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Composition
and structure
Number of
members :
The Court is composed of five members, including a President, a
Vice-President, a First Councillor and two Councillors.
Recruitment
procedures and incompatibilities :
TThe judges of the Court are appointed by the Grand-Duke as per
advice of the Court. The candidates must have an law degree. Without
prejudice of the age limit of 68 years, the judges can not be removed.
The law provides strict incompatibilities with a number of public
or private activities. No member of the Court may exercise any political
or administrative function, or engage in any other occupation of
a professional nature.
Internal
organization :
The cases are heard by a chamber of three judges. The President
of the Court determines the composition of the chamber for dealing
with each particular case.
Publications
:
A summary of administrative case-law with a CD-Rom featuring anonymized
full-text copies of all the decisions of the Court and the "tribunal
administratif", the jurisdiction of first instance (the "administrative
tribunal") is published yearly. The most recent decisions are
published on Internet (www.jurad.etat.lu).
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Court
functions :
Jurisdiction
:
The main function of the administrative jurisdictions (Court and
tribunal) is the trial of actions for annulment, upon the request
of anyone who can justify a standing to sue, of regulations and
unilateral acts from any administrative authority, which may not
be impugned by any other action. - They may reverse individual administrative
decisions in the matters provided for by law.
Organization
of the courts system :
TThe administrative jurisdiction of the Grand Duchy of Luxembourg
is composed of the Administrative Court (5 members) and the Administrative
Tribunal (9 members). The administrative tribunal is competent for
all administrative matters in first instance. Its rulings may be
challenged in appeal before the Administrative Court.In certain
matters defined by the law, the Court is competent in first and
last instance.
Powers of
the judge :
The administrative jurisdictional system is made up of the aforesaid
tribunal, the first instance court, which's decisions may be challenged
before the Court. Both jurisdictions are competent to deal with
all actions for annulment or, exceptionally, reversal, of regulations
and unilateral acts of any administrative authority. The illegality
may be deduced from the incompetence of the acting authority, the
violation of the law or of the substantial forms prescribed to safeguard
private interests; it may also result from actions being ultra vires
(détournement de pouvoir). They may reverse administrative
decisions only in the cases provided for expressly by the law.All
disputes concerning compensation are settled by the civil courts.
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Advisory
functions
The administrative
jurisdictions do not have any consultative competence.
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