According to the law, members of a municipal council must live in that municipality: “y habiter d’ordinaire”, says the text - ‘ordinarily live there’.
A recent uproar in Remich brought the question to the fore, as two councillors have allegedly left the municipality in question. Claude Lamberty from the DP wanted to know who was checking up on these situations.
The Minister for the Interior, Taina Bofferding, confirmed that when electoral lists are registered, the president of the main election office is responsible for this duty. If a councillor moves out of the municipality during their mandate, it is generally up to them to report this.
If this isn’t done and there are questions over whether a particular councillor fulfils the legal criteria, it is up to the mayor to launch a procedure. This then allows the police to investigate, Bofferding explained to the MPs.
“They look at where the person is staying after work, where potential children go to school and where they are registered. The households energy usage, telephone bills or a tenancy agreement are elements that can help the police.”
If a council member does not fulfil the conditions of election law, they are committing a criminal offence and risk a prison sentence, Bofferding stressed.
