Part IV. Powers of the Estates
Article 53
Without the approval of the Estates, no tax may be issued or lifted.
Article 54
The tax laws shall be given for the duration of two years, as a general rule. Taxes that stand in direct connection with contracts which have been closed for a longer stretch of time, however, cannot be changed before the expiration of the contract with which the tax is concerned.
Article 55
The governmental budget and a detailed summary of the usage of the money that was collected in the previous years must be rendered with the drafts of tax laws. There may not appear any entries therein for secret expenditures for which there is no written signature from a member of the State ministry, assuring that the sum has been or will be truly used in the best interests of the country. This written signature must be brought to the Grand Duke.
Article 56
The Estates cannot tie the approval of taxes to conditions.
Article 57
Without the approval of the Estates no loan can be validated. Exceptions are made for loans through which only State income is anticipated to become State expenditures, as well as borrowings of the amortization treasury, for which it is authorized through its fundamental laws.
In the cases of extraordinary, unforeseen and urgent requirements of the State, whose amount does not stand in proportion to the cost of an irregular assembly of the Estates, and for which the credit rating of the Estates is not adequate, the approval of the majority of the Estates committee is enough to validate the borrowing of money. The conducted negotiation shall be presented during the next representative assembly.
Article 58
No domains may be divested without the approval of the Estates. The exceptions are the discharge of debt from already closed aquittances, the discharge of fiefdoms, inherited holdings, payments, interest, and soccage services, the selling of collapsing buildings, of property goods and income that lay in neighboring States, and all divestments that occur out of consideration for the State economy for the promotion of the culture of the country, or the abolishment of a detrimental administration. The proceeds, however, must either be used for new acquisition or be given over to the amortization treasury for the payment of interest.
Also excluded are exchanges and divestments for the purpose of the ending of a pending legal dispute over property or subservience-related affairs. Further excluded is the reawarding of fiefdoms of the Crown, of knights, and of chambers, if these fiefdoms have become property of the government during the time in which the current regent has been in power.
Due to the fact that the purposes of the pragmatic sanctions regarding State debt and State divestments from the 1st of October 1806 and the 18th of November 1808 have been fully achieved through this Article and Article 57, they shall no longer be considered binding starting the same day that the Estates constitution becomes effective.
Article 59
We want to continue to leave the profits of the domains for the paying of State burdens, regardless of the fact that these domains are undisputedly patrimonial property of the regent and his family, according to generally recognized principles of State law and the rights of princes, and We also hereby expressly confirm them as such regarding that characteristic in virtue of the duties that We carry as head of the family. We want this, however, in order that Our subjects may be alleviated, as is Our innermost desire. An exception shall be made for the civil list and other related burdens in case We do not find Ourselves in the financial position to leave those profits exclusively for the paying of State burdens.
The civil list cannot be raised without the agreement of the Estates, and without the consent of the Grand Duke it can never be lowered.
Article 60
Every draft of laws regarding finances shall come first to the second chamber, and shall only come to the first chamber if accepted by the second. The first chamber shall vote either to reject the draft, or to accept the whole law without any changes.
Article 61
If the majority of the first chamber does not agree with the decision of the second chamber, both the supporting and non-supporting voices from both chambers shall be counted together, and the Estates decision shall be reached through the absolute majority of all voices.
Article 62
Old Estates taxes may be collected for a six-month long grace period in the event of the disbandment of the Estates assembly before a new budget is agreed upon, or when the Estates consultation is delayed.
Article 63
In armament for a war or during a period of war the Grand Duke may validate loans or call for war taxes before the Estates have consented. This shall be permitted in order that the Grand Duke may fulfill his governmental duties in a swift and efficient manner. For such cases, closer inspection and involvement in governmental administration shall be granted to the Estates through the following means:
- A committee of delegates, consisting of two members of the ministries of finance and defense and a commissary for the defense treasury shall be called together in order to oversee the flow of funds, to ensure that money collected as war taxes is truly and exclusively spent to that end, and this committee shall
- Render just as many members as the Grand Duke, not including the director, for the defense commission that shall be assembled due to defense prestations of all kinds. This commission shall be appointed to lead the marching entity, the entity concerning itself with provisions, and the entity delivering supplies. The committee of Estates delegates shall also have the right to assign two assemblymen out of the Estates members of each provincial district to fulfill the same purpose.
Article 64
No draft of a law that amends, elucidates, or changes the constitutional charter shall become law without the approval of a majority of two-thirds of the present Estates members of each of the two chambers.
Article 65
In order for any other new draft of a general law of the country to become law, whether it be regarding the freedom of persons or the property of the citizens of the State, the approval of an absolute majority of each of the two chambers is required. This also applies for changes or authentic elucidations of current laws.
Article 66
The Grand Duke shall confirm and promulgate all laws. Stemming from his rights to supervision and administration, he shall also enact all orders, regulations, and general ordinances that require execution and management and are necessary for the security of the State. He shall also enact necessary ordinances that are by their nature appropriate for Estates consultation, but are urgent for the welfare of the State, and for which every delay would impede their temporal purpose.
Article 67
The chambers have the right to suggestions and grievances. Ordinances in which regulations have been incorporated that the chambers hold to offend their right to approval shall be immediately put out of effect through their founded grievance, once raised. The chambers shall give the Grand Duke a statement of their rationale for their grievance, which may include a request to propose a new law. They have the right to notify the government of any abuse in the administration that has come to their attention. They have the right to formally accuse ministers and members of the highest public authorities of violations of the constitution or recognized constitutional rights. A special law shall determine the degree of the penalty, the public authorities that are to judge, and the procedure that shall be followed in cases of such accusations.
Grievances of individual citizens regarding offenses of their constitutional authorities cannot be brought to the chambers except in writing, and then may only be accepted if the citizen bringing the grievance proves that he first appealed in vain to the appropriate regional office and lastly to the State ministry.
No suggestion, grievance or accusation may be brought to the Grand Duke without the approval of the majority of both of the two chambers.
