SDR - RC61/2026 - Enshrinement of the principle of the ‘right to make a mistake’ for citizens

DOCUMENTS:
 
> Recommendation
 
 
SUMMARY:
 
Recommendation No. 61 of the Ombudsman proposes the introduction into Luxembourg law of a ‘right to make a mistake’ for the benefit of citizens, in order to address the growing complexity of administrative rules and obligations. The Ombudsman observes that many of the difficulties encountered by citizens stem from errors made in good faith whilst carrying out their administrative procedures, whereas current Luxembourg law does not allow for voluntary rectification without the risk of immediate penalty. The Ombudsman emphasises that the principles of good administration, proportionality and legal certainty call for errors to be treated differently according to their nature and severity, and that experiences in other countries, notably France and Belgium, show that such a mechanism can coexist with compliance with administrative law and the fight against fraud.
 
Consequently, the Ombudsman recommends that the Chamber of Deputies and the Government initiate an institutional review into the introduction of a regulated ‘right to make a mistake’ scheme. This mechanism should be strictly limited to unintentional errors, explicitly exclude any situation involving fraud or serious misconduct, and be clearly aligned with the principle of administrative legality. It is also suggested that consideration be given to a phased or sector-specific implementation, in order to assess its practical effects before any wider roll-out, with the aim of strengthening trust between the administration and the public without undermining the authority of public action.