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Rights and duties — page 2

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.

31.What is the language regime for dealing with the administration?
- ✓Requests may be made in Luxembourgish, French or German and answered in the same language where possible
- bLuxembourgish only
- cFrench only
Why: The 1984 language law sets Luxembourgish as national and these three as administrative languages.
32.The Charter of Fundamental Rights belongs to which organisation?
- aThe Council of Europe
- bThe United Nations
- ✓The European Union
Why: EU Charter, proclaimed 2000, legally binding since Lisbon (2009).
33.Second-generation rights guarantee…
- ✓Social allowances and community services
- bProtection from state arbitrariness
- cThe right to bear arms
Why: Social & economic rights: social security, health, work, housing aid.
34.Freedom of assembly means citizens may…
- aAssemble only with ministerial approval
- ✓Assemble peacefully and unarmed, in line with the laws governing it
- cBlock roads at any time
Why: Peaceful and unarmed are the constitutional conditions.
35.Which Luxembourg constitution is considered the first with a modern rights catalogue?
- aThe Constitution of 2023
- bThe Constitution of 1868
- ✓The Constitution of 1848
Why: The liberal Constitution of 1848 — per the official syllabus.
36.Which right is guaranteed to everyone regardless of nationality?
- aThe right to vote in legislative elections
- bThe right to stand for national office
- ✓The right to a fair trial
Why: Judicial guarantees apply to all; national political rights are reserved to citizens.
37.Freedom of the press in Luxembourg means…
- aThe state approves articles before publication
- bOnly state media may publish
- ✓Censorship can never be established
Why: The Constitution prohibits prior censorship.
38.The Constitution of 1841 was significant because…
- ✓It was Luxembourg's first constitution
- bIt introduced the euro
- cIt abolished the monarchy
Why: Granted by William II; the liberal 1848 text then introduced a modern rights catalogue.
39.Which document guarantees rights at the level of the United Nations?
- aThe EU Charter
- ✓The Universal Declaration of Human Rights (1948)
- cThe European Convention on Human Rights
Why: Adopted in Paris on 10 December 1948 — Human Rights Day.
40.Which body supervises compliance with the EU Charter of Fundamental Rights?
- aThe ECtHR
- bThe UN Security Council
- ✓The Court of Justice of the EU, when EU law applies
Why: The Charter binds EU institutions and member states when implementing EU law.
41.Freedom of movement within the EU means a Luxembourg resident may…
- aIgnore other countries' laws
- bVote in any national election
- ✓Live and work in other EU member states
Why: A core right of EU citizenship, alongside municipal and European voting rights.
42.Which principle means a law cannot punish an act committed before it existed?
- aNe bis in idem
- bPresumption of innocence
- ✓Non-retroactivity of criminal law
Why: Nullum crimen, nulla poena sine lege — no crime or penalty without prior law.
43.Access to justice includes the right to…
- ✓Legal aid if you lack sufficient means
- bChoose your own judge
- cRefuse to appear in court
Why: Assistance judiciaire ensures the right to a fair trial is effective for everyone.
44.According to the official syllabus, in which year and city was the European Convention on Human Rights adopted?
- ✓Strasbourg, 1951
- bRome, 1957
- cParis, 1948
Why: The syllabus dates the Convention to 1951 (signed 1950, in force 1953) — learn the syllabus's own wording.
45.The official syllabus groups limitations on fundamental rights into…
- ✓Personal situation (age, incapacity, conviction) and nationality (voting, labour market access, EU citizenship)
- bWartime and peacetime
- cRich and poor
Why: Exactly the two categories listed in the ministry's programme.
46.Which three guarantees are listed first among constitutional rights and freedoms?
- aFree transport, free school, free healthcare
- bHousing, food and work
- ✓Protection from arbitrary state action, participation in public affairs, and litigant's/defendant's rights
Why: The syllabus's own triad for first-generation rights.
47.Protection of fundamental rights is exercised by which judges?
- aOnly the Grand Duke
- ✓The national judge (ordinary courts and Constitutional Court) and the supranational judge (ECtHR and CJEU)
- cOnly the police
Why: The syllabus splits protection into national and supranational levels.
48.Under the Constitution, are Luxembourgers equal before the law?
- aOnly men are equal
- ✓Yes, though the law may provide differences of treatment based on objective disparity
- cNo, there are legal classes
Why: Equality with objectively justified differentiation.
49.Is the home inviolable under the Constitution?
- ✓Yes — searches only in the cases and forms determined by law
- bOnly for owners
- cNo
Why: A first-generation protection against arbitrary state action.
50.What does the Constitution say about censorship?
- aIt applies to the internet only
- bIt is allowed in wartime
- ✓Censorship can never be established
Why: Freedom of expression and of the press.
51.Who organises education and guarantees access to it?
- aThe communes alone
- ✓The State
- cOnly private institutions
Why: Education is a constitutional social right; schooling is compulsory.
52.Are trade-union freedoms guaranteed?
- aNo
- ✓Yes, explicitly by the Constitution
- cOnly for civil servants
Why: The law organises the exercise of the right to strike.
53.How does the Constitution treat the right to strike?
- aIt is prohibited
- ✓It is recognised and its exercise is organised by law
- cIt is unlimited
Why: Connected with guaranteed union freedoms.
54.Under what conditions may someone be deprived of property?
- aNever
- bWhenever the state wishes
- ✓Only for public utility and with just compensation, in the cases set by law
Why: Expropriation requires legal basis, public purpose and indemnity.
55.Can an oath be imposed on someone?
- aNever
- bYes, by any official
- ✓Only by virtue of a law that determines its form
Why: A constitutional safeguard.
56.What does the Constitution say about the child's interest?
- aChildren have no rights
- bOnly parents decide everything
- ✓The child's best interest is a primary consideration, and children may express their opinion freely
Why: Reflects the UN Convention on the Rights of the Child.
57.Does everyone have the right to found a family?
- ✓Yes, and to respect for family life
- bOnly married couples
- cOnly nationals
Why: Private and family life are protected.
58.Which rights can the law confer on non-Luxembourgers?
- aAll rights automatically
- ✓Political rights, as provided by law
- cNone ever
Why: The basis for communal and European voting rights of foreign residents.
59.Where are fundamental rights of Luxembourg citizens set out nationally?
- aOnly in the ECHR
- ✓In the Constitution, first codified in 1848 and revised in 2023
- cOnly in EU law
Why: The 1848 liberal constitution introduced the modern rights catalogue.
60.Which court protects rights at EU level?
- ✓The Court of Justice of the European Union
- bThe International Criminal Court
- cThe European Court of Human Rights
Why: The ECtHR (Strasbourg) belongs to the Council of Europe, not the EU.

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