervision of municipalities as well as legal persons providing public services, insofar as the documents relate to the exercise of an administrative activity. They also have access to documents held by the Chamber of Deputies, the Council of State, the Mediator, the Court of Auditors and the Professional Chambers, which relate to the exercise of an administrative activity. (Article 1, Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Other public bodies Yes. Individuals and legal entities have a right of access to documents held by State administrations and services, municipalities, municipal unions, public establishments placed under the supervision of the State or under the supervision of municipalities as well as legal persons providing public services, insofar as the documents relate to the exercise of an administrative activity. They also have access to documents held by the Chamber of Deputies, the Council of State, the Mediator, the Court of Auditors and the Professional Chambers, which relate to the exercise of an administrative activity. (Article 1, Law of September 14, 2018 on a transparent and open administration (last amended 2019))

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. Absent from legal framework (General)
Enacted legal instruments Yes. All treaties and legislation only comes into effect when it has been published according to law. (Art. 37 Constitution of Luxembourg (1868, last amended 2020))
Annual budgets No. Absent from legal framework (General)
Annual chart of accounts (actual expenditures) No. Absent from legal framework (General)
Annual reports of public entities and programs No. Absent from legal framework (General)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Without prejudice to other legal requirements governing access to documents held by the bodies referred to in Article 1 st , paragraph 1 st , they are required to disclose the documents they hold and which are accessible under this law, whatever their medium, to any natural or legal person who requests it without the latter being obliged to assert an interest. (Art.3 of the Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Type of request is specified (written, electronic, oral) Yes. The request for access to a document must be in writing. It must be formulated in a sufficiently precise manner and contain the elements making it possible to identify a document. Applications can be made freely or based on standard forms that are available to the applicant by the organizations referred to in Article 1 st , paragraph 1 st . (Art.4 of the Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework (General)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) No. Absent from legal framework (General)

Deadlines for release of information

20-day response deadline No. The requested document is made available to the applicant as soon as possible and at the latest within one month of receipt of the request by the requested body (Art.5(1) of the Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Agency granted right to extend response time Yes. The period mentioned in paragraph 1 st can be extended by one month if: 1. the volume and complexity of the documents requested are such that the one-month deadline cannot be met; 2. the request is addressed to the body which does not hold the document; 3. the organization must, in application of article 6, conceal or separate the personal data of other persons; 4. the requested document has been deposited in the National Archives; 5. the organization must consult a third party. The applicant is informed as soon as possible, and in any event, before the end of the one-month period, of any extension of the period and of the reasons for such extension. (Art.5(2) of the Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Maximum total response time of no more than 40 days No. The total is 2 months (Art.5 of the Law of September 14, 2018 on a transparent and open administration (last amended 2019))

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Absent from legal framework (General)
Existence of personal privacy/data law Yes. Law on the Protection of Persons with regard to the Processing of Personal Data (2002, last amended 2019) (Law on the Protection of Persons with regard to the Processing of Personal Data, 2018)
Specific exemptions to disclosure Yes. Art. 1, 6 and 7report exemptions to disclosure. (Art.1 of the Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework (General)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. Any person who is opposed to a decision refusing to grant, in whole or in part, his request for communication of a document may apply in writing within one month of the notification of the decision to the Committee on Access to Documents for an opinion. (Art.10 of the Law of September 14, 2018 on a transparent and open administration (last amended 2019))
Judicial appeals mechanism No. Absent from legal framework (General)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)
Fines are specified for violations of disclosure requirements No. Absent from legal framework (General)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework (General)
Public body that is responsible for applying sanctions No. Absent from legal framework (General)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework (General)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework (General)
Reporting of data and/or implementation is required No. Absent from legal framework

Legislation

Amendment No. 406 of 2020_FRA, amending the Constitution (French)pdf
Amendment No. 831 of 2019_FRA, amending the Constitution (French)pdf
Constitution of the Grand Duchy of Luxembourg of 1868_FRA (French)pdf
Law on the Protection of Persons with regard to the Processing of Personal Data of 2018_FRA (French)pdf
Law of 14 September 2018 on Transparent and Open Administration_FRA (French)pdf

*Last update: 2017


Public Procurement

The Luxembourgish public procurement system is regulated primarily by the Public Markets Act 2009, but there is additional legislation regarding public procurement tenders. The public procurement body is the Department of Public Works under the Ministry of Sustainable Development and Infrastructure.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 135,000 for goods

▪         EUR 5,225,000 for works

▪         EUR 135,000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 40 days for restricted procedures and 37 for negotiated procedures from dispatch date. There is no information on whether the final beneficial owners have to be disclosed when placing a bid or not.

There is possibility for preferential treatment, as sustainability considerations can be part of the award criteria. However, there are several options for bid exclusion: criminal acts (participating in a criminal organization, corruption, bribery, money laundering affecting the chiefs or other persons with power to represent, decide or control the firm), convictions for bankruptcy. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee and provisions on the independence of the contracting authority in evaluation committee.

There is no payable fee in case of an arbitration procedure, but publication of decisions depends on the court in charge of the procedure (administrative or criminal court).


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope273499
Information availability94949444
Evaluation10010010075
Open competition83838361
Institutional arrangements36363629

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000 (Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000 (Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000 (Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000 (Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 428000. Book III of the Law of 8 April 2018 establishes special rules applicable to procurement procedures in the utility sector concerning contracts and design contests the estimated value of which is equal to or exceeds EU thresholds. Since contracts in the utility sector are expressly excluded from the application of the provisions of Book I (Art. 54), applicable thresholds are EU thresholds. (Law of 8 April 2018, as amended in 2018, Arts. 54, 84 (1) (2) and 98 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 206 Notice of the Ministry of Mobility and Works of 16 December 2019 (as of 2020), Section B)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 1. Book I of Law of 8 April 2018 applies to the award of public contracts and to competitions organized in the fields of defense and security if they are not covered by Law of 26 December 2012, which applies to contracts with a value equal to or above EU thresholds. Complementary to Law of 26 December 2012, Book II of Law of 8 April 2018 also applies to above EU thresholds contracts. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. (Law of 8 April 2018, as amended in 2018, Arts. 1 (2), 17, 20 (1) a) (3), 52 and 59 Law of 26 December 2012 (as of 2020), Art. 8)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000 (Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000 (Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000 (Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authorities offer, by electronic means, free, unrestricted, full and direct access to procurement documents, in accordance with the terms provided for by the Grand-Ducal Regulation on the use of electronic means in public procurement procedures. This provision will be made from the date of publication of a contract notice or from the date of dispatch of the invitation to confirm interest. The text of the notice or the invitation to confirm interest specifies the internet address at which the contract documents are accessible. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 51, 53 and 162 (1))
Are any of these documents published online at a central place? Yes. As a rule, contracting authorities make an electronic version of the tender dossier available on the Public Procurement Portal. It is maintained by the Ministry of Mobility and Works and used for the electronic provision of tender documents, for the electronic submission of tenders and applications, and for any communication or notification throughout the procedure. It can be found at: https://marches.public.lu/fr.html (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 44 (4) and 270)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. Contracting authorities keep track of the progress of all procurement procedures, whether or not they are conducted by electronic means. To this end, they keep sufficient documents to justify the decisions taken at all stages of the procurement procedure, in particular documents concerning exchanges with economic operators and internal deliberations, the preparation of procurement documents, the dialogue or negotiation where appropriate, selection and award of the contract. These documents are kept at least for a period of three years from the date of award of the contract. In addition, contracting authorities shall keep, at least during the duration of the contracts, copies of all contracts concluded whose value is equal to or greater than: a) EUR 1,000,000 for public supply or service contracts; b) EUR 10,000,000 for public works contracts. The contracting authorities shall give access to these contracts; however, access to documents or particular items of information may be refused to the extent and under the conditions provided for by the applicable rules on access to documents and data protection. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 160 (5), 191 (2), 194, 195 (2), 219 (5), 256 and 257 (2))
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. In the case of framework agreements concluded in accordance with Articles 22 (general procurement) and 130 (utilities sector) of the Law of 8 April 2018, contracting entities are not obliged to send a notice regarding the results of the award procedure for each procurement based on the agreement. Rather, contracting entities may consolidate on a quarterly basis the notices on the results (award notices) of the procurement procedure based on the framework agreement. In this case, the contracting entities send these consolidated notices for publication no later than 30 days after the end of each quarter. Conversely, in the defence and security sector, contracting authorities are exempt from sending a notice on the results of the award of each contract based on the framework agreement. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 158 (2) and 217 (2) Law of 26 December 2012 (as of 2020), Art. 30 (3))

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. It is mandatory for bidders to disclose information about subcontractors to contracting authorites, particularly upon request. However, there is no specific rule on making this information public. In that sense, when submitting their tender, the bidder must, under penalty of inadmissibility, attach to their tender a list of the subcontractors they will rely on for the realization of the work, as well as the pre-subcontract(s) that the bidder must have concluded with the companies concerned. The bidder also attaches to the tender the documents enabling the contracting authority to verify the existence of grounds for exclusion on the part of the proposed subcontractors, in accordance with Article 29 (7) of Law of 8 April 2018. With regard to works contracts and services which must be provided in premises under the direct supervision of the contracting authority, after the award of the contract and, at the latest, at the start of performance of the contract, the contracting authority requires the main contractor to provide it with the name, contact details and legal representatives of its subcontractors involved in this work or in the provision of these services to the extent that this information is known at this stage. Additionally, the individual reports on contract award procedure should include information on subcontractors. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 24 (2), 105 (2), 195 (1) d), 259, Annex II Part D and Annex XIII)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. General.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Unless justified by the subject of the contract, the technical specifications do not refer to a specific manufacture or provenance or to a particular process, which characterizes the products or services supplied by a specific economic operator, nor to a mark, a patent, a type, an origin or a specific production which would have the effect of favoring or eliminating certain companies or certain products. This reference is authorized, on an exceptional basis, in the event that it is not possible to provide a sufficiently precise and intelligible description of the subject of the contract in application of paragraph 3. Such a reference is accompanied by the words "or equivalent" . (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 16 (4) and 207 (4) Law of 26 December 2012 (as of 2020), Art. 18 (8))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No.
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) Yes . By way of derogation from the provisions of Article 35 of Law 8 April of 2018, the college of mayors and aldermen or the body empowered to engage the public establishment placed under the supervision of the municipalities, respectively, may, when the total amount of the contract to be concluded does not exceed EUR 20,000, excluding VAT, award the contract to a tenderer/competitor resident in the municipality, provided that the price offered by the local competitor does not exceed by more than 5% that of the most economically advantageous tender or that of the tender at the lowest price. (Law of 8 April 2018, as amended in 2018, Art. 49 )
Is there a specific set of rules for green/sustainable procurement? Yes. When awarding public contracts, contracting authorities take into account aspects and problems relating to the environment and the promotion of sustainable development. With that in mind, contracting authorities may decide not to award a contract to the tenderer who submitted the economically most advantageous tender when they have established that this tender does not comply with the applicable obligations in the fields of environmental, social and labor law. Contracting authorities may also request the production of certificates drawn up by independent bodies, attesting that the economic operator complies with certain environmental management systems or standards, in accordance with the requirements of Article 32 (2) of Law of 8 April 2018. Moreover, in the performance of public contracts, economic operators comply with the applicable obligations in the fields of environmental, social and labor law, and they take the appropriate measures to ensure that their subcontractors are also compliant. Contracting authorities may lay down special conditions concerning the performance of a contract provided that they are linked to the subject of the contract and indicated in the call for competition or in procurement documents. These conditions may take into account considerations relating to the economy, innovation, the environment, the social field or employment. (Law of 8 April 2018, as amended in 2018, Arts. 12 (2), 28 (1), 32, 35 (2), 37, 42, 118 (2), 137 (5), 142, 143, 145 and 154 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 21 (2), 25, 27, 102 and 258)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Main allowable grounds for tenderer exclusion include: 1. conviction for: a) bankruptcy; b) belonging to criminal organisation; c) corruption; d) swindling or deception; e) money laundering and terrorism financing; f) infringement of rules on the sale of medicinal substances; g) child labour and human trafficking; 2. failure by the economic operator to comply with its obligations relating to the payment of taxes or social security contributions; 3. breach of obligations provided for in Article 42 of the Law of 8 April 2018; 4. the economic operator is in a state of bankruptcy or is the subject of insolvency or liquidation proceedings; 4. professional misconduct on the part of the economic operator; 5. distortion of competition; 6. conflict of interests; 7. the economic operator is guilty of false declaration; and 8. the economic operator has undertaken to unduly influence the decision-making process of the contracting authority. (Law of 8 April 2018, as amended in 2018, Arts. 29 and 141)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. Contracting authorities require economic operators to explain the price or costs proposed in the tender when the latter seems abnormally low in relation to the works, supplies or services. The contracting authority evaluates the information provided by consulting the tenderer. He may reject the tender only if the evidence provided does not satisfactorily explain the low level of the price or costs offered, taking into account the elements referred to in paragraph 2 or if the tenderer does not respond to the request of the contracting authority within the time limit. Contracting authorities shall reject the tender if they establish that it is abnormally low because it contravenes the applicable obligations in the fields of environmental, social and labor law. Furthermore, in the utilities sector, any tender submitted for the award of a supply contract may be rejected where the proportion of products from third countries, determined in accordance with EC Regulation 952/2013 of the European Parliament and of the Council exceeds 50% of the total value of the products making up this offer. (Law of 8 April 2018, as amended in 2018, Arts. 38, 146 and 147 (2) Law of 26 December 2012 (as of 2020), Art. 49)
Is scoring criteria published? Yes. The contracting authority specifies, in the contract documents, the relative weighting that it attributes to each of the criteria chosen to determine the economically most advantageous tender, except when it is determined solely on the basis of price. This weighting can be expressed by providing a range with an appropriate maximum deviation. When weighting is not possible for objective reasons, the contracting authority indicates the criteria in decreasing order of importance. (Law of 8 April 2018, as amended in 2018, Arts. 28 (1) and 35 (5) Law of 26 December 2012 (as of 2020), Art. 35 (5) e))
Are decisions always made by a committee? No. The Tender Commission established by Article 159 of Law of 8 April 2018 assumes, either at the request or with the agreement of the competent ministers, any particular advisory mission directly or indirectly related to the preparation of tender documents, the award of public contracts, execution and control. In that sense, it is not an evaluation committee, but an advisory/oversight body. Other than that, design contests are decided by a jury. (Law of 8 April 2018, as amended in 2018, Arts. 81 and 159 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 262 and 267 (5))
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Contracting authorities shall take appropriate measures to prevent, detect and effectively correct conflicts of interest arising during procurement procedures, in order to avoid any distortion of competition and to ensure equal treatment of all economic operators. The concept of conflict of interest covers at least any situation in which members of the staff of the contracting authority or of a procurement service provider acting on behalf of the contracting authority who participate in the conduct of the procedure or are likely to influence the outcome have, directly or indirectly, a financial, economic or other personal interest which could be perceived as compromising their impartiality or their independence in the context of the procurement procedure. (Law of 8 April 2018, as amended in 2018, Arts. 13)
Is some part of evaluation committee mandatorily independent of contracting authority? No.
Are scoring results publicly available? No. The contracting authority informs, in writing and as soon as possible, competitors whose offers were not successful that it is not making use of their offer, indicating the reasons for not taking it into consideration. However, award notices (published in relation to contracts with a value that exceeds EU thresholds) do not contain information on scoring results. The Law is unclear about information contained in award notices concerning below EU thresholds contracts. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 97 (1), 152, 158 (1) and 217 (1), Annexes II Part D and XIII Law of 26 December 2012 (as of 2020), Art. 30 (3))
Does the law specify under which conditions the tender can be cancelled? Yes. Without prejudice to other grounds for invalidity, a procurement procedure may be canceled for the following reasons: a) if none of the tenders meet the prescribed conditions or if the contracting authority has considered the tender not to have given a satisfactory result. In the latter case, the contracting authority must take the opinion of the Tender Commission prior to the cancellation; b) if it is established that the tenderers, in defiance of commercial honesty, concerted to establish their price; c) whether, as a result of unforeseen circumstances, the basis for the procurement has undergone substantial changes; d) if all the tenders likely to be accepted have been withdrawn at the end of the time limit for awarding the contract; e) if it has been recognized that substantial errors are contained in the tender dossier or that decisively influencing irregularities have been found in the preparation of tenders; f) if it is established that third parties have obstructed or disturbed the liberty of the tenderers by violence or threats either before or during the tenders. Without prejudice to Article 20 (1) b) of the Law of 8 April 2018, after cancellation of an open procedure, the contract will be awarded according to the rules of a new open procedure. (Law of 8 April 2018, as amended in 2018, Arts. 39 (3) and 40 Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 94 (3))

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. All open and restricted procedures with publication of notices are published electronically on the Public Procurement Portal ( https://marches.public.lu/fr.html), and announced through local press. The contract notice will also be published in the OJEU/TED for contracts above EU thresholds. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 44 Law of 26 December 2012 (as of 2020), Art. 31 and 32)
Does the law specify the location for publicizing restricted calls for tenders? Yes. All open and restricted procedures with publication of notices are published electronically on the Public Procurement Portal ( https://marches.public.lu/fr.html), and announced through local press. The contract notice will also be published in the OJEU/TED for contracts above EU thresholds. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 44 Law of 26 December 2012 (as of 2020), Art. 31 and 32)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. All open and restricted procedures with publication of notices are published electronically on the Public Procurement Portal ( https://marches.public.lu/fr.html), and announced through local press. The contract notice will also be published in the OJEU/TED for contracts above EU thresholds. However, in the specific case of a negotiated procedure under Article 20 (1) a) of the Law of 8 April 2018, if the contracting authority does not know a sufficient number of qualified economic operators, it gives adequate publication to projects that other interested competitors may apply to be admitted to tender. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 44 Law of 26 December 2012 (as of 2020), Art. 31 and 32)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. In the restricted procedure, the minimum number of candidates is five. In the competitive procedure with negotiation, the competitive dialogue and the innovation partnership, the minimum number of candidates is three. In any event, the number of invited candidates must be sufficient to ensure genuine competition. (Law of 8 April 2018, as amended in 2018, Art. 74 (2))
What is the minimum number of bidders for negotiated procedures? General. In the restricted procedure, the minimum number of candidates is five. In the competitive procedure with negotiation, the competitive dialogue and the innovation partnership, the minimum number of candidates is three. In any event, the number of invited candidates must be sufficient to ensure genuine competition. (Law of 8 April 2018, as amended in 2018, Art. 74 (2))
What is the minimum number of bidders for competitive dialogue procedures? General. In the restricted procedure, the minimum number of candidates is five. In the competitive procedure with negotiation, the competitive dialogue and the innovation partnership, the minimum number of candidates is three. In any event, the number of invited candidates must be sufficient to ensure genuine competition. (Law of 8 April 2018, as amended in 2018, Art. 74 (2))

Bidding period length

What are the minimum number of days for open procedures? General. There is no specified minimum for contracts below EU thresholds. The Law stipulates that, in setting the time limits for receipt of tenders and requests to participate, contracting authorities take into account the complexity of the contract and the time required to prepare the tenders. Between the publication of the contract notice and the date fixed for the submission of tenders, there must be sufficient time to allow tenderers to obtain information, prepare and calculate their tender without haste and to validly meet the requirements of the special specifications, in particular as regards the production of samples, certificates or tests. However, for major works, supplies or services, this period must be at least 42 days. In the case of works, supplies or services of less importance or in an emergency, this period may be reduced to at least 27 days. It is not clear, though, what a "major" contract is. For contracts above EU thresholds, the minimum applicable is 35 days. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 46, 48, 164 and 222)
What are the minimum number of days for restricted procedures? General. Concerning restricted procedures with prior notice below EU thresholds, the deadline for receiving applications must be at least 22 days from the publication of notice on the public procurement portal. For contracts above EU thresholds, the minimum number of days is 30 days. Special provisions apply to sub-central contracting authorities who may set the time limit for receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all the selected candidates have the same time to prepare and submit their tenders. In the utilities sector, the deadline for receipt of tenders may be fixed by mutual agreement between the contracting entity and the selected candidates, provided that they all have the same period to prepare and submit their tenders. In the absence of an agreement on the time limit for receipt of tenders, the time limit is not less than 10 days from the date of dispatch of the invitation to tender. Specific minimums apply to the defence sector. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 46, 47 (1), 48, 170 (2), 172 and 228 Law of 26 December 2012 (as of 2020), Art. 34)
What are the minimum number of days for competitive negotiated procedures? General. Below EU thresholds, for major works, supplies or services, this period must be at least 42 days. In the case of works, supplies or services of less importance or in an emergency, this period may be reduced to at least 27 days. These deadlines start to run from the date of publication of the notice on the public procurement portal. For contracts above EU thresholds, the set minimum is 30 days. Special provisions apply to sub-central contracting authorities who may set the time limit for receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all the selected candidates have the same time to prepare and submit their tenders. In the utilities sector, the deadline for receipt of tenders may be fixed by mutual agreement between the contracting entity and the selected candidates, provided that they all have the same period to prepare and submit their tenders. In the absence of an agreement on the time limit for receipt of tenders, the time limit is not less than 10 days from the date of dispatch of the invitation to tender. Specific minimums apply to the defence sector. (Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 46, 178 (2), 180 and 232 Law of 26 December 2012 (as of 2020), Art. 34)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Main exceptions include: 1. public contracts awarded and contests organized under international rules; 2. service contracts awarded on the basis of an exclusive right; 3. public contracts between entities belonging to the public sector; 4. public contracts or to contests the main purpose of which is to enable contracting authorities to make available or operate public communications networks or to provide the public with one or more communication services; 5. public service contracts having as their object: a) the acquisition or rental, whatever the financial terms, of land, existing buildings or other immovable property or concerning rights therein; b) the purchase, development, production or co-production of program material intended for audiovisual or radio media services which have gone through audiovisual or radio media service providers, or for contracts relating to broadcast times or supply programs that are allocated to audiovisual or radio media service providers; 6. arbitration and conciliation services; 7. legal services; 8. financial services related to the issue, sale, purchase or transfer of securities or other financial instruments; 9. employment contracts; 9. civil defense, civil protection and risk prevention services; 10. public passenger transport services by rail or metro; and 11. services linked to political campaigns. (Law of 8 April 2018, as amended in 2018, Arts. 1 (2), 6-8, 54-56, 60, 100-106, 109 and 112 Law of 26 December 2012 (as of 2020), Arts. 12 and 13)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Contracting authorities are: the State, municipalities, bodies governed by public law or associations formed by one or more of these authorities or one or more of these bodies governed by public law (Law of 8 April 2018, as amended in 2018, Art. 2)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open procedure ("procedure ouverte"); restricted procedure ("restreinte"); negotiated procedure ("marché négocié") with or without notice; competitive dialogue ("dialogue compétitif"); innovation partnership ("partenariat d'innovation") (Law of 8 April 2018, as amended in 2018, Arts. 63 (1), 64-69)
Is there a procurement arbitration court dedicated to public procurement cases? No. Appeal procedures before the Administrative Tribunal (general, not specialised in public procurement) are accessible to any person having or having had an interest in obtaining a given contract and having been or likely to be harmed by an alleged violation of Community law or of national law transposing Community law on public contracts. (Law of 10 November 2010, as amended in 2018, Arts. 1 and 3)
Is there a procurement regulatory body dedicated to public procurement? Yes. Tender Commission (Law of 8 April 2018, as amended in 2018, Arts. 159 and 267 (1) (2))
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only relevant provision establishes that where a particular professional qualification is required of participants in the design contest, at least a third of the jury members shall have the same qualification or an equivalent qualification. (Law of 8 April 2018, as amended in 2018, Arts. 81 (2) and 152 (4))
Is disclosure of final, beneficial owners required for placing a bid? No.

Complaints

Is there a fee for arbitration procedure? No. There is no mention in Law of 10 November 2010 about fees that a claimant has to pay when making a claim before the Administrative Tribunal.
Is there a ban on contract signature until arbitration court decision (first instance court)? No. The president of the Administrative Tribunal or the magistrate who replaces them may order provisionally all the necessary measures aimed at correcting the alleged violation or preventing further damage from being caused to the interests concerned, including measures intended to suspend or cause to be suspended the award procedure for the contract in question until the contracting authority or the contracting entity has made the ordered correction. If interim measures are requested by the claimant, the contracting authority or the contracting entity is obliged to postpone the continuation of the competitive process, or even the adjudication decision until notification of the interim order. However, there is no automatic suspension of the tender and ban on contract signature per se. Additionally, the conclusion of the contract following the decision to award a contract falling within the scope of Books II and III of the Law of 8 April 2018 or the scope of the Law of 26 December 2012 may not take place before the expiration of a period of at least 10 days from the day after the day on which the decision to award the contract has been sent to the tenderers and candidates concerned if a fax machine or an electronic means is used or, if other means of communication are used, before the expiry of a period of at least 15 days from the day following the day after where the contract award decision is sent to the tenderers and candidates concerned. Nevertheless, this automatic suspension does not cover the entire period of first instance judgement. (Law of 10 November 2010, as amended in 2018, Arts. 3, 4 (2) and 5)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? N/S. There is no mention in Law of 10 November 2010 about maximum number of days. ( )
Is there a requirement to publicly release arbitration court decisions ? No. The Law only provides that, each year, an authority determined by Grand-Ducal regulation communicates to the European Commission the text of all decisions, accompanied by their reasons, that the appeal bodies have taken. This does not necessarily mean that decisions are made public. In spite of no explicit requirement of publicity contained in the Law, decisions from the Administrative Jurisdiction (Tribunal and Court) can be found online at: https://justice.public.lu/fr/jurisprudence/juridictions-administratives.html (Law of 10 November 2010, as amended in 2018, Art. 19)

Legislation

Grand-Ducal Regulation of 8 April 2018 (French)pdf
Law of 10 November 2010 instituting remedies in public procurement (French)pdf
Law of 26 December 2012 on public procurement for defense and security (French)pdf
Law of 3 July 2018 on the award of concession contracts (French)pdf
Law of 8 April 2018 on public procurement (French)pdf
Notice of the Minister of Mobility and Works of 16 December 2019 on applicable EU thresholds for 2020 (French)pdf

*Last update: 2017