Bailiffs in Luxembourg
Professional Activities and Legal Framework
The law of 4 December 1990 entitled Loi portant organisation du service des huissiers de justice organises de profession of huissier de justice.
Huissiers de Justice:
- signify acts and exploits as well as to make those notifications prescribed by laws and regulations;
- execute court decisions;
- recover debts;
- conduct public sales of movables; and
Bailliffs are covered by the general Directives on mutual recognition of diplomas, unless they can show that their activities are exempt under the Treaty exceptions to free movement to be found in Articles 39 (4) or 45 EC. This is unlikely as the European Commission reportedly (Law Society Gazette) has recently decided (November 2000) that notaries are not to be considered as immune from the effects of the free movement articles of the Treaty.
Article 1 of the law of 4 December 1999 describes the essential entry requirements, amongst which are the requirements to possess the Luxembourg nationality and to be 23 years old.
The requirements for appointment are that the candidate has obtained his secondary education leaving certificate (or equivalent diploma), to have attended without interruption a three-year training course. At least half of the training period must have been accomplished in a huissier de justice practice. The remainder can be spend in a solicitor’s practice.
The regulation of 23 December 1971 (modified 12 February 1999) provides for the rules concerning the training course and examination. After this three-year period, the candidate is required to pass an exam to obtain the certificate of candidate-huissier de justice. A candidate to a post of huissier de justice submits his request to the Ministry of Justice. He will be appointed by the Grand-Duke after nomination of the District Court.
Legal Training and Discipline
The State Prosecutor is in charge of maintaining order and discipline within the profession (see articles 29-44 of the 4th of December 199 law). He instructs the case, and if he decides that there is a disciplinary infringement, he refers the case to the District Court (civil chamber) who exercises disciplinary powers over huissiers de justice for:
- violation of rules concerning the profession;
- professional negligence;
- acts contrary to delicacy, professional dignity, honour and probity.
Disciplinary sanctions are imposed in accordance to seriousness and range from a warning to destitution.
All the huissiers de justice of Luxembourg are members of the Chambre des huissiers (Chamber). The regulation of 14 September 1973 entitled Règlement grand-ducal réglant le fonctionement de la chambre des huissiers de justice provides the rules on organisation, competence and functioning of the Chamber. The Chamber is responsible for:
- representing the huissiers de justice;
- giving its opinion to the tribunals or prosecutors in case of a conflict involving a huissier de justice;
- maintaining order and discipline within the profession.
Author: J Lonbay (A), 2008
Other Legal Professionals
There is an entry about lawyers in Luxembourg in this European legal encyclopedia. Information about lawyers in Europe countries is provided here.
There is an entry about notaries in Luxembourg in this European legal encyclopedia. Information about notaries in Europe is provided here.
Bailiffs in some other European Countries
- Information on bailiffs in Austria
- Information on bailiffs in Belgium
- Information on bailiffs in Denmark
- Information on bailiffs in France
- Information on bailiffs in Germany
- Information on bailiffs in the Netherlands
- Information on bailiffs in Portugal
- Information on bailiffs in the United Kingdom