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Rights and duties

What the constitution guarantees, what it asks of you, and who protects it: courts, the Ombudsman, equality, languages, and the duties that come with residence. 82 questions in this section; the exam draws 10 of its 40 from here.

1.Who reviews whether a Luxembourg law conforms to the Constitution?
- aThe Grand Duke
- bThe Council of State alone
- ✓The Constitutional Court
Why: The Cour constitutionnelle, via preliminary questions from ordinary courts.
2.The Ombudsman (médiateur) handles complaints about…
- aPrivate companies
- bCriminal sentencing
- ✓The functioning of public administrations
Why: Created in 2003, independent, reports to the Chamber of Deputies.
3.Constitutional objectives in Luxembourg's Constitution include…
- ✓Environment, natural resources and sustainable development
- bA guaranteed minimum stock portfolio
- cFree housing for all
Why: The syllabus names societal level, environment and sustainability as constitutional objectives.
4.Which is a THIRD-generation right?
- ✓The right to a healthy environment
- bThe right to a fair trial
- cFreedom of religion
Why: Third-generation ('solidarity') rights are collective: environment, development, peace.
5.When and where was the Universal Declaration of Human Rights adopted?
- a1951, Geneva
- b1945, New York
- ✓1948, Paris
Why: UN General Assembly, Paris, 10 December 1948.
6.An EU citizen resident in Luxembourg may vote in…
- aNo elections at all
- ✓Municipal and European elections
- cLegislative elections
Why: EU citizenship gives municipal + European Parliament voting rights in the country of residence.
7.Which international convention specifically protects children's rights?
- aThe Schengen Convention
- bThe Geneva Convention of 1949
- ✓The UN Convention on the Rights of the Child (1989)
Why: Ratified by Luxembourg; children's rights are also constitutionally protected.
8.What is the presumption of innocence?
- ✓Everyone is presumed innocent until proven guilty by a court
- bPolice decide guilt
- cThe accused must prove innocence
Why: A core judicial guarantee, in the ECHR and the Constitution.
9.Which principle prevents being tried twice for the same offence?
- aNulla poena sine lege
- ✓Ne bis in idem
- cHabeas corpus
Why: A fundamental judicial guarantee.
10.Freedom of association includes the right to…
- aIgnore any law you disagree with
- bEnter any private property
- ✓Form and join trade unions and associations
Why: It underpins union freedom and the right to strike.
11.Who is the Ombudsman?
- aA judge
- ✓An independent mediator between citizens and the administration
- cA minister
Why: Receives complaints about public administration; reports to the Chamber — created 2003.
12.Can fundamental rights be limited?
- aNever — they are absolute
- ✓Yes, e.g. by age, incapacity, criminal conviction or nationality
- cOnly in wartime
Why: Syllabus lists personal-situation and nationality-based limitations (vote, labour market access).
13.Which organisation created the European Convention on Human Rights (1950/51)?
- aThe European Union
- bNATO
- ✓The Council of Europe
Why: Council of Europe, Strasbourg — NOT an EU body.
14.Is the death penalty possible in Luxembourg?
- aYes, for treason
- ✓No — it was abolished in 1979 and is prohibited
- cOnly in wartime
Why: Abolition is also required by Protocol No. 6 to the ECHR.
15.Which 1789 document is a founding source of fundamental rights?
- ✓The Declaration of the Rights of Man and of the Citizen (France)
- bThe US Bill of Rights
- cThe Magna Carta
Why: The French Déclaration of 1789 is the key historical reference named in the syllabus.
16.Which of these is guaranteed as the inviolability of the home?
- aPolice may enter any home at will
- ✓The home may not be entered except in cases and forms laid down by law
- cOnly owners have this right
Why: A classic first-generation protection against arbitrary state action.
17.What does the principle of equality before the law mean?
- ✓All Luxembourgers are equal before the law, without discrimination
- bForeigners have no rights
- cEveryone earns the same
Why: Discrimination on grounds such as origin, sex, religion or disability is prohibited.
18.Equality between women and men in Luxembourg is…
- ✓Guaranteed, with the state actively promoting it
- bA goal without legal basis
- cLimited to the workplace
Why: The revised Constitution makes equality of women and men explicit.
19.Data protection in the EU is mainly governed by…
- aThe Schengen Agreement
- ✓The GDPR
- cThe ECSC Treaty
Why: The right to protection of personal data is in the EU Charter of Fundamental Rights.
20.Are fundamental rights guaranteed only to Luxembourg nationals?
- ✓No — most apply to everyone on the territory; only some (e.g. national voting) are reserved
- bOnly to EU citizens
- cYes, only to nationals
Why: Human rights attach to the person; a narrow set of political rights attaches to nationality.
21.Freedom of religion in Luxembourg means…
- aOnly Catholicism is allowed
- ✓Everyone may practise their religion or none, in private and public
- cReligion is banned in public
Why: Freedom of worship and of expressing religious opinions is protected.
22.The right to property means…
- aProperty can never be touched
- bThe state owns all land
- ✓No one may be deprived of property except for public utility and with fair compensation
Why: Expropriation requires legal basis, public purpose and indemnity.
23.Which court can a person petition after exhausting Luxembourg remedies for an ECHR violation?
- aThe Constitutional Court
- bThe Court of Justice of the EU
- ✓The European Court of Human Rights in Strasbourg
Why: Individual petition to the ECtHR requires exhaustion of domestic remedies.
24.Which court applies the European Convention on Human Rights?
- aCourt of Justice of the EU (Luxembourg)
- bInternational Court of Justice (The Hague)
- ✓European Court of Human Rights (Strasbourg)
Why: ECtHR in Strasbourg = Council of Europe. CJEU in Luxembourg = EU law.
25.Which right is typically reserved to nationals?
- aFreedom of religion
- bFreedom of expression
- ✓The right to vote in national (legislative) elections
Why: Legislative elections: Luxembourgish nationals only (and voting is compulsory for them).
26.Is education compulsory in Luxembourg?
- ✓Yes, schooling is compulsory for children
- bNo, it is optional
- cOnly for Luxembourg nationals
Why: Compulsory education is a classic social right guaranteed by the Constitution.
27.Trade union freedom in Luxembourg includes…
- aUnions only for Luxembourgers
- ✓The right to join or not join a union
- cAn obligation to join a union
Why: Negative freedom of association is protected too.
28.The right to strike in Luxembourg is…
- aReserved to civil servants
- ✓Recognised, and exercised within the limits set by law
- cForbidden
Why: A social right connected to freedom of association.
29.Which body in Luxembourg promotes and monitors human rights as an advisory commission?
- aThe Council of State
- bThe Court of Auditors
- ✓The Consultative Commission on Human Rights (CCDH)
Why: An independent advisory body to the government on human-rights matters.
30.Which right belongs to the FIRST generation of fundamental rights?
- aThe right to a healthy environment
- bThe right to housing aid
- ✓Freedom of expression — protection from state arbitrariness
Why: 1st gen: civil & political liberties. 2nd gen: social/economic. 3rd gen: collective (environment, peace).

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