LUXEMBOURG CITY BANS BEGGING
Luxembourg Mayor says begging ban has been a success, but critics dispute its legality
Luxembourg City’s Mayor, Lydie Polfer, insists people feel safer since a begging ban was introduced, but homeless people say polite begging does not harm anyone
December 2024: Although begging has been banned in the city centre of Luxembourg City for a year now, it is still a controversial topic. Lydie Polfer, the city's mayor, speaks of success against 'organised begging', but an investigation published in June 2024 describes the measure by the City as unconstitutional.
Since December 2023, begging, even ‘quiet begging’ for alms, is prohibited in the entire city centre, the station district, parks, car parks and near schools between 7 am and 10 pm.
Under the new legislation, beggars found on the streets of Luxembourg City could be ordered to pay a fine of between €25 and €250 or face several days in prison if they cannot pay. Aggressive beggars, if convicted, are likely to receive longer prison sentences.
In an interview with the German news channel Tagesschau and the German-French broadcaster Arte, Lydie Polfer spoke of great success against organised begging crime. She even mentioned human trafficking. “From one day to the next, the begging gangs disappeared.” But the mayor also emphasised that although any kind of begging is forbidden, quiet beggars are not prosecuted by the police. “I communicated this from the beginning. So far, no fines have been imposed on individual beggars.”
Opposition to the begging ban
The ban has been met with fierce opposition by charities, human rights advocates and Luxembourg's left-wing parties, who described the legislation as inhumane and questioned its legality. The new legislation was introduced on 15 December 2023 by Luxembourg’s newly appointed home affairs minister, Léon Gloden. His predecessor, Tania Bofferding, fiercely opposed it. The Luxembourg City Council had initially approved the ban on begging in March 2023, but Bofferding prevented the national police from enforcing the ban.
More than 4,500 Luxembourg residents have now signed a petition forcing the country’s parliament to debate the legality of the ban. The local branch of Amnesty International agrees.
"There is clear jurisprudence of the European Court of Human Rights on the subject matter (of mendicity): in the case of Lacatus v. Switzerland (2021), the Court found a violation of Article 8 of the European Convention when imposing sanctions, such as fines, against persons begging in the street," Fernanda Pérez Solla, from Amnesty International Luxembourg, told the European news agency Euronews.
"The European Court has understood that begging allows for providing for basic needs and that persons in vulnerable situations have a right, inherent in human dignity, to meet those basic needs through begging," she said. "Moreover, the imposition of penalties under such circumstances appeared to be disproportionate."
A report published in June 2024 also found that the ban on begging was likely to be unconstitutional. Luxembourg City’s move was “probably contrary” to an article in the country’s constitution to protect individual freedoms, according to the conclusion from parliament’s scientific unit, which carries out research for members in the Chamber of Deputies.
The report's authors wrote that council intervention is not needed for so-called ‘aggressive begging’ because these behaviours already constitute offences in the penal code and are subject to criminal prosecution.
“This accumulation of criminal offences harms the clarity of criminal law, in particular, because the same behaviour is punishable by two different penalties,” the report found. The researchers also disagreed with the council’s claim that an outright ban on begging would clamp down on human trafficking.
“The need to punish begging to combat human trafficking is doubtful, particularly given the fact that the penal code expressly provides that victims of trafficking, forced to beg, are not criminally responsible,” it said. While a firm legal conclusion should be the preserve of a judge, the report said it believed the begging ban was likely to be unconstitutional. “Given all these considerations, the provisions relating to begging contained in the general police regulations of the City of Luxembourg are probably contrary to the constitution,” the report concluded.
Changes to the criminal code
In the meantime, the Luxembourg Ministry of Justice is considering removing ‘quiet begging’ from the country’s criminal code. Under the new amendments, the Criminal Code will no longer include references to ‘organised begging’. Instead, the focus will shift to criminalising ‘aggressive begging’. The quiet form of begging will be removed from the Criminal Code.
Opposition members of parliament argue that eliminating quiet begging from the Criminal Code undermines the legal basis for the begging ban in Luxembourg City. In response, the government and Luxembourg City Hall clarified that the Criminal Code was never the foundation for the city's actions on begging. Instead, the relevant legal basis has been a decree of 1789, which is frequently cited by Minister for Home Affairs Léon Gloden.
On the streets
The Tageschau and Arte reporters spoke to beggars and homeless people in Luxembourg City. They quote two men, one from France and the other from Czechia: “Begging always depends on the way you beg: If you ask for alms in a polite and friendly way, you are not harming anyone. This should be allowed.” The Frenchman was annoyed by drunken homeless people who intimidate passers-by at store entrances. “This behaviour harms all beggars.” But the consequences of a general ban on begging are clear to the man Czechia: “Those who are not allowed to beg will steal.”
Help offered to homeless people by Luxembourg City
The City of Luxembourg works closely with social services to help people in need: Caritas, Red Cross, Inter-Actions and many others, whose services include providing homeless people with hot meals, hygiene supplies, clothing and overnight accommodation.
The City also supports the Streetwork and À vos côtés services. Streetwork reaches out to vulnerable people, signposting the available support services. À vos côtés was created in response to concerns voiced by residents of some districts that they felt unsafe.
Begging in the European Union
In some EU countries, such as Finland, Portugal or Greece, there are no bans on begging. In most other countries, begging is restricted.
In Spain, Austria and Germany, for example, cities and municipalities can ban begging - for example, in certain places or specific forms of begging. In Germany, for example, the city of Bremen recently introduced a ban on begging on buses, trains and outdoor restaurants.
According to the European Court of Justice, other countries such as France and Ireland have banned intrusive begging in their national laws. Cyprus and Hungary are particularly strict, prohibiting begging nationwide. Sweden is also planning stricter laws and penalties.
Luxembourg City Mayor Lydie Polfer
Lydie Polfer was first elected Mayor of Luxembourg City in 1982 after poor health forced her father to step down from the post. She served until 1999, when she was appointed the country’s foreign minister. She assumed the mayorship again in 2013. She is a member of the centre-right Democratic Party.
Sources: ARD Tagesschau; Arte; Euronews; Luxembourg Times; Luxembourg Chamber of Deputies; Municipality of Luxembourg
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