Regulations

The amended law of 22 August 2003 establishing an Ombudsman

This law defines the Ombudsman's mission, powers and operating procedures.

It entrusts the Ombudsman with the role of:

• Monitoring the functioning of State administrations, municipalities, and public institutions;
• Receiving and examining complaints from the public;
• Promoting the amicable settlement of disputes between public authorities and their users.

The Ombudsman acts with complete independence, neutrality, and impartiality.

The Ombudsman does not replace the administrative, social or civil courts. Instead, it provides an extrajudicial possibility that is free of charge and easily accessible.

Guidelines for Good Administrative Conduct

Following a proposal by, and in collaboration with, the Ombudsman, the Government Council adopted a catalogue of principles of good administrative conduct.

The Government has committed to actively promote these guidelines throughout the public sector, notably by incorporating them into the initial and continuing training provided to public servants. Administrations and their staff are encouraged to respect the rights listed in these guidelines in their dealings with the public.

They constitute a common reference framework for all public officials.

These principles include :

• Accessibility of public administrations and reception of the public;
• Information provided to users;
• Transparent and clear decision-making;
• Personalized follow-up;
• Continuous improvement of services provided by the administration.

The Ombudsman relies on these guidelines when assessing administrative practices and, where appropriate, making recommendations.

Non-Contentious Administrative Procedure (PANC)

The law of 1 December 1978 governing non-contentious administrative procedure aims, among other things, to ensure respect for citizens' rights by allowing, as far as possible, their participation in the administrative decision-making process.

The grand-ducal regulation of 8 June 1979 concerning the procedure to be followed by State and municipal administrations establishes the general rules that State and municipalities must observe when making individual decisions affecting citizens. 

The main objective of this regulation is to ensure good administration and guarantee respect for citizens' rights.

In particular, it aims to:

• Increase the transparency of administrative decisions;
• Guarantee fairness and impartiality in administrative action;
• Enable the persons concerned to express their views before a decision is taken.