I. Historical Background
For an understanding and interpretation of the relation between State and Church in the Grand Duchy of Luxembourg the Concordat of 1801 is significant. At this time Luxembourg was a French Department. Complementary laws and treaties date from 1998.
II. Social Facts
The Grand Duchy has a population of 450,000. Since 1979 the State has been interdicted to collect data regarding an individual’s confession or membership of a religious group by law. It can be presumed that the plurality of the population regards themselves to be catholic though. Aside there exist a few thousand Protestants, Lutherans, Calvinists and members of Free Churches. About 1,000 are of the Jewish faith. There exist also groups of Orthodox and Anglicans, Muslims and Jehovah’s Witnesses.
III. Basic Categories of the System
Although there are many discussions concerning the existence or non-existence of the Concordat of 1801 it is possible to speak of a Luxembourg Concordat model. Due to this model church and state work together in mutual support in case problems arise. The State guaranties the Church protection and financial support in specific affairs to an independent use. The Church supports the State morally and by this is used to legitimise the State. Regarding its small size Luxembourg cannot sustain any major inner crisis, which is considered by the Church and trade unions.
IV. Cultural and social exercise of functions
The topic ‘school’ is treated in the Constitution (Art. 23). Primary schools are under public custody. Pupils there have a right to choose between taking part in Christian religious education or courses in world ethics. Pupils from public secondary schools and vocational schools have the right to choose, too. Secondary schools which are guided ecclesiastically can be supported by the State up to 80%.
The Archdiocese is the owner of the largest daily newspaper (“Luxemburger Wort”) as well as owner of a controlling interest in a radio station (“De Neie Radio”). In the Grand Duchy the police force and military personal are under pastoral care of military chaplains. The chaplain’s legal status is arranged by military law. For public hospitals there are no explicit legal regulation regarding pastoral care of patients. However hospital chaplains have the right to visit patients.
V. Legal foundations
Religious freedom and freedom of worship are completely guaranteed in Art. 19 of the Constitution. The Catholic Church has extraordinary significance in Luxembourg. The Protestant Church, the Jews, the Greek Orthodox Church as well as the Catholic Church are recognised as public corporations.
Further agreements with the Anglicans, the Romanian Orthodox and the Serbo/Croatian Orthodox were planned in 2004. However the Council of State has come up with objections. Churches which are recognised as public corporations are forming associations and companies within the scoop of civil law to administrate their property and goods. Concerning the Muslim Community there is no representative so far who is accepted by Muslims and the government. Muslims are not yet recognised as public corporations. Religious communities which are not recognised as public corporations have the right to create foundations under civil law, though. These foundations almost have the same rights as officially recognised communities.
The Church in Luxembourg is financed from the State budget. Officeholders of the Church are paid by the general State budget. Churches which are officially recognised profit as public corporations from the same tax-emptions as private law foundations.
Concerning matrimonial law there is the legal principle of universal civil marriage in force.