The government is preparing a new draft law to regulate public gatherings in Luxembourg, the home affairs ministry said, as it rejected criticism that the proposed legislation would introduce restrictive measures and clamp down on freedom of protest.
The ministry issued a statement on Monday morning rebutting claims made in an article by the Tageblatt newspaper, which reported that it had seen a preliminary draft law which leaves “enormous scope for interpretation for a very restrictive approach”.
The CSV-DP government had vowed to set a clear legal framework for protests in its coalition agreement after taking office last year. This came following disorder at protests against Covid-19 restrictions back in 2021 which saw crowds storm Christmas markets and a group launch an egg attack at the home of the former prime minister Xavier Bettel.
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“During the numerous demonstrations that took place in the context of the Covid-19 pandemic, it became apparent that Luxembourg does not have adequate legislation to regulate demonstrations,” the coalition agreement stated.
However, many of the planned measures under the new legislation can be “interpreted very broadly” and could result in a clampdown on peaceful protest, Tageblatt said, citing references to the preliminary draft law.
These include a legal distinction between a gathering (rassemblement) and a crowd (attroupement), with the latter being defined as a gathering which “disturbs public order” and no minimum number of participants to differentiate between the two.
Any object which can be “used to injure, hit or threaten” would be considered a weapon, the report said, which would allow a wide range of interpretations, such as a ban on umbrellas.
A prison sentence of between eight days and two years, along with a fine ranging from €500 to €10,000, are currently envisaged for those who take part in an attroupement, with increased penalties for those who carry a weapon or hide their face.
Other provisions would include handing greater powers to the mayor of Luxembourg City to ban a demonstration, including a clause allowing protests to be prohibited outside a residential building if they could disrupt “the peaceful use of the building”.
Police would also have permission to conduct searches of people and vehicles if there is a fear that “public order” could be disturbed, not only at the location but also in neighbouring streets, and regardless of whether people stopped are due to take part in the demonstration.
An outdated preliminary law drafted by former Home Affairs Minister Henri Kox had been the basis of Monday’s report, the ministry said in a press release.
“A new preliminary draft law is currently being drawn up,” the ministry said.