THE GRAND DUCHY OF LUXEMBOURG THE GRAND DUCHY

THE GRAND DUCHY OF LUXEMBOURG

THE GRAND DUCHY OF LUXEMBOURG • The Capital-city: Luxembourg • A hereditary duchy with a unicameral parliamentary system • An independent state since the London Treaty (April 1839) • Its neighbouring countries : Germany, Belgium, France • Its area: 2 586 km 2 • Its population: 483 800 inhabitants, among whom 205 000 foreigners (42%) • The present Grand Duke is Henri Ist

LOCAL GOVERNMENT (1) Decentralization one sole tier of local government 116 COMMUNES Constitution (art. 107) 1988 Local Government Act

LOCAL GOVERNMENT (2) The Communes Each of the 116 communes are public authorities : • they manage their own goods and properties – • they raise their own taxes • their local councils are controlled by the District Commissioners who are appointed by the Ministry of Interior COMMUNE Municipal Council Board of the Burgmaster and aldermen Burgmaster

LOCAL GOVERNMENT (3) The Municipal Council • The local councillors are directly elected by citizens for a 6 -year-term starting from January 1 st following the election. They represent the deliberative body. • Their duty: to manage every affair that is related to their commune • Their power: to regulate the police force 2 TYPES OF RESPONSIBILITY mandatory Exclusive Law and order, public health, special police force optional Shared with central government: Main sectors (education, environment…) Eventually financed by central government and controlled by the Ministry of Interior or the district commissioner

LOCAL GOVERNMENT (4) The Municipal Council NUMBER OF COUNCILLORS Number of inhabitants < 999 Number of councillors 7 1, 000 -2, 999 9 3, 000 - 5, 999 6, 000 – 9, 999 10, 000 -14, 999 15, 000 – 19, 999 ≥ 20, 000 11 13 15 17 19 • the Grand Duke has the right to dissolve the council • Election: - principle: proportional list system in smaller communes - in bigger communes over 3, 000 inhabitants, a majority system • Local councillors are prohibited from taking part in any decision made by their council whenever they have a direct or indirect interest in the debated matter (It is an offence of interference).

LOCAL GOVERNMENT (5) Board of the burgmaster and aldermen EXECUTIVE BODY OF THE COMMUNE the Burgmaster In all communes, 2 or more aldermen Appointed by the Grand 10, 000 -19, 999 inhab. : 3 Duke, selected among aldermen Luxembourg-citizens in the Council (Local Government Act, Art. 39) Over 20, 000 inhab. : 4 aldermen City of Luxembourg: 6 aldermen Appointed by the Grand Duke in the twelve bigger cities, by the Minister of Interior in all smaller communes • Representatives of government in the commune (all Luxembourg-born councillors) • Election and duties are identical to those of the municipal council • Responsibilities: many (publication and enactment of the council’s decisions…)

LOCAL AUTHORITY (6) The Burgmaster Role: to enact rules and regulations related to the police force, under the District Commissioner’s control. Responsibilities towards the Municipal Council towards central government As a representative of the commune, the burgmaster : • chairs the local council and the board of Aldermen • approves regulations and decrees made by the local council and the board of aldermen, publications, communal acts and correspondences • is in charge of rules and regulations related to the work of the police force (road-traffic, public order, etc. )

LOCAL AUTHORITY (7) Local resources 1) Local government staff: - 1985 Act: status of local government members of staff - 1988 Local Government Act - Art. 30: ‘the local council appoints, revokes and recruits local government officers and employees on the Minister of Interior’s approval’. The municipal council proceeds by secret votes. - Local council’s workmen and technical staff are named by the board of Aldermen - Legal incompatibilities: to be a member of staff in the commune and a member of the local council - In each commune: one chief executive secretary + one tax-collector 2) FINANCES - Taxes Subsidies Equalizing financial system Loans Some other sources of revenue

LOCAL AUTHORITY (8) Communal administration (1) How to recruit a member of local government staff? 1) 2) 3) 4) 5) 6) A position has to be declared vacant Job vacancies are advertised (with application deadline) Candidates are legally checked Candidates have to pass exams Results and marks are published by the Ministry of Interior The list of candidates who passed is proposed to the local councillors who can make their choice. The nomination is carried out by secret vote 7) The final decision is made by the Ministry which approves it or not 8) If agreement is reached, candidates are informed

LOCAL AUTHORITY (9) Communal administration (2) In each commune: • The Chief-Executive is responsible for all kinds of correspondence that is linked with the commune’s duties and responsibilities; he/she writes the minutes of deliberations, etc. • The Tax-Collector is in charge of local finance • Communes over 10, 000 inhabitants must organise a department for technical support (2004 Act, amended): - to enact the Act on municipal utilities and urban development - to prepare and control the technical aspects of projects

LOCAL AUTHORITY (10) Local finances Sources of revenues: • • • Taxes: business tax, financial tax Subsidies: general grants and dedicated subsidies Financial equalisation system Loans (Local Government Act, Art. 106): over 50 000 €, Ministry of Interior has to assess the financial situation and give its approval. Other sources: taxes related to water distribution, waste collection DISTRIBUTION OF REVENUES business tax 33% land properties, taxes and subsidies 33% revenues from central government 33%

CONCLUSION • A well advanced and coherent decentralised process thanks to its one-tiered local government system • Main legal bases: - Article 107 of the Constitution - Local Government Act in 1988