Council of State formally opposes draft legislation on professional chambers

In March 1998, Luxembourg's Council of State formally opposed the Government's draft legislation making it easier for foreign employees to stand as candidates in the next professional chamber elections. As a result, the bill may well not come into force in time.

Luxembourg has a system of representation of employers and workers by socio-professional categories through "professional chambers" (chambres professionnelles) elected by secret ballot (based on the law of 4 April 1924). These chambers are closely involved in the procedure for adopting laws, and in the regulations for enforcing these laws, as they must be invited to give an opinion on any legislation that may affect them (LU9711127F).

To enable foreign employees who have lived in Luxembourg for under five years to stand as candidates at the next chamber elections in November 1998, the Government submitted draft legislation exempting them from having to produce documentation from their countries of origin showing that they enjoy voting rights there, as is currently the case

In an opinion issued on 17 March 1998, the Council of State (which assesses all legislative proposals) indicated its formal opposition with regard to several provisions of the bill. This opposition was based on the constitutional principle of citizens' equality before the law, and referred to inconsistencies in the draft legislation.

Without going into the detail of the legislative procedure, suffice it to say that this draft legislation now has little chance of coming into effect before the next professional chamber elections.