Luxembourg’s Minister for Home Affairs, Léon Gloden;
Credit: SIP Claude Piscitelli
On Wednesday 17 July 2024, Luxembourg’s Minister for Home Affairs, Léon Gloden, presented the draft law on the "reinforced Platzverweis" (removing people from certain public spaces) to the Government Council (Cabinet).
"Public space belongs to everyone. The government takes seriously the recurring complaints from residents of buildings, shopkeepers and pedestrians about people blocking entrances to buildings or disturbing public order. And the government takes into account the findings and criticism from police officers on the ground and police unions. This is why we are supplementing the current 'Platzverweis' with additional measures," explained Minister Gloden.
According to the ministry, the current "Platzverweis" was criticised due to the practical difficulties of its implementation and the lack of precise modalities. The so-called "access guarantee" was reportedly merely intended to call to order people who obstruct the publicly accessible entry or exit of a public or private building in such a way as to hinder the freedom of movement of others and to remove them if they do not comply. These measures also formed part of the fight against “organised begging” and prompted public outrage as the lack of precise modalities translated into a kind of begging ban.
"With the 'reinforced Platzverweis', the government is providing the police, as provided for in the coalition agreement, with a law enforcement measure with a broad scope of application, with clearly defined modalities", noted Minister Gloden.
The targeted behaviours under the "reinforced Platzverweis" procedure include obstructing publicly accessible entry or exit points of buildings, disturbing public peace, health, or safety, obstructing traffic on public roads, violating the freedom of movement of pedestrians on public roads and accessible areas and causing annoyance to pedestrians in public spaces. The procedure involves several stages: initially, a reminder of order is issued by the police, followed by an injunction to move away. If necessary, the police can enforce removal within a one-kilometre radius for up to 48 hours, documenting each instance with a report. Upon repeated non-compliance (at least twice within 30 days), the mayor has the authority to impose a temporary ban from the location for up to 30 days.
