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Rights and duties — page 3

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.

61.The syllabus's 'supranational judge' refers to…
- aThe district courts
- ✓The ECtHR and the CJEU
- cThe Constitutional Court
Why: National protection = ordinary judge + Constitutional Court.
62.Which category do social allowances belong to?
- aFirst-generation liberties
- ✓Second-generation social and economic rights
- cConstitutional objectives
Why: Along with services provided by the community.
63.Constitutional objectives concern…
- aOnly defence
- bOnly taxation
- ✓The societal level, environment, natural resources and sustainable development
Why: Named exactly this way in the official syllabus.
64.Which limitation category covers age, incapacity and criminal conviction?
- aWartime
- bNationality
- ✓Personal situation
Why: The other category is nationality — voting rights, labour-market access, EU citizenship.
65.Rights of the litigant/defendant include…
- aImmunity from prosecution
- bThe right to choose the verdict
- ✓Fair trial guarantees and the rights of the defence
Why: Listed among first-generation guarantees in the syllabus.
66.Which body advises the government on human rights in Luxembourg?
- aThe Council of State
- bThe Court of Auditors
- ✓The Consultative Commission on Human Rights (CCDH)
Why: An independent advisory body.
67.What does the Universal Declaration of Human Rights have in common with the ECHR?
- aThey are the same document
- bBoth are EU treaties
- ✓Both protect human rights, but the UDHR is UN and non-binding while the ECHR is Council of Europe and enforceable
Why: UDHR: Paris 1948. ECHR: Strasbourg, dated 1951 in the official syllabus.
68.Which principle protects against being punished under a law that did not exist at the time?
- ✓Non-retroactivity of criminal law
- bHabeas corpus
- cNe bis in idem
Why: Nullum crimen sine lege.
69.Freedom of assembly is guaranteed provided the assembly is…
- ✓Peaceful and unarmed
- bApproved by a minister
- cHeld indoors
Why: Conditions set out in the Constitution.
70.Which right allows you to petition the Chamber of Deputies?
- aNo such right exists
- ✓The right of petition, which can trigger a public debate at 4,500 signatures
- cOnly deputies may petition
Why: A participation tool for residents.
71.Does the Constitution guarantee respect for private life?
- aNo
- bOnly for nationals
- ✓Yes
Why: Alongside the inviolability of the home and family life.
72.Which fundamental right is limited by nationality?
- aFreedom of thought
- bThe right to a fair trial
- ✓The right to vote in legislative elections
Why: Also access to certain public-sector posts.
73.Abolition of the death penalty in Luxembourg dates from…
- ✓1979
- b1948
- c2000
Why: Also required by Protocol No. 6 to the ECHR.
74.Which document became legally binding with the Treaty of Lisbon in 2009?
- ✓The EU Charter of Fundamental Rights
- bThe UDHR
- cThe ECHR
Why: Proclaimed in 2000, binding from 2009.
75.Freedom of religion means…
- aOnly recognised cults are allowed
- bReligion is a private matter only
- ✓Everyone may practise a religion or none, privately and publicly
Why: Freedom of worship and of expressing religious opinions.
76.Access to a court includes…
- aFree lawyers for everyone
- ✓Legal aid for those without sufficient means
- cNo court fees ever
Why: Makes the right to a fair trial effective in practice.
77.Which rights guarantee participation in public affairs?
- ✓Voting, standing for election, petitioning and freedom of association
- bNone
- cOnly voting
Why: First-generation political rights.
78.Which article-level guarantee protects against arbitrary detention?
- aDetention at police discretion
- ✓Deprivation of liberty only in the cases and forms prescribed by law
- cNo such guarantee
Why: A first-generation liberty against arbitrary state action.
79.Can political rights be granted to non-Luxembourgers?
- aNever
- ✓Yes, the law may confer them
- cOnly to EU citizens automatically
Why: The constitutional basis for foreign residents voting in communal elections.
80.The right to work and workers' health and rights are…
- aPurely private matters
- ✓Regulated by law as to their principles
- cUnregulated
Why: Second-generation social and economic rights.
81.Which of these is a first-generation right?
- ✓Freedom of association
- bSustainable development
- cHousing assistance
Why: First: liberties and participation. Second: social/economic. Objectives: environment and sustainability.
82.Freedom of expression may be exercised…
- aOnly in private
- bOnly with a permit
- ✓Without prior authorisation, and censorship can never be established
Why: The press regime cannot be subject to prior authorisation.

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