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This thread is for discussions about any Luxembourg or Nassau house and/or bylaw impacting the Grand Ducal Family of Luxembourg.
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Luxembourg and Nassau Laws and Bylaws
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If you have answers, please help by responding to the unanswered posts.
This thread is for discussions about any Luxembourg or Nassau house and/or bylaw impacting the Grand Ducal Family of Luxembourg.
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Grand Ducal Decree of 18 June 2012
We Henri, Grand Duke of Luxembourg, Duke of Nassau,
after inspection of the “Nassauischer Erbverein” of June 30th, 1783, in its current form of June 11th, 2012, after inspection of the family bylaw concerning the house law of May 5th, 1907, with its following changes and amendments, after inspection of the decisions of the members of the Grand Ducal Family of October 28th and November 25th, 2011,
declare and command the following new version of the family bylaws concerning the house law:
I. Basic house laws
§ 1. Proportion between the older and the newer law
This current family statute precedes all house-legal norms, with the exception of the regulations given by the “Nassauische Erbverein” of June 30th, 1783, in its current form of June 11th, 2012, called “family pact” in the following.
II. House and family membership
§ 2. Present existence
It has to be distinguished between
1) The Grand Ducal Line,
2) The Grand Ducal Family,
3) The Grand Ducal House,
The Grand Ducal Line consists of all direct marital descendants of Grand Duke Adolph (agnates and cognates). (male and female line)
The Grand Ducal Family consists of all direct marital descendants of Grand Duchess Charlotte. The spouses, widows and widowers of members of the Grand Ducal Family are included as well.
The Grand Ducal House consists of the head of state as head of the house, the former heads of state, first grade descendants of a head of the house born within a marriage according to the house rules, and the members of the family called upon to succeed to the throne according to the laws of primogeniture. The in-law spouses and widows/widowers of members according to the house rules and of deceased heads of state are included. The aforementioned widows and widowers will lose their membership to the Grand Ducal House in case of remarriage.
The head of the house is authorised, after consultation with the members of the advisory council (§ 10 (1) 4), to confer born members of the Grand Ducal Family the membership of the Grand Ducal House. In addition, the head of the house is solely authorised to give binding statements according to this house statute about the membership of the Grand Ducal Family in general and the Grand Ducal House in particular.
§ 3. Preservation and acquisition of the membership of the Grand Ducal House
Born members of the Grand Ducal House keep their membership even in case of marriage conducted without the consent of the head of the house without prejudice to the provisions given in § 7 (2). Spouses of members of the Grand Ducal House only become members of the house if the head of the house has given his written consent to the marriage.
III. Rights of members of the Grand Ducal House and the Grand Ducal Family
§ 4. General rights of members of the Grand Ducal House and the Grand Ducal Family
The rights of the members of the Grand Ducal House and the Grand Ducal Family consist of
1) the usage of name and title according to §4a and §4b,
2) the conventional usage of the coat of arms,
3) the stipends according to the family pact (Art. 24, 25 and 35)
The existing claims according to paragraph 1, item 3 can be revoked due to derogatory conduct.
It is left to head of the house to give to all members of the family having the name zu Nassau/de Nassau, in the interest and the prestige of the dynasty and the country, appropriate rules of conduct and to sum them up in a code of honour. Grave neglect of duties and repeated contravention of the rules by the aforementioned members can be punished, after previous warning if applicable, by the head of the house by the advice of the advisory council.
§ 4a. Title of the head of state and the heir apparent
The head of state is styled as Royal Highness and bears the title of Grand Duke or Grand Duchess of Luxembourg, Duke or Duchess of Nassau, etc. etc.
The wife by marriage according to the house rules of the head of state is styled as Royal Highness and bears the title Grand Duchess of Luxembourg, Duchess of Nassau, etc. etc. The husband by marriage according to the house rules of the ruling Grand Duchess is styled as Royal Highness and bears the title Prince of Luxembourg, Prince Consort.
The member of the family called upon to succeed to the throne (heir apparent or heiress apparent), according to the law of primogeniture, is styled as Royal Highness and bears the title Hereditary Grand Duke or Hereditary Grand Duchess of Luxembourg, Hereditary Prince or Hereditary Princess of Nassau, etc. etc.
The wife by marriage according to the house rules of the heir apparent is styled as Royal Highness and bears the title Hereditary Grand Duchess of Luxembourg, Hereditary Princess of Nassau, etc. etc. In case of widowhood §4b (1) 1 is applied. The husband by marriage according to the house rules of the heiress apparent is styled as Royal Highness and bears the title Prince of Luxembourg.
§ 4b. Name and title of Members of the Grand Ducal House and the Grand Ducal Family
Subject to the following, in paragraph 4 defined provisions, the members of the Grand Ducal House and the Grand Ducal Family, in all their official and private functions which may concern them, bear
1) the first grade marital descendants of the head of the house as well as those of the member of the house called upon to succeed to the throne according to the laws of primogeniture and their wives by marriage according to the rules of the house, have the style Royal Highness, their first name and the family name “zu Nassau” (“de Nassau”) as well as the title Prince or Princess of Luxembourg, etc. etc.
2) the second and further grade male line marital descendants of the head of the house; with the exception of the offspring of the member of the house called upon to succeed to the throne according to the laws of primogeniture (item 1); and their wives by marriage according to the house rules, have the style of Royal Highness, their first name and the family name “zu Nassau” (“de Nassau”) and the title Prince or Princess of Nassau, etc. etc.
3) those who conducted a marriage without the consent of the head of the house, the family name “zu Nassau” (“de Nassau”) as well as their previous title. The wives and legitimate offspring of this marriage bear their first name and the family name “zu Nassau” (“de Nassau”) as well as the title Count or Countess of Nassau.
The use or the conferral of a style or title in the individual case cannot deduce either rights from the membership of the house or family or consent to the marriage.
In case of a legal separation, a divorce or remarriage after death, the wives lose the style and title conferred upon them.
Moreover, the marital offspring of members of the Grand Ducal House and the Grand Ducal Family bear the last name of their father.
§ 5. Marriage contracts
The regulations of a marriage contract of a member of the house or family which touch rights and duties of the Grand Ducal House or the fidei comiss, are not binding without the written consent of the head of the house.
§ 6. Legal relationship in case of contested membership
In case of contested membership of the Grand Ducal House or the Grand Ducal Family there is no entitlement to the rights presupposing the membership of the Grand Ducal House or the Grand Ducal Family; in particular the rights stipulated in §4a and §4b require the membership. In case of contested membership of the house or family a decision according to § 11 is to be brought about.
IV. House-constitutional activities
§7. Basic policies
The right to house-constitutional activities, consisting of the right of the direct and indirect involvement in the legislation of the house and the membership in the advisory council, is generally given to the born members of the Grand Ducal House of age (entitled members of the Grand Ducal House).
In case of members of the Grand Ducal House conducting an unapproved marriage the right described in paragraph 1 rests for the length of the non-consented marriage. The same right becomes invalid in case of the renunciation of the rights to the throne.
In case of a regency, the rights of the head of the house are applied to the regent also in relation to the house law. No grave changes to the basic house law of the Grand Ducal House should be made during a regency.
For the contractual force of house-constitutional acts the consent of the advisory council is, in principle, needed. Though, by the decision of the head of the house in accordance with the following rules, it can be substituted by the consent of the entitled members of the Grand Ducal House.
§ 8. (repealed)
§ 9. Advisory council
The advisory council consists of
a) the three oldest marital first grade descendants of the head of the house
b) the two oldest first grade descendants born within wedlock of the previous head of the house with the exception of the current head of the house, on the condition that they are entitled members of the house.
It is left to the discretion of the previous head of the house and the spouse of the current head of the house to take part in the meetings of the advisory council in an advisory role.
In case that there aren’t enough members available for the advisory council in accordance with paragraph 1, it is the responsibility of the head of the house to complete the advisory council with one or more bearers of the family name “zu Nassau” (§ 9 (3)).
In reference to the 2008 government revocation announcement of the law of December 15th, 1988, anchoring restriction concerning the convention of the elimination of all forms of discrimination of women of December 18th, 1979, the house-constitutional activities of the agnates are extended to the entitled female members of the Grand Ducal House and is applied for the first time to Our descent, and also, in case of the application of current § 9 (1b), to the female members of the Grand Ducal Family.
§ 10. Responsibilities of advisory council
The advisory council is asked:
1) to assess questions given to them by the head of the house,
2) to give or deny the required consent, instead of the entirety of entitled members of the Grand Ducal House according to § 7 (4),
3) to mediate differences of opinion within the Grand Ducal House and the Grand Ducal Family
4) to make exceptional grants compared to the existing house laws in individual cases, as well as to comment on the proposed conferring of membership of the Grand Ducal House (§ 2),
5) to make arbitral decisions in certain cases of dispute in accordance with the following §11
The advisory council decides in a secret ballot and with the majority of votes. Its decision in the cases of paragraph 1, item 5 is always final.
Should a member, due to bias or on other grounds, not take part in a discussion and decision the head of the house has to appoint another member of the family “zu Nassau” as a replacement member.
§ 11. Family arbitral court
The advisory council (§ 9), in cases of legal disputes according to the last two paragraphs of the current article, is enlarged to a family arbitral court with the addition of four jurists, which are chosen equally by the suitor and the defending party. In case of default, they are chosen by the advisory council.
The claim to a positive or negative assessment of a membership of the house or family, which is demanded or claimed by one side and disputed by the other, can only be pleaded in front of this court during the legal proceedings. Moreover, it is the only authorised instance for house-constitutional differences between recognised members of the Grand Ducal House and Grand Ducal Family.
§ 12. Call upon all entitled members of the Grand Ducal House
The entitled members of the Grand Ducal House (§ 7) have to pass resolutions about
1) a question presented to them by the head of the house,
2) the repeal of the entire house law.
In cases of paragraph 1 item 1, it is decided by majority vote; in cases of paragraph item 1 a supermajority is needed.
§ 13. Precedence of the constitution
The current provisions apply except when otherwise stipulated by the constitution of the Grand Duchy of Luxembourg.
Documentary Our single-handed signature and affixed seal.
Luxembourg, 18 June 2012
Henri
We Henri, Grand Duke of Luxembourg, Duke of Nassau,
after inspection of the “Nassauischer Erbverein” of June 30th, 1783, in its current form of June 11th, 2012, after inspection of the family bylaw concerning the house law of May 5th, 1907, with its following changes and amendments, after inspection of the decisions of the members of the Grand Ducal Family of October 28th and November 25th, 2011,
declare and command the following new version of the family bylaws concerning the house law:
I. Basic house laws
§ 1. Proportion between the older and the newer law
This current family statute precedes all house-legal norms, with the exception of the regulations given by the “Nassauische Erbverein” of June 30th, 1783, in its current form of June 11th, 2012, called “family pact” in the following.
II. House and family membership
§ 2. Present existence
It has to be distinguished between
1) The Grand Ducal Line,
2) The Grand Ducal Family,
3) The Grand Ducal House,
The Grand Ducal Line consists of all direct marital descendants of Grand Duke Adolph (agnates and cognates). (male and female line)
The Grand Ducal Family consists of all direct marital descendants of Grand Duchess Charlotte. The spouses, widows and widowers of members of the Grand Ducal Family are included as well.
The Grand Ducal House consists of the head of state as head of the house, the former heads of state, first grade descendants of a head of the house born within a marriage according to the house rules, and the members of the family called upon to succeed to the throne according to the laws of primogeniture. The in-law spouses and widows/widowers of members according to the house rules and of deceased heads of state are included. The aforementioned widows and widowers will lose their membership to the Grand Ducal House in case of remarriage.
The head of the house is authorised, after consultation with the members of the advisory council (§ 10 (1) 4), to confer born members of the Grand Ducal Family the membership of the Grand Ducal House. In addition, the head of the house is solely authorised to give binding statements according to this house statute about the membership of the Grand Ducal Family in general and the Grand Ducal House in particular.
§ 3. Preservation and acquisition of the membership of the Grand Ducal House
Born members of the Grand Ducal House keep their membership even in case of marriage conducted without the consent of the head of the house without prejudice to the provisions given in § 7 (2). Spouses of members of the Grand Ducal House only become members of the house if the head of the house has given his written consent to the marriage.
III. Rights of members of the Grand Ducal House and the Grand Ducal Family
§ 4. General rights of members of the Grand Ducal House and the Grand Ducal Family
The rights of the members of the Grand Ducal House and the Grand Ducal Family consist of
1) the usage of name and title according to §4a and §4b,
2) the conventional usage of the coat of arms,
3) the stipends according to the family pact (Art. 24, 25 and 35)
The existing claims according to paragraph 1, item 3 can be revoked due to derogatory conduct.
It is left to head of the house to give to all members of the family having the name zu Nassau/de Nassau, in the interest and the prestige of the dynasty and the country, appropriate rules of conduct and to sum them up in a code of honour. Grave neglect of duties and repeated contravention of the rules by the aforementioned members can be punished, after previous warning if applicable, by the head of the house by the advice of the advisory council.
§ 4a. Title of the head of state and the heir apparent
The head of state is styled as Royal Highness and bears the title of Grand Duke or Grand Duchess of Luxembourg, Duke or Duchess of Nassau, etc. etc.
The wife by marriage according to the house rules of the head of state is styled as Royal Highness and bears the title Grand Duchess of Luxembourg, Duchess of Nassau, etc. etc. The husband by marriage according to the house rules of the ruling Grand Duchess is styled as Royal Highness and bears the title Prince of Luxembourg, Prince Consort.
The member of the family called upon to succeed to the throne (heir apparent or heiress apparent), according to the law of primogeniture, is styled as Royal Highness and bears the title Hereditary Grand Duke or Hereditary Grand Duchess of Luxembourg, Hereditary Prince or Hereditary Princess of Nassau, etc. etc.
The wife by marriage according to the house rules of the heir apparent is styled as Royal Highness and bears the title Hereditary Grand Duchess of Luxembourg, Hereditary Princess of Nassau, etc. etc. In case of widowhood §4b (1) 1 is applied. The husband by marriage according to the house rules of the heiress apparent is styled as Royal Highness and bears the title Prince of Luxembourg.
§ 4b. Name and title of Members of the Grand Ducal House and the Grand Ducal Family
Subject to the following, in paragraph 4 defined provisions, the members of the Grand Ducal House and the Grand Ducal Family, in all their official and private functions which may concern them, bear
1) the first grade marital descendants of the head of the house as well as those of the member of the house called upon to succeed to the throne according to the laws of primogeniture and their wives by marriage according to the rules of the house, have the style Royal Highness, their first name and the family name “zu Nassau” (“de Nassau”) as well as the title Prince or Princess of Luxembourg, etc. etc.
2) the second and further grade male line marital descendants of the head of the house; with the exception of the offspring of the member of the house called upon to succeed to the throne according to the laws of primogeniture (item 1); and their wives by marriage according to the house rules, have the style of Royal Highness, their first name and the family name “zu Nassau” (“de Nassau”) and the title Prince or Princess of Nassau, etc. etc.
3) those who conducted a marriage without the consent of the head of the house, the family name “zu Nassau” (“de Nassau”) as well as their previous title. The wives and legitimate offspring of this marriage bear their first name and the family name “zu Nassau” (“de Nassau”) as well as the title Count or Countess of Nassau.
The use or the conferral of a style or title in the individual case cannot deduce either rights from the membership of the house or family or consent to the marriage.
In case of a legal separation, a divorce or remarriage after death, the wives lose the style and title conferred upon them.
Moreover, the marital offspring of members of the Grand Ducal House and the Grand Ducal Family bear the last name of their father.
§ 5. Marriage contracts
The regulations of a marriage contract of a member of the house or family which touch rights and duties of the Grand Ducal House or the fidei comiss, are not binding without the written consent of the head of the house.
§ 6. Legal relationship in case of contested membership
In case of contested membership of the Grand Ducal House or the Grand Ducal Family there is no entitlement to the rights presupposing the membership of the Grand Ducal House or the Grand Ducal Family; in particular the rights stipulated in §4a and §4b require the membership. In case of contested membership of the house or family a decision according to § 11 is to be brought about.
IV. House-constitutional activities
§7. Basic policies
The right to house-constitutional activities, consisting of the right of the direct and indirect involvement in the legislation of the house and the membership in the advisory council, is generally given to the born members of the Grand Ducal House of age (entitled members of the Grand Ducal House).
In case of members of the Grand Ducal House conducting an unapproved marriage the right described in paragraph 1 rests for the length of the non-consented marriage. The same right becomes invalid in case of the renunciation of the rights to the throne.
In case of a regency, the rights of the head of the house are applied to the regent also in relation to the house law. No grave changes to the basic house law of the Grand Ducal House should be made during a regency.
For the contractual force of house-constitutional acts the consent of the advisory council is, in principle, needed. Though, by the decision of the head of the house in accordance with the following rules, it can be substituted by the consent of the entitled members of the Grand Ducal House.
§ 8. (repealed)
§ 9. Advisory council
The advisory council consists of
a) the three oldest marital first grade descendants of the head of the house
b) the two oldest first grade descendants born within wedlock of the previous head of the house with the exception of the current head of the house, on the condition that they are entitled members of the house.
It is left to the discretion of the previous head of the house and the spouse of the current head of the house to take part in the meetings of the advisory council in an advisory role.
In case that there aren’t enough members available for the advisory council in accordance with paragraph 1, it is the responsibility of the head of the house to complete the advisory council with one or more bearers of the family name “zu Nassau” (§ 9 (3)).
In reference to the 2008 government revocation announcement of the law of December 15th, 1988, anchoring restriction concerning the convention of the elimination of all forms of discrimination of women of December 18th, 1979, the house-constitutional activities of the agnates are extended to the entitled female members of the Grand Ducal House and is applied for the first time to Our descent, and also, in case of the application of current § 9 (1b), to the female members of the Grand Ducal Family.
§ 10. Responsibilities of advisory council
The advisory council is asked:
1) to assess questions given to them by the head of the house,
2) to give or deny the required consent, instead of the entirety of entitled members of the Grand Ducal House according to § 7 (4),
3) to mediate differences of opinion within the Grand Ducal House and the Grand Ducal Family
4) to make exceptional grants compared to the existing house laws in individual cases, as well as to comment on the proposed conferring of membership of the Grand Ducal House (§ 2),
5) to make arbitral decisions in certain cases of dispute in accordance with the following §11
The advisory council decides in a secret ballot and with the majority of votes. Its decision in the cases of paragraph 1, item 5 is always final.
Should a member, due to bias or on other grounds, not take part in a discussion and decision the head of the house has to appoint another member of the family “zu Nassau” as a replacement member.
§ 11. Family arbitral court
The advisory council (§ 9), in cases of legal disputes according to the last two paragraphs of the current article, is enlarged to a family arbitral court with the addition of four jurists, which are chosen equally by the suitor and the defending party. In case of default, they are chosen by the advisory council.
The claim to a positive or negative assessment of a membership of the house or family, which is demanded or claimed by one side and disputed by the other, can only be pleaded in front of this court during the legal proceedings. Moreover, it is the only authorised instance for house-constitutional differences between recognised members of the Grand Ducal House and Grand Ducal Family.
§ 12. Call upon all entitled members of the Grand Ducal House
The entitled members of the Grand Ducal House (§ 7) have to pass resolutions about
1) a question presented to them by the head of the house,
2) the repeal of the entire house law.
In cases of paragraph 1 item 1, it is decided by majority vote; in cases of paragraph item 1 a supermajority is needed.
§ 13. Precedence of the constitution
The current provisions apply except when otherwise stipulated by the constitution of the Grand Duchy of Luxembourg.
Documentary Our single-handed signature and affixed seal.
Luxembourg, 18 June 2012
Henri
Tatiana Maria
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The above translation of the family bylaw should be credited to the blog Luxarazzi.
www.luxarazzi.com
The original text is published here:
legilux.public.lu
It is important to note that the family bylaw concerning the family pact is not the most important house law: That would be the family pact itself.
legilux.public.lu
Luxarazzi provided a translation of this as well.
www.luxarazzi.com
While Luxarazzi's translations are a valuable resource and generally commendable, they do contain the occasional error, and so it is useful to consult the original document in addition to the translation.
Family Bylaws Concerning the House Law of the House of Luxembourg-Nassau
As we have been asked a few times whether we could provide a translation of the house law of the Grand Ducal Family, we have come up with ...
The original text is published here:
Legilux
It is important to note that the family bylaw concerning the family pact is not the most important house law: That would be the family pact itself.
Legilux
Luxarazzi provided a translation of this as well.
Family Pact of the House of Nassau
Last week, we already had a look at the Family Bylaws Concerning the House Law of the Grand Ducal Family of Luxembourg . The bylaws were t...
While Luxarazzi's translations are a valuable resource and generally commendable, they do contain the occasional error, and so it is useful to consult the original document in addition to the translation.
Tatiana Maria
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I think Grand Duke Henri would dispute that his house laws are "certainly not applicable in the United Kingdom".
Firstly, the house laws never state that they are only applicable in Luxembourg.
Secondly, the house laws were signed by Henri alone. In the normal order of things, laws in Luxembourg were and are co-signed by the grand duke and a member of the government of Luxembourg, as is required by the Constitution of Luxembourg for “Les dispositions du Grand-Duc”. So although the house laws were published in the Official Journal of the Grand Duchy of Luxembourg, the absence of government countersignature suggests they are not part of the body of Luxembourg civil law.
Thirdly, the old German princely doctrine (the Nassau family and their house laws originated in Germany) was that house laws were applicable without borders as they were independent of state jurisdiction.
In fact, as you have mentioned elsewhere, that argument is deployed by some of the ex-ruling and ex-noble families of Europe to try to justify their continued claims to titles, ranks, orders, family headship, and so on, even when those titles, orders, etc. have explicitly been stripped from them by the laws of the state from which they originated. The families argue that while their titles etc. no longer exist in state law, they continue in existence under their house laws.
Given the aforementioned factors, I would say the house laws were intended to be applicable universally to the members of the house, regardless of their location.
Note: The house laws and translations by Luxarazzi can be found in the posts above.
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The Bylaws require an Advisory Council to support the Head of the House in his decisions regarding some aspects of the House.
So, if I understand it correctly, the current Advisory Board consists of the following members:
- Guillaume
- Felix
- Alexandra [or Louis]
- Marie-Astrid [or Guillaume]
- Margretha [or Jean]
With advisory member: Maria Teresa
After the abdication it will be:
- Charles
- Francois
- Felix
- Alexandra [or Louis]
And a fifth person to be appointed by Guillaume (I suppose he might either include one of his aunts or Sebastien)
With advisory member: Stéphanie
I don't see any exclusion based on age; or am I missing something? There is an exclusion based on 'membership of the house'.
I am not fully sure whether Jean and Louis meet that criterion as they were born as first grade descendants of a head of the house (etc) but are no longer in the line of succession. So, I am not sure whether they need to be both in line of succession and first grade descendants or either/or (however, in that case, the house would grow exponentially). Also the position of Marie-Astrid and Margaretha as members of the Grand Ducal House is not completely clear to me. If they aren't members, than Guillaume would take Marie-Astrid's place and there would be one vacancy to fill by the head of the house.
Source
So, if I understand it correctly, the current Advisory Board consists of the following members:
- Guillaume
- Felix
- Alexandra [or Louis]
- Marie-Astrid [or Guillaume]
- Margretha [or Jean]
With advisory member: Maria Teresa
After the abdication it will be:
- Charles
- Francois
- Felix
- Alexandra [or Louis]
And a fifth person to be appointed by Guillaume (I suppose he might either include one of his aunts or Sebastien)
With advisory member: Stéphanie
I don't see any exclusion based on age; or am I missing something? There is an exclusion based on 'membership of the house'.
I am not fully sure whether Jean and Louis meet that criterion as they were born as first grade descendants of a head of the house (etc) but are no longer in the line of succession. So, I am not sure whether they need to be both in line of succession and first grade descendants or either/or (however, in that case, the house would grow exponentially). Also the position of Marie-Astrid and Margaretha as members of the Grand Ducal House is not completely clear to me. If they aren't members, than Guillaume would take Marie-Astrid's place and there would be one vacancy to fill by the head of the house.
Last edited:
Tatiana Maria
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Luxarazzi is an excellent blog and they did an overall good job of translating, particularly given that (if I remember correctly) English is not their native language. However, allow me to make a couple of minor corrections to their translation of § 9, paragraph 1:
Ҥ 9. Advisory council
The advisory council consists of
a) the three oldest marital first-degree descendants of the head of the house
b) the two oldest marital first-degree descendants of the previous head of the house, with the exception of the current head of the house,
on the condition that they are entitled members of the Grand-Ducal House.”
The advisory council consists of
a) the three oldest marital first-degree descendants of the head of the house
b) the two oldest marital first-degree descendants of the previous head of the house, with the exception of the current head of the house,
on the condition that they are entitled members of the Grand-Ducal House.”
The age restriction is in the definition of “entitled members of the Grand-Ducal House”. The term “Grand-Ducal House” is defined in § 2-3, and the term “entitled” is defined in § 7.
“IV. House-constitutional activities
§7. Basic policies
The right to house-constitutional activities, consisting of the right of direct and indirect involvement in the legislation of the house and membership in the advisory council, is generally given to the born members of the Grand Ducal House of age (entitled members of the Grand Ducal House).”
§7. Basic policies
The right to house-constitutional activities, consisting of the right of direct and indirect involvement in the legislation of the house and membership in the advisory council, is generally given to the born members of the Grand Ducal House of age (entitled members of the Grand Ducal House).”
First, let me make some corrections to Luxarazzi’s translation of § 2, paragraphs 4-5, where “Grand Ducal House” is defined. (If it is still not clear to you, please let me know.)
Ҥ 2. Present membership.
[…]
The Grand Ducal House consists of the head of state as head of the house, the former heads of state, and the first-degree descendants, born within a marriage according to the house rules, of a head of the house and of the member of the family who is called upon to succeed to the throne according to the laws of primogeniture.
The spouses and widows/widowers, married according to the house rules, of members and deceased heads of state of the Grand Ducal House are also included. The aforementioned widows and widowers will lose their membership of the Grand Ducal House in case of remarriage.”
[…]
The Grand Ducal House consists of the head of state as head of the house, the former heads of state, and the first-degree descendants, born within a marriage according to the house rules, of a head of the house and of the member of the family who is called upon to succeed to the throne according to the laws of primogeniture.
The spouses and widows/widowers, married according to the house rules, of members and deceased heads of state of the Grand Ducal House are also included. The aforementioned widows and widowers will lose their membership of the Grand Ducal House in case of remarriage.”
Second, the house laws were last (publicly) revised in 2012. In my opinion, the new regulations introduced by the new Constitution of Luxembourg of 2023 mean that the family members who renounced their right to the throne before 2023 (back when the succession to the Luxembourg throne was based on the house laws, rather than being based on the Constitution as now) are now back in the line of succession to the throne. (I would be happy to move this comment to Luxembourg Succession if anyone wants to debate this point further.)
I would say the transitional provision (beginning “In reference to the 2008…” in Luxarazzi’s translation) was included because either Marie-Astrid or Margaretha (probably both) received approval for their marriages and thus are entitled members of the Grand-Ducal House. (If anyone would like me to retranslate that paragraph to make it clearer, just ask.)
Here is the 2012 version of the 1907 bylaws, for those who read German and/or would like to check the translation themselves.
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Tatiana Maria
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Before saying anything more about the house laws, I have a question: What is the preferred (and easily understood) terminology when referring to older and newer editions of what is technically the same law?
Allow me to explain using an example. The highest house law of the House of Nassau is a document which is unofficially referred to as the 1783 family pact. As one might guess, this house law was created in 1783.
In the 2010s, the House of Nassau (now Luxembourg’s ruling family) realized the 1783 family pact was outdated. However, Grand Duke Henri chose not to repeal the 1783 family pact and create a new family pact.
Grand Duke Henri “only” amended the 1783 family pact. However, he amended the 1783 family pact by completely rewriting it: He deleted all the original text and replaced it with all-new text. None of the words that were written in 1783 remain in the 1783 family pact. All of the words that are currently part of the “1783 family pact” were written in 2012.
So, what terms would be easiest for readers to understand when referring to either the original or rewritten versions of the 1783 family pact? I would like to be clear which house law is being discussed (as other house laws also exist, such as the bylaw discussed in the last few posts), but also which version is being discussed (the text written in 1783 versus the text written in 2012).
Allow me to explain using an example. The highest house law of the House of Nassau is a document which is unofficially referred to as the 1783 family pact. As one might guess, this house law was created in 1783.
In the 2010s, the House of Nassau (now Luxembourg’s ruling family) realized the 1783 family pact was outdated. However, Grand Duke Henri chose not to repeal the 1783 family pact and create a new family pact.
Grand Duke Henri “only” amended the 1783 family pact. However, he amended the 1783 family pact by completely rewriting it: He deleted all the original text and replaced it with all-new text. None of the words that were written in 1783 remain in the 1783 family pact. All of the words that are currently part of the “1783 family pact” were written in 2012.
So, what terms would be easiest for readers to understand when referring to either the original or rewritten versions of the 1783 family pact? I would like to be clear which house law is being discussed (as other house laws also exist, such as the bylaw discussed in the last few posts), but also which version is being discussed (the text written in 1783 versus the text written in 2012).
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Probably just add the 'year' in which it was last updated/amended between brackets?
Tatiana Maria
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Currently, there are three fundamental sources of law concerning the grand-ducal family. In order of precedence, these are:
1. The Constitution of the Grand Duchy of Luxembourg of October 17, 1868, as last amended effective July 1, 2023.
2. The Family Pact of the House of Nassau of June 30, 1783, as last amended effective June 27, 2012.
3. The Family Bylaw Concerning the House Constitution of May 5, 1907, as last amended effective June 27, 2012.
A brief introduction:
1. The Constitution of the Grand Duchy of Luxembourg of October 17, 1868, last amended effective July 1, 2023.
The current Constitution of the Grand Duchy of Luxembourg factually dates to June 23, 1848. However, it is referred to as the Constitution of October 17, 1868, the date of a major reform which restored the democratic liberties (which King-Grand Duke Wilhelm III had removed in 1856) from the original constitutional text of 1848.
The Constitution existed continuously since 1848, but was revised on many occasions. Most recently, a comprehensive reform of the Constitution took effect on July 1, 2023. This reform was so broad and added so much new text to the Constitution that it is sometimes referred to as a “new Constitution”, even though it is merely the latest amended version of the old Constitution.
As of this writing, the July 1, 2023 version of the Constitution remains current.
The Constitution of the Grand Duchy takes precedence over the house laws, which is acknowledged within the house laws.
As far as the grand-ducal family is concerned, the Constitution codifies laws on:
- the grand duke’s role, powers, and responsibilities;
- the grand duke’s immunity (article 44);
- the grand duke’s oath of office (article 57);
- succession or election to the office of grand duke (articles 56, 61 and 132);
- abdication (article 56) or removal (article 59) of the grand duke;
- substitution for the grand duke by a lieutenant-representative (article 58) or regent (article 59);
- the state dotations for the grand duke, former head of state, hereditary grand duke, regent, and lieutenant-representative (article 54);
- the grand-ducal administration (article 54);
- the grand-ducal palaces (article 55).
The current version of July 1, 2023 of the Constitution may be read in full at this link. Older versions since 1919 may also be selected from the menu with the clock icon.
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1. The Constitution of the Grand Duchy of Luxembourg of October 17, 1868, as last amended effective July 1, 2023.
2. The Family Pact of the House of Nassau of June 30, 1783, as last amended effective June 27, 2012.
3. The Family Bylaw Concerning the House Constitution of May 5, 1907, as last amended effective June 27, 2012.
A brief introduction:
1. The Constitution of the Grand Duchy of Luxembourg of October 17, 1868, last amended effective July 1, 2023.
The current Constitution of the Grand Duchy of Luxembourg factually dates to June 23, 1848. However, it is referred to as the Constitution of October 17, 1868, the date of a major reform which restored the democratic liberties (which King-Grand Duke Wilhelm III had removed in 1856) from the original constitutional text of 1848.
The Constitution existed continuously since 1848, but was revised on many occasions. Most recently, a comprehensive reform of the Constitution took effect on July 1, 2023. This reform was so broad and added so much new text to the Constitution that it is sometimes referred to as a “new Constitution”, even though it is merely the latest amended version of the old Constitution.
As of this writing, the July 1, 2023 version of the Constitution remains current.
The Constitution of the Grand Duchy takes precedence over the house laws, which is acknowledged within the house laws.
As far as the grand-ducal family is concerned, the Constitution codifies laws on:
- the grand duke’s role, powers, and responsibilities;
- the grand duke’s immunity (article 44);
- the grand duke’s oath of office (article 57);
- succession or election to the office of grand duke (articles 56, 61 and 132);
- abdication (article 56) or removal (article 59) of the grand duke;
- substitution for the grand duke by a lieutenant-representative (article 58) or regent (article 59);
- the state dotations for the grand duke, former head of state, hereditary grand duke, regent, and lieutenant-representative (article 54);
- the grand-ducal administration (article 54);
- the grand-ducal palaces (article 55).
The current version of July 1, 2023 of the Constitution may be read in full at this link. Older versions since 1919 may also be selected from the menu with the clock icon.
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