Reference : Luxembourg's Constitution and EU Integration
Parts of books : Contribution to collective works
Law, criminology & political science : Public law
Luxembourg's Constitution and EU Integration
Gerkrath, Jörg mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Member States' Constitutions and EU Integration
Griller, Stefan
Claes, Monica
Papadopoulou, Lina
[en] ‘Consensus democracy’ - Constitutional monarchy - EU citizens - Frontier workers – ‘Higher Law’ - Independent state - Legal pragmatism - ‘Luxembourgish social model - Monism – Primacy – Referendum -
[en] Luxembourg is a well-integrated member state whose EU membership relies however on poorly developed constitutional foundations. This is yet to be changed by a major constitutional overhaul that is expected to come to an end in 2018. Three patterns must be born in mind to understand the country’s constitutional culture: the Constitution had been somewhat forgotten, its political system functions according to the idea of a ‘consensus democracy’ and its leading political principle is pragmatism. The only limit to further steps of EU integration is the requirement of a 2/3 majority within Parliament in order to approve any competence transferring treaty. I the pure monistic tradition the domestic legal order is conceived in a way to avoid conflicts with international or EU law. EU norms enjoy full primacy even vis-à-vis constitutional rules.

File(s) associated to this reference

Fulltext file(s):

Open access
Country report Luxembourg .pdfAuthor preprint345.64 kBView/Open

Bookmark and Share SFX Query

All documents in ORBilu are protected by a user license.