The scientific unit of the Chamber of Deputies (Luxembourg's Parliament) and an independent lawyer have submitted their legal opinions to the parliamentary budget execution control committee on the subject of the 2005 law governing the SuperDrecksKëscht recycling centre.
According to these legal opinions, the existing legal framework is insufficient to justify public funding of the SuperDrecksKëscht initiative. For improved supervision of the state’s budget, special legislation would have been required since the contract costs the state more than €40 million and affects the state budget for more than one year.
Following the presentation of these expert opinions on Monday, MPs analysed and discussed the conclusions and their repercussions on the contract between the state and the company Oeko-Service to carry out the SuperDrecksKëscht initiative for the period from 2018 to 2028 and for an amount well over €40 million.
On Monday 17 January 2022, MPs will discuss the matter further with Luxembourg's Minister of the Environment, Climate and Sustainable Development, Carole Dieschbourg.
In response to these expert opinions, the Ministry of the Environment, Climate and Sustainable Development issued a statement specifying that until now, the financing and execution of the SuperDrecksKëscht action has been executed by means of the relevant 2005 law, which, at that time, had been specifically voted to regulate the financing and operation of the recycling centre. The ministry noted that the opinion of the scientific unit is contrary to the opinion of the Council of State on said law.
The Environment Ministry added that there is no specific link between the execution of the SuperDrecksKëscht initiative and the constitutional question (regarding Article 99 of the Constitution) raised in the opinion of the scientific unit. That being said, should the interpretation from said opinion prevail, the ministry will amend the law accordingly.