European Policy

The majority of the legislation currently originates at a European Union level.

The Ministry of the Economy's General Directorate (GD) for European Policy and Intellectual Property (DG, Direction Générale Politique européenne et propriété intellectuelle) adds weight to the European component in the work done by the services that come under the Ministry of the Economy.

This General Directorate is responsible for coordinating EU policy within the Ministry and relationships with European institutions, including through its representatives in Brussels at the Permanent Representation to the EU.

This GD ensures that internal market policy and competition is monitored at a European and national level.

It is responsible for implementing EU Regional Policy by managing projects financed through structural funds (ERDF).

It includes the Intellectual Property Office (OPI, Office de la Propriété Intellectuelle) which is responsible for developing the national policy and strategy regarding intellectual property.

Internal market and competition policy

The General Directorate for European Policy and Intellectual Property is responsible for the policies and the legal framework concerning the internal market and competition, including negotiations and the implementation of European regulations and directives: 

• Monitoring of the internal market policy at a European and national level specifically with regard to the free movement of goods and services; 
• European and national legislation on competition law; 
• Legislative watch at a national level with a view to ensuring that Luxembourg law conforms with the rules of the Internal Market.

Notifications regarding the establishment and provision of cross-border services

Directive 2006/123 on services in the internal market ("Services Directive"), transposed by the amended law of 24 May 2011 on services in the internal market, aims to eliminate obstacles to service provision in the internal market.  

The Directive benefits service providers who wish to become permanently established in or to provide their services temporarily in another EU Member State.

To ensure the conformity of national measures and to prevent the creation of undue obstacles, the Directive requires Member States to notify any national measure that falls within the scope of its application. 

In Luxembourg, the Ministry of the Economy's General Directorate for European Policy and Intellectual Property has a duty to notify the European Commission of any national measure that affects the freedom of establishment or the freedom to provide services. The Commission examines the compatibility of this new provision with European law and, where necessary, adopts a decision to ask the Member State concerned to refrain from adopting it, or to remove it.

National point of contact for regulated professions

The free movement of workers, the freedom of establishment and the freedom to provide services must not be impeded by the way in which Member States decide to regulate certain professions.

The restrictions a Member State places on access or on exercising a profession must be non-discriminatory, motivated by an objective of general interest and proportionate.

Consequently, the "proportionality test law" (law of 2 November 2021 on a proportionality test before adoption of new regulation of professions) provides that for any new regulation, whether it is legislative, regulatory or administrative, regulators must conduct a proportionality test prior to its adoption. This test also relates to any amendment to existing legislation.

The test is the subject of an objective and independent review. This test is carried out: 

• by the Council of State, for any draft laws and proposals for Grand Ducal legislation or regulations,
• by an independent Committee made up of members of the Ministry of the Economy and the Ministry of Higher Education and of external experts, for urgent Grand Ducal regulations and for administrative measures (ministerial regulations),
• By the National Point of Contact (NPC), for regulations that fall within the remit of a public establishment or a professional body

Contact: National Point of Contact (NPC), Ministry of the Economy, General Directorate for European Policy and Intellectual Property: proportionnalite@eco.etat.lu

SOLVIT

The SOLVIT centre, situated within the General Directorate for European Policy and Intellectual Property, helps citizens and businesses facing a cross-border problem that has resulted from a potential violation of EU law by a public authority.

Contact SOLVIT if you wish to find an amicable resolution for difficulties encountered in the implementation of EU law.

ERDF

Finally, the General Directorate for European Policy and Intellectual Property implements the EU Cohesion Policy (ERDF) in Luxembourg.

The operational programmes covering the periods 2014-2020 and 2021-2027, approved by the European Commission arise from the objective "Investment for jobs and growth", with total budgets of around 48.2 million euros and 49.2 million euros respectively.

The two programmes comprise 2 objectives:

• To support the transition to a low-carbon economy in every sector through:
  • investments in facilities that promote the use of renewable energy;
  • improving energy efficiency, in particular with regard to buildings (public and private) and the rational use of energy;
  • promotion of sustainable urban mobility.
• To improve and strengthen growth and jobs by encouraging activities based on knowledge, innovation and research, as well as technological development.