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  • Writer's pictureMoyse & Associates

A step forward for the rule of law: the creation of the National Justice Council

Already a recommendation of the Council of Europe's Venice Commission in 2010, a law establishing a National Council for the Judiciary (hereinafter referred to as the Council) was finally passed in December 2022, after several years of dithering.

The fundamental mission of this body, which came into operation on July 1, is to ensure the smooth running of the justice system through greater transparency, while guaranteeing respect for the independence of the judiciary. In this respect, its remit is manifold.

Firstly, it makes recommendations concerning the recruitment and training of magistrates, and proposes appointments to the Grand Duke, thus ensuring a high level of competence within the judicial system.

In addition, it draws up rules of professional conduct via an Ethics Committee, which is also responsible for monitoring compliance with these rules.

Individuals who feel aggrieved by the conduct of a magistrate in legal proceedings concerning them may submit a complaint to the Council. As the body responsible for magistrates' conduct, the Council can investigate such complaints and take disciplinary action if necessary, thereby helping to maintain magistrates' accountability and reinforce public confidence in the justice system. In the same vein, every citizen is given the opportunity to address the Council with a grievance relating to the general operation of the justice system.

In addition, through its consultative role, the Council can make recommendations with a view to improving the organization and operation of the Council, and of the justice system itself.

Finally, it is important to emphasize that, in full respect for the independence of the judicial system, the Council exercises each of its functions without ever interfering, directly or indirectly, in any legal proceedings or calling into question the merits of a court decision.

It is clear, therefore, that this new body represents a major step forward for the promotion of the rule of law in Luxembourg.


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