Judiciary

Article 84 Civil Rights Jurisdiction
Disputes over civil rights lie exclusively within the jurisdiction of the courts.

Article 85 Political Rights Jurisdiction
Disputes over political rights lie within the jurisdiction of the courts except as otherwise provided by law.

Article 86 No Extraordinary Jurisdiction
No court or jurisdiction in contentious matters may be set up, except by virtue of a law. No extraordinary commissions or courts may be set up, under whatever name.

Article 87 Superior Court of Justice
The organization of a Superior Court of Justice is provided for by law.

Article 88 Publicity
Hearings in court shall be public unless such publicity is a threat to good order and morality, in which case the court so declares by ruling.

Article 89 Judgments
All judgments shall be reasoned. They are pronounced in public court session.

Article 90 Appointment of Judges
Justices of the Peace and judges of the courts are appointed directly by the Grand Duke. Members of the Superior Court of Justice and presidents and vice-presidents of the district courts are appointed by the Grand Duke on the advice of the Superior Court of Justice.

Article 91 Term, Sanctions
(1) Justices of the peace, district court judges, and members of the Superior Court of Justice are appointed for life. None of them may be deprived of his post or suspended save by a judicial decision. None of these judges may be transferred except by way of a new appointment and with his consent.

(2) In the event of infirmity or misconduct, however, he may be suspended, dismissed, or transferred, under the conditions laid down by the law.

Article 92 Salaries

The salaries of members of the judiciary are fixed by law.

Article 93 Incompatibility

Except where otherwise provided by law, no judge is allowed to accept salaried functions from the Government unless he performs them free of charge, without prejudice, however, to cases of incompatibility determined by law.

Article 94 Military Tribunals, Labor and Social Security Jurisdiction
(1) Special laws regulate the organization of military tribunals, their duties, and the rights, obligations, and terms of office of their members.

(2) The law also regulates the organization of the jurisdictions pertaining to labor and social security matters, their duties, the mode of appointment, and the terms of office of their members.

Article 95 General and Local Decisions
Courts and tribunals may apply general and local decisions and regulations only in so far as these comply with the laws. The Superior Court of Justice settles disputes as to competence, in accordance with the procedure laid down by the law.

Article 95bis Administrative courts
(1) Jurisdiction in administrative matters belongs to the Administrative Tribunal and the Administrative Court. These courts also have jurisdiction in tax matters in the cases and under the conditions determined by the law.

(2) The law may create other administrative jurisdictions.

(3) The Administrative Court constitutes the supreme court of the administrative order.

(4) The attributions and the organisation of the administrative courts are regulated by the law.

(5) The magistrates of the Administrative Court and the Administrative Tribunal are nominated by the Grand-Duke. The nomination of the members of the Administrative Court as well as of the president and the vice-presidents of the Administrative Tribunal are made, except concerning the initial nominations, upon the opinion of the Administrative Court.

(6) The provisions of Articles 91, 92, and 93 are applicable to the members of the Administrative Court and of the Administrative Tribunal.

Article 95ter Constitutional Court
(1) The Constitutional Court decides, by way of arrêt, on the
conformity of the laws with the Constitution.

(2) The Constitutional Court is seized, in a prejudicial manner, pursuant to the modalities to be determined by the law, by any court to decide on the conformity of the laws, save the laws approving treaties, to the Constitution.

(3) The Constitutional Court is composed of the President of the Superior Court of Justice, the President of the Administrative Court, two counselors of the Cour de Cassation and five magistrates nominated by the Grand Duke, upon the joint opinion of the Superior Court of Justice and Administrative Court. The provisions of Articles 91, 92, and 93 apply to them. The Constitutional Court comprehends a chamber sitting with five magistrates.

(4) The organsiation of the Consitutional Court and the manner in which it exercises its attributions are regulated by the law.