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ARTICLE · 12 APRIL 2024

The Proportionality Principle – A Balance To (Re)discover?

DSM Avocats à la Cour
DSM Avocats à la Cour
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DSM Avocats à la Cour

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The revised version of the Luxembourg Constitution entered into force on 1 July 2023

LuxembourgGovernment, Public Sector
Mario Di Stefano
Mario Di Stefano

The revised version of the Luxembourg Constitution entered into force on 1 July 2023. Of the four sections it includes, that which resulted from Bill No. 7755 reformed Chapiter II., entitled "Rights and Freedoms", and more specifically, Section 3. thereof – "Civil Liberties".

The new Art. 11 paragraph (1) henceforth provides that "Luxembourgers1 are equal before the law" and that "the Law may provide a difference of treatment which stems from an objective disparity that is rationally justified, adequate and proportionate to its purpose."

Also, the new Art. 37 stipulates that "Any limitation on the exercise of civil liberties must be provided for by law and respect their essential content. In accordance with the principle of proportionality, limitations may only be imposed if they are necessary in a democratic society and effectively meet objectives of general interest or the need to protect the rights and freedoms of others."

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