THE GRAND DUCHY OF LUXEMBOURG

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THE GRAND DUCHY OFLUXEMBOURG
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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 km2
• Its population 483 800 inhabitants, among whom
  205 000 foreigners (42)
• The present Grand Duke is Henri Ist

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LOCAL GOVERNMENT (1) Decentralization

• one sole tier of local government
• 116 COMMUNES
• Constitution (art. 107)
• 1988 Local Government Act
  

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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

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LOCAL GOVERNMENT (3) The Municipal Council

• The local councillors are directly elected by
  citizens for a 6-year-term starting from
• January 1st 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
  
  optional

Eventually financed by central government and
controlled by the Ministry of Interior or the
district commissioner
Exclusive Law and order, public health,
special police force
Shared with central government Main sectors
(education, environment)
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LOCAL GOVERNMENT (4) The Municipal Council
NUMBER OF COUNCILLORS

Number of inhabitants lt 999 1,000 -2,999 3,000 - 5,999 6,000 9,999 10,000-14,999 15,000 19,999 20,000
Number of councillors 7 9 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).

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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 Duke, selected among
Luxembourg-citizens in the Council (Local
Government Act, Art. 39)
10,000-19,999 inhab. 3 aldermen
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 councils decisions)

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LOCAL AUTHORITY (6) The Burgmaster
Role to enact rules and regulations related to
the police force, under the District
Commissioners 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.)

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LOCAL AUTHORITY (7) Local resources

• 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 Interiors approval.
• The municipal council proceeds by secret votes.
• Local councils 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

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LOCAL AUTHORITY (8) Communal administration (1)
How to recruit a member of local government
staff?

1. A position has to be declared vacant
2. Job vacancies are advertised (with application
   deadline)
3. Candidates are legally checked
4. Candidates have to pass exams
5. Results and marks are published by the Ministry
   of Interior
6. 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

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LOCAL AUTHORITY (9) Communal administration (2)
In each commune

• The Chief-Executive is responsible for all kinds
  of correspondence that is linked
• with the communes 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

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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 land
  properties, taxes
  revenues from
• 
  and subsidies
  central government
• 33
  33
  33

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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