Questionnaire Luxembourg
III.16 On what grounds can he be dismissed?
The question on the grounds and procedures for
dismissing a public prosecutor is difficult to answer as the legal provisions
are not very clear and as there is no known precedent.
Constitutional guarantees for the immovability of judges do not apply to public prosecutors.
This does however, not mean automatically that the general rules for civil servants apply.
The law on the organisation of the judiciary ofMarch 7, 1980 contains a
specific chapter on disciplinary sanctions. The wording of the provisions is
not clear on all points.
Sect. 155 concerning the definition of the offence against discipline refers to the magistrats, concept including both judges and public prosecutors. Sect. 156 contains the list of sanctions; the most important sanctions are compulsory retirement and (dishonourful) dismissal. The sanctions are pronounced by the supreme court of justice on the demand of the Prosecutor General.
Sect. 170 vests the Prosecutor General with the right to address admonitions (rappèl à leur devoir) to members of the prosecution service. The Minister of Justice is informed and may ask the Prosecutor General to give injunctions to the persons concerned. This text concerns the prosecution service specifically and does not contain the disciplinary sanctions of the general provision of sect. 156.
Constitutional guarantees for the immovability of judges do not apply to public prosecutors.
This does however, not mean automatically that the general rules for civil servants apply.
The law on the organisation of the judiciary of
Sect. 155 concerning the definition of the offence against discipline refers to the magistrats, concept including both judges and public prosecutors. Sect. 156 contains the list of sanctions; the most important sanctions are compulsory retirement and (dishonourful) dismissal. The sanctions are pronounced by the supreme court of justice on the demand of the Prosecutor General.
Sect. 170 vests the Prosecutor General with the right to address admonitions (rappèl à leur devoir) to members of the prosecution service. The Minister of Justice is informed and may ask the Prosecutor General to give injunctions to the persons concerned. This text concerns the prosecution service specifically and does not contain the disciplinary sanctions of the general provision of sect. 156.
