Chapter VI. Of Justice
Article 84
Disputes which have civil rights as their object are exclusively of the resort of the tribunals.
Article 85
Disputes which are political rights as their object are of the resort of the tribunals, save the exceptions established by the law.
Article 86
A tribunal or a jurisdiction in contentious matters may only be established by virtue of a law. No extraordinary commissions or tribunals may be created under whatever denomination that may be.
Article 87
The organization of the Superior Court of Justice is provided for by a law.
Article 88
The hearings of the tribunals are public, unless such publicity is a threat to order and morality, and in which case, the tribunal so declares by a judgment.
Article 89
Every judgment is substantiated. It is pronounced in public hearing.
Article 90
The justices of the peace and the judges of the tribunals are directly appointed by the Grand Duke. The councillors of the Court and presidents and vice presidents of the tribunals of the districts [arrondissement] are appointed by the Grand Duke on the advice of the Superior Court of Justice.
Article 91
The justices of the peace, judges of the tribunals of the districts and the councillors of the Superior Court are irremovable. – Any of them may only be deprived of his post or suspended by a judgment. The transfer of one of these judges can only take place by a new appointment and with his consent.
However, in the event of infirmity or misconduct, he may be suspended, dismissed or transferred, following the conditions determined by the law.
Article 92
The salaries of members of the judicial order are specified by the law.
Article 93
Save in the cases of exception specified by the law, no judge may accept salaried functions of the Government, unless he exercises them without compensation, without prejudice however to the cases of incompatibility determined by the law.
Article 94
Particular laws regulate the organization of the military tribunals, their attributions, the rights and obligations of the members of these tribunals and the duration of their functions.
The law also regulates the organization of the jurisdictions [in matters] of labor and the jurisdiction in matters of social security, their attributions, the mode of appointment of their members and the duration of their functions.
Article 95
The courts and tribunals only apply general and local orders and regulations when these comply with the laws. – The Superior Court of Justice settles the disputes of attribution following the mode determined by the law.
Article 95bis
- Administrative dispute is the resort of the administrative tribunal and of the Administrative Court. These jurisdictions deal with fiscal disputes in the cases and under the conditions determined by the law.
- The law may create other administrative jurisdictions.
- The Administrative Court constitutes the supreme jurisdiction of the administrative order.
- The attributions and the organization of the administrative jurisdictions are regulated by the law.
- The magistrates of the Administrative Court and of the administrative tribunal are appointed by the Grand Duke. The appointments of the members of the Administrative Court, as well as the presidents and vice presidents of the administrative tribunals, are made, except for the first appointment, on the advice of the Administrative Court.
- The provisions of Articles 91, 92 and 93 are applicable to the members of the Administrative Court and of the administrative tribunal.
Article 95ter
- The Constitutional Court decides, by means of opinion [arrt], on the conformity of laws with the Constitution.
- The Constitutional Court may be referred to [a matter], under title of preliminary opinion [titre prejudiciel]. Following the modalities to be determined by the law, by any jurisdiction to decide on the conformity of the laws, with the exception of the laws concerning the approval of treaties, with the Constitution.
- The Constitutional court is composed of the President of the Superior Court of Justice, the President of the Administrative Court, two councillors of the Court of Cassation and of five magistrates appointed by the Grand Duke, on the joint advice of the Superior Court of Justice and of the Administrative Court. The provisions of Articles 91, 92 and 93 are applicable to them. The Constitutional Court consists of one Chamber which sits with five magistrates.
- The organization of the Constitutional Court and the manner of the exercise of its attributions, are regulated by the law.
