LUXEMBURG.

By Article 67 of the Act of the Congress of Vienna of 9 June 1815,1 the Grand Duchy of Luxemburg was assigned to the crown of the Netherlands. After the Treaty of London of 19 April 1839,2 the King of Holland took the title of King Grand-Duke and gave Luxemburg a separate Constitution on 12 October 1841. The draft of a new Constitution in 127 articles was adopted on 23 June 1848 and sanctioned on 9 July following. But a reaction was not long in setting in. In 1856 William III proposed a revision of the Constitution to the Chamber, but the latter refused to approve the King's project. Whereupon he issued a decree pronouncing its dissolution and promulgating at the same time the revised Constitution (27 November 1856). The German Confederation gave its approval to this coup d'état (29 January 1857). Following the dissolution of the German Confederation (1866), the Treaty of London of 11 May 1867 established the neutrality of the Grand Duchy, which remained outside of the new North German Confederation. A new Constitution was promulgated on 17 October 1868 and this is the one in force today. The death of the King Grand-Duke William III on 23 November 1890 resulted in the separation of the crowns of Luxemburg and the Netherlands on account of the difference in the laws of succession,5 and the crown of Luxemburg passed to Adolphus, Duke of Nassau. The Nassau Family Pact bears the date of 30 June 1783. A Family Statute (Familienstatut), the official text of which is in German, was promulgated on 16 April 1907, and a law of 10 July 1907 gave it the force of a law."

1 French text in the British and Foreign State Papers, 2: p. 37.

2 French text in the British and Foreign State Papers, 27: pp. 990-1003, and 37: pp. 1320-1330.

3 French text in the British and Foreign State Papers, 44: pp. 869-875.

4 French text in the British and Foreign State Papers, 46: pp. 1249-1262.

5 William's daughter succeeded to the throne of Holland, but the Salic Law governed succession in Luxemburg. This law, however, is subordinate to the Nassau Family Pact, which provides for the succession in the case of complete extinction of males. Hence Marie Adelaide succeeded her father, William, the son and successor of Adolphus. • This introductory paragraph is based on F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (3d edition, Paris, 1910), vol. I, pp. 150-151.

391

CONSTITUTION OF 17 OCTOBER 18681

CHAPTER I.-THE TERRITORY AND THE GRAND DUKE.2

ARTICLE 1. The Grand Duchy of Luxemburg forms an independent, indivisible and inalienable and perpetually neutral State.3

ART. 2. The limits and chief-towns of the judicial or administrative arrondissements, of the cantons and of the communes may be changed only by virtue of a law.

ART. 3. The crown of the Grand Duchy is hereditary in the family of Nassau, conformably to the Pact of 30 June 1783, to Article 71 of the Treaty of Vienna of 9 June 1815* and to Article 1 of the Treaty of London of 11 May 1867.5

ART. 4. The person of the Grand Duke is sacred and inviolable.

ART. 5. The Grand Duke of Luxemburg reaches his majority at the age of 18 years. When he assumes the reins of government, he takes, as soon as possible, in the presence of the Chamber of Deputies or of a deputation appointed by it, the following oath:

I swear to observe the Constitution and the laws of the Grand Duchy of Luxemburg, to maintain the national independence and the integrity of the territory, as well as public and individual liberty, as also the rights of all and of each of my subjects, and to employ for the preservation and the increase of the general and individual prosperity, as a good sovereign ought, all the means which the laws place at my disposal. So help me God!

ART. 6. If, at the death of the Grand-Duke, his successor is a minor, the regency is exercised conformably to the Family Pact.

ART. 7. If the Grand Duke finds it impossible to reign, he is provided with a regency as in the case of minority.

In case of vacancy of the throne, the Chamber provides provisionally for the regency.

A new Chamber, convoked in double number within the period of 30 days, provides definitively for the vacancy.

1 Translated by OTIS G. STANTON from the French text in the British and Foreign State Papers, 58: pp. 249–261. French text also in DARESTE, op. cit., pp. 151-168, and PAUL POSENER, Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 674-684. 2 To make the text agree with actual conditions, the words "King Grand-Duke " found in the original text are everywhere replaced by "Grand Duke."

3 Treaty of London of 11 May 1867, approved by the Law of 21 June 1867.

4 Article 71 of the Treaty of Vienna of 9 June 1815 (French text in the British and Foreign State Papers, 2: p. 39) reads as follows: "The right and order of succession established between the two branches of the House of Nassau by the Act of 1783 [German text in MARTENS, Recueil de Traités, 1st edition, vol. II, pp. 405-422], called the Nassauischer Erbverein, is maintained and transferred from the four principalities of Orange-Nassau to the Grand Duchy of Luxemburg."

5 Article 1 of the Treaty of London of 11 May 1867 (French text in the British and Foreign State Papers, 57: p. 34) reads in part as follows: "His Majesty the King of the Netherlands, Grand Duke of Luxemburg, maintains the bonds which attach the said Duchy to the House of Orange-Nassau, by virtue of the treaties which have placed this State under the sovereignty of His Majesty the King Grand-Duke, his descendants and successors."

ART. 8. At his entrance upon his functions, the Regent takes the following oath :

I swear fidelity to the Grand Duke; I swear to observe the Constitution and the laws of the country. So help me God!

CHAPTER II.-THE LUXEMBURGERS AND THEIR RIGHTS.

ART. 9. The quality of Luxemburger is acquired, preserved and lost according to the rules determined by the civil law.

The present Constitution and the other laws relative to political rights determine what are, beyond this quality, the conditions necessary for the exercise of these rights.

ART. 10. Naturalization is granted by the legislative power.

Naturalization assimilates the foreigner to the Luxemburger, for the exercise of political rights.

Naturalization granted to the father is available to his minor child, if the latter declares, within two years of his majority, intention to claim this privilege.1

ART. 11. There is in the State no distinction of orders.

The Luxemburgers are equal before the law; they alone are admissible to civil and military employments, save exceptions which may be established by a law for particular cases.

ART. 12. Individual liberty is guaranteed.

No one shall be prosecuted except in the cases provided by the law and in the form which it prescribes.

Outside of the case of flagrante delicto, no one shall be arrested except by virtue of a judge's warrant with the reasons stated therein, which must be served at the moment of the arrest or, at the latest, within 24 hours.

ART. 13. No one shall be deprived, against his will, of the judge whom the law assigns to him.

ART. 14. No penalty shall be established or applied except by virtue of the law.

ART. 15. The domicile is inviolable. No domiciliary visit shall take place except in the cases provided for by the law and in the form which it prescribes.

ART. 16. No one shall be deprived of his property, except by reason of public utility, in the cases and in the manner established by the law and in consideration of a just and prior indemnity.2

ART. 17. The penalty of confiscation of property shall not be established.

ART. 18. The penalty of death in political matters, civil death and branding are abolished.

1 Two laws (12 November 1848 and 27 January 1878) govern naturalization matters. 2 Laws of 17 December 1859 and 4 March 1896 on expropriation by reason of public utility.

88381-19-26

ART. 19. Liberty of religion, that of its public exercise, as well as the liberty to express one's religious opinions, are guaranteed, except for the repression of offenses committed on the occasion of the use of these liberties.

ART. 20. No one shall be compelled to concur, in any manner whatever, in acts and ceremonies of a religion nor observe the rest days thereof.

ART. 21. Civil marriage must always precede the nuptial benediction.

ART. 22. The intervention of the State in the nomination and installation of the heads of religions, the mode of nomination and of revocation of the other ministers of religions, the faculty for both to correspond with their superiors and to publish their acts, as well as the relations of the Church with the State, constitute the object of conventions to be submitted to the Chamber of Deputies for the provisions which necessitate its intervention.

ART. 23. The State takes care that every Luxemburger receives primary instruction.

It creates establishments of intermediate instruction and the necessary courses of higher education.

The law determines the means of providing for public instruction, as well as the conditions of supervision by the government and the communes; it regulates, besides, everything relating to education.1

Every Luxemburger is free to make his studies in the Grand Duchy or abroad and to attend the universities of his choice, under the provisions of the law on the conditions of admission to the employments or the exercise of certain professions.

ART. 24. Liberty to manifest one's opinions by word in all matters and the liberty of the press are guaranteed, except for the repression of offenses committed on the occasion of the exercise of these liberties.2

Censorship shall never be established.

No caution-money shall be exacted from writers, publishers or printers.

Stamp-duties on native newspapers and periodical writings are abolished.

The publisher, printer or distributor shall not be sued, if the author is known, if he is a Luxemburger and domiciled in the Grand Duchy.

ART. 25. Luxemburgers have the right to assemble peaceably and without arms, if they conform to the laws which regulate the exercise of this right, without the power to submit it to a prior authorization.

1 Law of 20 April 1881 concerning compulsory education. Laws of 20 April 1881 and 6 June 1898 on primary education. Law of 23 April 1878 on secondary education. 2 Law of 20 July 1869 on the press, and the Penal Code.

This provision does not apply to assemblies in the open air, political, religious or otherwise; these assemblies remain entirely subject to the laws and police regulations.

ART. 26. Luxemburgers have the right to form associations. This right shall not be subjected to any prior authorization.

The establishment of every religious corporation must be authorized by a law.1

ART. 27. Every one has the right to address, to the public authorities, petitions signed by one or several persons.

The constituted authorities alone have the right to address petitions in the collective name.

ART. 28. The secrecy of letters is inviolable.

The law determines who are the agents responsible for the violation of the secrecy of letters confided to the post.

The law shall regulate the guarantee to be given for the secrecy of telegrams.

ART. 29. The use of the German and French languages is optional. Their use shall not be limited.

ART. 30. No prior authorization is required to enter suits against public functionaries for acts of their administration, except what is decreed with regard to members of the government.

ART. 31. Public functionaries, to whatever order they belong, the members of the government excepted, shall not be deprived of their functions, honors and pensions, except in the manner determined by the law.

CHAPTER III. THE SOVEREIGN POWER.

ART. 32. The Grand Duke exercises the sovereign power conformably to the present Constitution and to the laws of the country.

SECTION 1. THE PREROGATIVE OF THE GRAND DUKE.

ART. 33. The Grand Duke exercises alone the executive power. ART. 34. The Grand Duke sanctions and promulgates the laws. He makes known his decision within 6 months from the vote of the Chamber.

ART. 35. The Grand Duke appoints to the civil and military offices, conformably to the law, and saving exceptions established by it.

No function salaried by the State shall be created except by virtue of a legislative provision.

ART. 36. The Grand Duke makes the regulations and decrees necessary for the execution of the laws, without the power ever to suspend the laws themselves or to dispense with their execution.

1 In practice, religious corporations may be freely established in the Grand Duchy; the intervention of the legislature is required only if they desire to acquire civil personality.