Composition
The Government consists of a Prime Minister, one or more Vice Prime Ministers, Ministers and, where appropriate, one or more Ministers Delegates and Secretaries of State.
The text of the Constitution grants the Grand Duke the absolute freedom to select his ministers who are his persons of trust and who exercise executive power with him.
In practice, however, the Grand Duke is limited in his choice by democratic principle, which requires that the ministers not only have his confidence, but also that of the parliamentary majority. According to custom, the Grand Duke only chooses a Prime Minister who, in view of the election result, is able to put together a government that will win the support of the parliamentary majority. As a general rule, he chooses leading figures of the political groups represented in the Chamber of Deputies. However, nothing can stop him from using technicians with no well-defined political affiliations, if required.
Ministers must be of Luxembourg nationality. Their roles are incompatible with those of Member of Parliament, State Councillor, Member of a Municipal Council, a holding of public office or a professional activity.
The duration of the ministerial duties is not determined. In theory, the Grand Duke may remove his ministers at any time, but in practice, he does not make use of this right.
It is also customary for the government to resign the day after the legislative elections and for the Grand Duke to ask the outgoing government to manage day-to-day business until the next government is sworn into office, following the elections.
If none of the political parties represented in the Chamber has an absolute majority, a coalition government is formed. The political parties called upon to be represented in government agree, during negotiations, on a common government programme and on the distribution of ministerial departments.
Ministerial responsibility
As a general rule, the Constitution provides that ministers are accountable. Ministerial accountability is inseparable from the Grand Duke's non-accountability. For an act issued by the Grand Duke to come into force, it must be countersigned by a member of the government who assumes full responsibility for it.
Before the Chamber of Deputies, ministers are accountable for the acts they have authored, either individually or collectively. If the Chamber disapproves of the policy of one or several ministers or of the entire government, it shall express its disagreement, either via a negative vote on a specific agenda proposed by the government, or by rejecting a government bill presented by the ministers. By refusing to adopt the annual budget, the Chamber may put the government in a position whereby it is impossible to manage public affairs.
In the worst case, when the Chamber of Deputies withdraws its confidence (motion of censure) in the ministers, the political accountability of ministers obliges them to resign. It is customary for a minister to resign after a first hostile from the Chamber of Deputies.
Under the Constitution, only the Public Prosecutor may institute and direct proceedings against a member of the Government for his actions, even after he has ceased to hold office. Proceedings against ministers for acts committed in the exercise of their duties are brought before the ordinary courts.