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Parliament approves changes to police certificate
Luxembourg

Parliament approves changes to police certificate

21.03.2013 From our online archive
Foreign nationals seeking Luxembourg nationality and people applying for work here will no longer have to obtain a full police certificate under recently approved changes.

(CS/DS) Foreign nationals seeking Luxembourg nationality and people applying for work here will no longer have to obtain a full police certificate under recently approved changes.

Residents who would normally be required to obtain a “casier judiciaire”, or police certificate listing violations of the law, will no longer need the “Bulletin N° 3”, listing prison sentences.

Instead, the “Bulletin N° 2” will be issued, which lists all convictions, with the exception of prison sentences of less than six months with a reprieve.

The change means that, for example, if a driver was sentenced by a court for drink driving, this will be shown on the new police certificate.

The aim is to create more transparency, a parliament spokesperson said.

Data protection

The judiciary will only have access to criminal records in case of criminal proceedings. A civil judge, for example in a divorce case, will not have access.

In a bid for better data protection only the citizen will have access to their criminal record apart from the judiciary, excluding the state, public and private employers, or other administrations.

Under the new law, clubs and associations, especially those working with children and young people, are allowed to ask for a criminal record.

Information exchange

The reform also facilitates the exchange of information between Luxembourg and other European countries. The judiciary of other EU members states will now have access to the criminal records of individuals and companies if criminal proceedings against them are ongoing abroad.

In return, if a non-national from the EU is sentenced in the Grand Duchy, the prosecution will forward this information to the country of origin.