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IRIS 2013-6:1/2 European Court of Human Rights: Saint-Paul Luxembourg S.A. v. Luxembourg

Ten years after the finding by the European Court of a violation of Articles 8 (right to respect for private and family life) and 10 (freedom of expression and information) of the European Convention of Human Rights in the case Roemen and Schmit v. Luxembourg (25 February 2003, IRIS 2003/5-3), the Luxembourg authorities have again been found in breach of these Articles by issuing a search and seizure warrant disrespecting the protection of journalistic sources. In 2009 a judicial investigation was opened concerning an article in the newspaper Contacto, published by Saint-Paul Luxembourg S.A. The...

IRIS 2013-1:1/28 [LU] Bill on the Creation of a New Media Authority

On 15 October 2012, the Minister for Communication and Media of Luxembourg published a bill on the creation of the Independent Audiovisual Authority of Luxembourg and modifying several laws (Bill ALIA). The Bill ALIA is now in the legislative procedure at the Chambre des Députés (Luxembourg Parliament). The reform of the Luxembourg media authorities has been debated for a few years and there had already been an earlier draft in 2008 that was retracted (Projet de loi N° 5959). Due to an increased workload stemming from the adaptation of the national legal framework to the EU Audiovisual Media Services...

IRIS 2012-4:1/2 European Commission against Racism and Intolerance: Recommendations on Media and Internet in New Country Reports

On 21 February 2012, the European Commission against Racism and Intolerance (ECRI) released its latest reports on Iceland, Italy, Latvia, Luxembourg, Montenegro and Ukraine, adopted in the fourth cycle of its monitoring of the laws, policies and practices to combat racism in the Member States of the Council of Europe (for commentary on earlier reports, see IRIS 2011-4/3, IRIS 2010-9/2, IRIS 2010-4/3, IRIS 2009-10/109, IRIS 2009-8/4, IRIS 2009-5/4, IRIS 2008-4/5, IRIS 2006-6/4 and IRIS 2005-7/2). With the exception of the Report on Montenegro, all of these reports contain sections focusing specifically...

IRIS 2012-1:1/33 [LU] Transposition of Directive 2009/136/EC on Electronic Communications Completed

In the Grand Duchy of Luxembourg, the important changes in the framework of European legislation on electronic services and communications contained in Directive 2009/136/EC (“the Directive”) and Directive 2009/140/EC have been transposed into national legislation by an amount of legislation; some of it is new, and some amends previous legislation (see also IRIS 2012-1/32). Most of these changes were promulgated between June 2010 and February 2011. When the deadline for transposition (25 May 2011) was reached, the European Commission initiated proceedings against twenty member States, including...

IRIS 2012-1:1/32 [LU] Transposition of Directives on the Common Regulatory Framework for Electronic Networks and Services now Complete

Under Luxembourg law, the transposition of the European legislative framework for electronic networks and services was initially provided for by the 2005 “Telecom Package”, which comprised four separate acts. The amendments arising from Directives 2009/136/EC and 2009/140/EC have made it necessary to adopt a number of acts amending the initial “package” and to replace several of its component parts. The latest change was made recently by the Act of 28 July 2011 (see also: IRIS 2012-2/33). The other alterations to be made were in fact adopted before the deadline for incorporation into national legislation...