Head of State

Inviolability and freedom from responsibility

The Constitution places the head of state in a unique position outside common law.

The Constitution provides that the person of the Grand Duke is inviolable, in other words he cannot be tried by any court, and he cannot be asked to be held accountable for his actions. This inviolability implies complete non-accountability. This non-accountability is general and absolute from both a penal and political standpoint. The Grand Duke's inviolability and non-accountability ensure the stability of the monarchical institution and ensure his impartiality with respect to the political world.

The Grand Duke’s political non-accountability has ministerial accountability as its counterpart. Any measure adopted by the Grand Duke in the exercise of his constitutional powers must be countersigned by a member of the government, who assumes full responsibility for it.

The Grand Duke's executive remit

Article 49 of the Constitution provides that the Grand Duke enacts laws. Enactment is the act by which the Grand Duke attests to the content of the law and orders its publication and execution.

The Grand Duke's regulatory power consists in taking the regulations and administrative orders required for the enforcement of laws and treaties. He also issues the regulations necessary for the application of the legal acts of the European Union. In some cases, he may delegate this power to the members of his government.

In principle, the text of the Constitution grants the Grand Duke the freedom to choose his ministers who are his persons of trust and who exercise executive power with him. According to custom, the Grand Duke only chooses the Prime Minister, who takes care to compose a government which will win the support of the parliamentary majority.

Justice remit

Justice is delivered in the name of the Grand Duke, however he doesn't have the right to intervene in the exercise of judicial power.

International remit

The Grand Duke represents the country abroad, he makes and unmakes treaties, and he ensures that the interests of the state and of Luxembourgish nationals are safeguarded.

Other powers

The Grand Duke, considering the public interest, defines and organises his administration, which has legal personality.

He appoints to public posts, in accordance with the law and with the exceptions established by the law. He commands the armed forces. This command is exercised under the responsibility of the Government.

Regalian rights

The Constitution reserves the prerogative of pardon for the Grand Duke, which means the right, under conditions determined by law, to reconsider or reduce the sentences handed down by judges. It also reserves the right to confer titles of nobility on members of the Grand Ducal family, without ever being able to attach any privileges to these titles, as well as the right to confer honorary titles in civil and military orders, in compliance with the law.