Consult the detailed scoring methodology.
Question | Answer | Note |
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Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | Yes, throughout government | |
Are these plans available to general public? | Yes |
Information on these plans and other initiatives can be found on the Government’s website as well as on the website of the ministries involved (https://www.gouvernement.lu/).
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Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, throughout government | |
Where is the draft text or summary published? |
On a unified website where all proposed regulations are published; printed in a federal journal or similar publication; directly distributed to intere...
More
On a unified website where all proposed regulations are published; printed in a federal journal or similar publication; directly distributed to interested stakeholders. |
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Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | Yes, throughout government |
The Règlement de la Chambre des Députés (http://www.chd.lu/wps/wcm/connect/public/471d269f-9eed-4fbe-ac8a-d828a981cb70/Reglement+20150601.pdf?MOD=AJPERES&CVID=l5EcOQA).
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Is the entire text of the proposed draft published? | Yes, throughout government |
Even if there is no obligation to publish the proposed draft, publication occurs and applies to legislative initiatives from both the Government (initiative gouvernamentale / projet de loi) and the Parliament (initiative parlementaire / propositions de loi) as well as to the regulation initiatives from the Government (procédure réglementaire / projet de règlement).
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Is there a period of time set by law for the text of the proposed regulations to be publicly available? | No |
Question | Answer | Note |
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Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, throughout government | |
How are the comments received? |
On a unified website for all proposed regulations; through public meetings; through targeted outreach to stakeholders, such as business associations o...
More
On a unified website for all proposed regulations; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email. |
http://www.legilux.lu
Comments are requested by distribution through associations, federations, professional chambers (e.g. Chamber of Commerce - http://www.cc.lu, Chamber of Trade - http:// www.cdm.lu, Chamber of Employees - http://www.csl.lu). |
Are received comments publicly accessible? | Yes, throughout government |
Publication on the website of professional chambers and consulted associations/federations. (http://www.cc.lu/fr/services/avis-legislation/avis-de-la-chambre-de-commerce/)
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Is the rulemaking body required by law to solicit these comments on proposed regulations? | Yes |
Law of April 4, 1924 Establishing Professional Chambers on an Elective Basis (Loi du 4 avril 1924 portant création de chambres professionnelles à base élective); Law of October 26, 2010 on the Reorganization of the Chamber of Commerce (Loi du 26 octobre 2010 portant réorganisation de la Chambre de Commerce); Article 2 of the Amended Law of March 21, 1966 on the Establishment of an Economic and Social Council (Article de 2 de la Loi modifiée du 21 mars 1966 portant institution d’un conseil économique et social); Amended Law of April 4, 1924 on the Creation of Professional Chambers (Loi modifiée du 4 avril 1924 portant création des chambres professionnelles); Law of July 12, 1996, as amended, article 2, paragraph 1; the Regulation of the Parliament (Règlement de la Chambre des Députés), Article 60.
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Is there a specialized government body or department tasked with soliciting and receiving these comments? | No |
The ministries address their requests for comments directly to the professional chambers.
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Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | Yes, throughout government |
The results of the consultation of both the Chambres professionnelles and the Conseil d'Etat are included in the file on the specific draft law or regulation and published. (http://www.chd.lu)
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How does the government report on the results of the consultation? | Prepares one consolidated response. |
The results of the consultation are directly communicated by the professional chambers. The ministry only transmits the opinions via the Central Legislative Service of the Council of State to the Department of State and to the Chamber of Deputies. Regarding the consultation prior to the drafting of bills (by resorting to ad hoc working groups, or experts), the results are rarely disclosed.
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Where does the government report on the results of the consultation? | On a unified website for all proposed regulations; directly distributed through public meetings. |
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Is reporting on the results of the consultation required by law? | No |
No legislative provision makes publication of the results of any consultation mandatory, except for the consultation delivered by the professional chambers.
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Question | Answer | Note |
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Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government | |
Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | No |
The impact assessment forms must be compulsorily appended to all legal or regulatory proposal.
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Are there any specific regulatory impact assessment guidelines? | Yes |
L’évaluation d’impact réglementaire au Luxembourg (http://ec.europa.eu/smart-regulation/impact/best_practices_examples/docs/lu/evaluation_impact.pdf)
Other guidelines can be accessed on the following websites. (http://www.fonction-publique.public.lu/fr/modernisation-etat/simplification-administrative/mieux-legiferer/fiche-evaluation-impact-note-explicative.pdf; http://www.fonction-publique.public.lu/fr/modernisation-etat/einfach/index.html) |
Are impact assessments required by law? | Yes |
1998 Decision of the Government Council (Conseil de gouvernement)
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Are impact assessment made publicly available? | No | |
How is this assessment distributed? | n/a |
By its Decision of 22 April 2011 the Governing Council (Conseil de gouvernement) overruled the obligation to communicate each impact assessment statement to the Chamber of Deputy (Chambre des deputes) and the Council of State (Conseil d'État). Hence, not all impact evaluation sheets will be published. But for those that are necessarily attached to bills, they will be published on the website of the Chamber of Deputies (http://www.chd.lu) and legilux (http://www.legilux.lu).
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When is this assessment distributed? | After the consultation period for the proposed legislation. | |
Is there an obligation for regulators to consider alternatives to proposed regulation? | No |
It belongs to the initiator of the proposed regulation to evaluate, before drafting the proposal, whether alternatives should be considered.
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Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | No | |
Please provide the name of this government body, and explain its functions. | n/a |
Question | Answer | Note |
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Are the laws that are currently in effect available in a single place? | Yes | |
How are the laws that are in force accessed? |
On a unified website managed by the government Printed in an official gazette / journal or other publication |
http://www.legilux.lu
Mémorial : Journal Officiel du Grand-Duché de Luxembourg - Amtsblatt des Grossherzogtums Luxembourg Private subscriptions (against payment) can be obtained from the company Legitech. (contact@legitech.lu) This is the company in charge of printing the Official Gazette. Besides subscriptions of older issues of the Official Gazette are available for consultation with Legitech, as well as with the National Library, the National Archives or via the link http://legilux.lu. |
Are the secondary regulations that are currently in effect codified and available in a single place? | Yes | |
Are these websites or registries updated regularly? | Yes | |
Can these websites or registries be accessed by the public free of charge? | Yes |
Question | Answer | Note |
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Do ministries or regulatory agencies conduct ex-post reviews? | Yes, throughout government | |
Are there any criteria for which regulations are subject to ex-post reviews? | No | |
What specific approaches are used by your government? |
Legislation-specific review requirement Ad-hoc reviews |
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Are ex-post reviews required by law? | No |