Luxembourg

Name of law: Loi du 14 septembre 2018 relative à une administration transparente et ouverte First adopted: 2018 Last modified: n/a RTI Rating last updated: 2019-09

Introduction

Although Luxembourg’s RTI law was adopted only in 2018, it contains many of the flaws found in other Western European laws, even though they were adopted decades earlier. Its recognition of the right is weak, with neither a constitutional nor strong statutory presumption favour of access to information. the system of procedures is just average. Several exceptions protect illegitimate interests or are not harm-tested, there is no public interest override and secrecy provisions in other laws are preserved The administrative oversight body is weak being neither independent nor possessing adequate powers, including the power to issue binding orders. There are rules protecting whistleblowers but not other good faith disclosures and there are no sanctions for obstruction of access. Several important promotional measures are also missing, such as an obligation to raise public awareness, and for public authorities to report on how they have implemented the law or maintain their records in good condition.

Colaborators