[non-official translation]
Act on the Status of Languages, February 24, 1984[1]
I, JEAN, by God’s grace, Grand Duke of Luxembourg, Duke of Nassau;
Our State Council;
By means of the Chamber of Deputies’ assent;
Considering the Chamber of Deputies’ Decision of January 25, 1984, and the
Great State Council’s of February 7, 1984, on not taking place a second vote;
Article 1
National language
The Luxembourgers’ national language is Luxembourgish.
Article 2
Language of legislation
All legislative proceedings and its execution regulations shall be worded
in French. When a legislative proceeding or a regulation is accompanied by
a translation, solely the text in French shall be attesting.
All regulations which are not included in the previous paragraph shall be
enacted by a State body, by the communes or by public institutions in any
language but in French, and solely the text written in the language used by
this body shall be attesting.
The present article does not derogate those provisions applicable with regard
to international conventions.
Article 3
Administrative and judicial languages
With regard to administrative, either contentious or non-contentious, and
to judicial matters, either French, German, or Luxembourgish may be used,
without prejudice to special provisions concerning certain matters.
Article 4
Administrative requests
Whenever a request is written in Luxembourgish, in French, or in German, the
Administration shall respond making use, as far as possible, of the language
chosen by the petitionary.
Article 5
Abrogation
All provisions incompatible with the present Act shall be abrogated, especially
the following:
- Grand-Duchy’s royal
order of June 4, 1830, containing the modifications to the existing provisions
regarding the different languages used within the kingdom;
- Dispatch of April 24, 1832, to the Government commission, regarding the
use of the German language in relations with the Diet;
- Grand-Duchy’s royal order of February 22, 1834, concerning the use of the
German and French languages in public acts.
I request and order that
the present Act be introduced in the Mémorial (record) so that it is
executed and observed by whomever it may concern.
Château de Berg, February 24, 1984.
Jean
The President of the Government,
Pierre Werner
The Minister of Justice
Colette Flesh
The Minister of Official
Duties
René Konen
__________________
[1]
1. Use of languages –administrations- obligation to answer in the language
chosen by the user of the administration –jurisdictions- freedom to choose-
change of language when going from an administrative procedure into a judicial
proceeding – legality. The obligation to answer in the language chosen
by the user of the administration is only aimed at the administrations and
not at the jurisdictional authorities, before which solely the principle of
freedom to choose language shall be applied. No inadmissibility shall be drawn
from a change of the language used when going from an administrative procedure
into a judicial proceeding by a user of the administration or his/her representative
in a lawsuit (TA 4-2-98 –9650, Lindner AG-. Pas Admin. 2/1999 p.194).
2. Use of languages – judicial matters – Obligation to answer in the
language chosen by the plaintiff – provision inapplicable in judicial matters
– faculty of the court to answer in French even when the legal claim is written
in German. The obligation to answer in the language chosen by the applicant
is only aimed at the administrations and not at the jurisdictional authorities,
before which solely the principle of freedom to choose language shall be applied.
The court is free to use French, which is the language traditionally used
in the wording of legal proceedings, and especially of sentences. (TA
28-10-98 -9569, Bertrand, frappé d’appel: 11107C -. Pas admin. 2/1999,
p.194)