Administrative Tribunal (Tribunal administratif)

The Administrative Tribunal is a general administrative court created, together with the Administrative Court, by a constitutional reform of 12 July 1996 and an organic law of 7 November 1996, by which these two courts took over from the judicial competence of the Council of State and the Council remained with consultative competence (see source here).

In addition to cases concerning international protection, the Administrative Tribunal covers also immigration cases and all cases related to administrative law (e.g. tax, urban planning, construction, competition, environment, public procurement, etc.).

The Administrative Tribunal hears appeals against administrative decisions on international protection pronounced by the Minister responsible for asylum.

The tribunal is competent both for appeals in the regular asylum procedure and special procedures (e.g. border procedure), and for appeals in Dublin cases, detention measures, family reunification, reception conditions, and revocation/withdrawal of protection.

The territorial jurisdictions of both the Administrative Tribunal and the Administrative Court extend over the whole of the Grand Duchy of Luxembourg.

The tribunal is composed of professional judges who are independent and irremovable.

In 2023, the law on the organisation of administrative jurisdictions changed the composition of the Administrative Tribunal from 21 magistrates to 25 magistrates, and from 5 chambers to 6 chambers (see the law here). However, in practice, there are still 19 magistrates and 5 chambers, with 3 magistrates sitting in each chamber.

The Administrative Tribunal is composed of a president, 3 first vice-presidents, 6 vice-presidents, 7 first judges and 8 judges. It is completed by 9 substitute members who bear the title of substitute judges of the Administrative Tribunal. A chief clerk is assigned to the tribunal and several clerks depending on the needs of the tribunal.

The Administrative Tribunal and the Administrative Court have a common registry (Law of 23 December 2022 on judicial assistants (référendaires de justice)).

The president of the tribunal assigns the cases to the chambers (Article 61 Law of 7 November 1996 on the organisation of administrative jurisdictions).

Administrative Court (Cour administrative)

The Administrative Court is a general administrative court created, together with the Administrative Tribunal, by a constitutional reform of 12 July 1996 and an organic law of 7 November 1996, by which these two courts took over from the judicial competence of the Council of State and the Council remained with consultative competence (see source here).

The Administrative Court hears appeals against judgments of the Administrative Tribunal in matters of international protection. However, the orders of the president of the Administrative Tribunal in matters of administrative interim relief are not subject to appeal.

In addition to cases concerning international protection, the Administrative Court covers also immigration cases and all cases related to administrative law (e.g. tax, urban planning, construction, competition, environment, public procurement, etc.).

The territorial jurisdictions of both the Administrative Tribunal and the Administrative Court extend over the whole of the Grand Duchy of Luxembourg.

The Administrative Court is composed of 6 judges and has a single chamber with 3 judges.

The Administrative Court is composed of a president, a vice-president, two first counsellors and two counsellors. It is completed by five substitute members who bear the title of substitute advisor of the Administrative Court. A chief clerk is assigned to the Court as well as more clerks (greffiers) according to the needs of the service (Article 10 Law of 7 November 1996 on the organisation of administrative jurisdictions).

The Administrative Tribunal and the Administrative Court have a common registry (Law of 23 December 2022 on judicial assistants (référendaires de justice)).

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Judicial

Judicial

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In cases following the regular asylum procedure, the Administrative Tribunal sits in chambers of three members. Decisions are taken by a majority vote (Article 61 Law of 7 November 1996 on the organisation of administrative jurisdictions).

For appeals against a decision taken within the accelerated procedure, the panel is composed of a single judge (Article 35(2) Law of 18 December 2015 on International and Temporary Protection).

The president of the Administrative Tribunal hears requests for provisional measures (référé administratif).

According to Article 59 of the Law of 7 November 1996 on the organisation of administrative juridictions, to be a member of the Administrative Tribunal, one must:

• be a national of Luxembourg;
• have civil and political rights;
• reside in the Grand Duchy of Luxembourg;
• be at least 25 years old;
• hold a Master’s degree in law;
• have completed service as a judicial attaché in accordance with the provisions of the Judicial Attaché Act.
   

Incompatibilities are included in Section 2 of Law of 7 November 1996 on the organisation of administrative jurisdictions).

Training of judges: An ad hoc Committee ensures that judges participate in initial judicial training, conferences, seminars and courses. The Committee is composed of seven senior magistrates: the General Prosecutor, the President of the Court of Appeal, the President of the Administrative Court of Appeal, the President of the Administrative Tribunal, the President of the Court of District, one Prosecutor and one Prosecuting Attorney (see source here).

Ongoing training in ensured by the National Council for Justice, which was established by Law of 23 January 2023 on the organisation of the National Council for the Judiciary, in force from 1 July 2023.

In cases following the regular asylum procedure, the Administrative Court sits, deliberates and makes decisions with three members. Decisions are taken by a majority vote. The composition of the Administrative Court is decided for each case by its chairman (Article 14 Law of 7 November 1996 on the organisation of administrative jurisdictions).

According to Article 12 of the Law of 7 November 1996 on the organisation of administrative jurisdictions, to be a member of the Administrative Court, one must:

• be a national of Luxembourg;
• have civil and political rights;
• reside in the Grand Duchy of Luxembourg;
• be at least 30 years old;
• hold a doctorate degree in law;
• have completed service as a judicial attaché in accordance with the provisions of the Judicial Attaché Act.
   

Incompatibilities are included in Section 2 of Law of 7 November 1996 on the organisation of administrative jurisdictions).

Training of judges: An ad hoc Committee ensures that judges participate in initial judicial training, conferences, seminars and courses. The Committee is composed of seven senior magistrates: the General Prosecutor, the President of the Court of Appeal, the President of the Administrative Court of Appeal, the President of the Administrative Tribunal, the President of the Court of District, one Prosecutor and one Prosecuting Attorney (see source here).

Ongoing training in ensured by the National Council for Justice, which was established by Law of 23 January 2023 on the organisation of the National Council for the Judiciary, in force from 1 July 2023.

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The National Council for the Judiciary has competences in the appointment of magistrates (see Law of 23 January 2023 on the organisation of the National Council for the Judiciary, in force from 1 July 2023).

The members of the Administrative Tribunal retire when they reach the age of 68 or if a serious and permanent ailment no longer enables them to perform their duties properly (Article 58 Law of 23 January 2023 on the organisation of the National Council for the Judiciary).

Disciplinary matters are dealt with in Law of 23 January 2023 on the organisation of the National Council for the Judiciary, in force from 1 July 2023.

The National Council for the Judiciary has competences in the appointment of magistrates (see Law of 23 January 2023 on the organisation of the National Council for the Judiciary, in force from 1 July 2023).

The members of the Administrative Court retire when they reach the age of 68 or if a serious and permanent ailment no longer enables them to perform their duties properly (Article 58 Law of 23 January 2023 on the organisation of the National Council for the Judiciary).

Disciplinary matters are dealt with in Law of 23 January 2023 on the organisation of the National Council for the Judiciary, in force from 1 July 2023.

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