Design for exacerbated dismissal falls through the State Council
In July 2024, the government brought in a draft law to tighten the dismissal. He stipulates that the police can remove people who disrupt public order or block access to buildings for up to 48 hours from a radius of up to one kilometer.
If the dismissal is not met, Mayor can issue a ban on entering up to 30 days and impose fines of up to 250 euros. But the State Council is not satisfied with the draft law and has spoken several « opposition formal », which must now be cleared out of the way.
Terms « Tranquillité », « Salubrité » and « Sécurité Publique » are too vague
A first objection concerns Article 5 to. It contains a destination that allows the police to warn people who behave in a way that disturbs public peace, health or security (de manière à troubler la tranquillité, la salubrité ou la sécurité publiques). According to the State Council, these terms are too vague to limit the public freedom anchored in the constitution, and they do not offer sufficient legal certainty.
It must also be improved when it comes to determining that the police can warn people, bother passers -by on public roads and in publicly accessible locations. The State Council writes the harassment of a person or the harassment by a person difficult to cover objective criteria, but is the result of a subjective assessment of both the persons involved and the police. This results in the risk of arbitrariness when using the provision. The State Council sees a possible violation of Article 20 and 37 of the constitution.
Heeschebuet: « The situation has normalized »
The Consil d'état appeals against the planned temporary lounge ban. Such a time -limited ban interferes with fundamental rights and bourgeois freedom than a simple dismissal. The high corporation also writes.
The police must lead facts that suggest that the target person will commit a crime in the place where she is at the time of the measure.
From the opinion of the State Council
Unlike in many German federal states, the temporary ban on stay in Luxembourg does not fall under the responsibility of the police, but in that of the mayor. However, it is more important for the State Council that the ban on stay in Germany depends on a risk of committing crimes.
Attorney General criticizes planned dismissal
« The police must lead facts that suggest that the target person at the place where it is at the time of the measure will commit a crime, » says the report. However, the government's draft law has no speech of a risk of committing crimes, a condition, which, according to the State Council, is important to ensure the proportionality of the measure.
Mayor decide on the ban on residence
It is also objected that the text is based on the criteria on the basis of which the mayor can order a temporary ban on location. The State Council also warns of the danger of arbitrariness, which brings the provision with it.
The State Council requires a clearer framework for the mayor's powers and, in view of his comments on the temporary ban on stay, advises to delete the article from the law until an evaluation of the application of the extended dismissal « .
