Former environment minister Carole Dieschbourg, speaking during a press conference in July last year  Photo: Romain Gamba / Maison Moderne

Former environment minister Carole Dieschbourg, speaking during a press conference in July last year  Photo: Romain Gamba / Maison Moderne

Luxembourg’s parliament will draft a new law to set out the specifics of how to conduct an investigation against former environment minister Carole Dieschbourg.

Dieschbourg (déi Gréng) in the wake of a preliminary investigation by the public prosecutor’s office over accusations of favouritism towards fellow Green party politician Roberto Traversini.

Traversini had received a building permit to refurbish a garden shed located in a Natura 2000 protected zone after works had already begun. Dieschbourg has said that normal procedures were applied.

But only parliament can lift the immunity of a member of government, meaning the public prosecutor had forwarded the case to lawmakers. Once the environment minister resigned it was of the investigation as it dated to Dieschbourg’s time in office even if she is now no longer in government.

Members of parliament on Wednesday decided to draft a law to regulate the specifics, which was foreseen in the constitution but then never adopted.

Under the plans, the public prosecutor’s office will continue its preliminary investigation. This will mean that it can interrogate Dieschbourg. The prosecutor will deliver the outcome of its investigation to parliament, which should follow its recommendation on further steps.

For example, the prosecutor could close the case without any further action if it decides there is no evidence to support claims of wrongdoing. Alternatively, it could recommend for the case to move to trial, in which case the affair would be submitted to the highest court.

While the drafting of the law will cost time and leave the case in limbo for even longer, politicians of the majority parties said it will help prevent accusations of procedural errors and possible action at the European Court of Human Rights.

Opposition parties on the other hand said that this will lead to further delays and insisted the procedure originally foreseen could have been followed. Legal experts at the Chamber of Deputies had said lawmakers could pass a resolution for the criminal police to interrogate Dieschbourg.

But a constitutional expert and University of Luxembourg professor, Luc Heuschling, had shed doubt on this reading of the applicable laws. By outsourcing most of the procedure to the public prosecutor’s office the case if being de-politicised, Heuschling said.