Internal reporting to the Ministry of Housing and Spatial Planning
Last update
Whistleblowers who report breaches of legal rules are protected against all forms of retaliation.
A uniform European legal framework has been created to protect whistleblowers in certain fields of action of the European Union.
The Ministry of Housing and Spatial Planning (MLOGAT), in collaboration with the Government IT Centre, has made available an online assistant on MyGuichet.lu that allows whistleblowers to submit internal reports relating to breaches within the MLOGAT without having to authenticate themselves.
You are encouraged to submit an internal report first before reporting externally to one of the competent authorities designated by the law of 16 May 2023 (Article 18), unless internal reporting could be detrimental to you (e.g. retaliation by your employer).
The Office for Whistleblowers can provide information and assistance to anyone wishing to make a report.
Who is concerned
Whistleblowers who, in the course of their professional relationship with the Ministry of Housing and Spatial Planning (MLOGAT), have obtained information about breaches in a professional context, including:
- salaried workers (including civil servants and State employees);
- job candidates;
- persons whose work relationship has been terminated;
- persons who are self-employed;
- shareholders and persons belonging to the administrative, management or supervisory body of an undertaking, including non-executive members;
- volunteers and paid or unpaid trainees;
- anyone working under the supervision and direction of contractors, subcontractors and suppliers.
The protection also extends to:
- facilitators (natural persons assisting whistleblowers on a confidential basis);
- third parties who have a work-based or personal relationship with whistleblowers and who are at risk of retaliation, such as the whistleblower's colleagues or relatives;
- legal entities that the whistleblower owns, works for or is otherwise connected with in a work-related context;
- persons who have reported or disclosed information on breaches anonymously, but who are subsequently identified and suffer retaliation;
- persons reporting breaches to relevant institutions, bodies, offices or agencies of the European Union.
The protection in question does not apply to:
- reporting of breaches relating to national security;
- whistleblowers whose relationships are covered by:
- medical confidentiality;
- the confidentiality of lawyer-client relations;
- the professional secrecy to which a notary or court bailiff is bound;
- the secrecy of judicial deliberations;
- rules on criminal procedure.
How to proceed
What can be reported?
As a whistleblower, you can report any breach of national law and/or European Union law, that is to say, acts or omissions that:
- are unlawful; or
- goes against the object or the purpose of the directly applicable rules of national law or European law.
You can communicate any information, including reasonable suspicions, concerning:
- actual or potential breaches; and/or
- attempts to conceal such breaches,
which have occurred or are very likely to occur:
- in the organisation in which you work or have worked; or
- with which you are or have been in contact through your work.
Please note: You may not disclose information which you have acquired or to which you have gained access by committing a criminal offence.
What are the conditions for protection?
In order to qualify for protection against all forms of retaliation, you must:
- have had reasonable grounds to believe that the information on breaches reported was true at the time of reporting and that such information fall within the scope of the law; and
- have made a report:
- either internally: through the reporting channels of your undertaking or administration;
- or externally: through the reporting channels of the competent authority;
- or by way of public disclosure: following external reporting that yielded no satisfactory result.
Submission of an internal report to the Ministry
If, as a whistleblower, you wish to report breaches of legislation to one of the MLOGAT departments (Department of Housing or Department of Spatial Planning), you can contact the relevant department in Luxembourgish, French, German or English:
- via the 'Whistleblower' procedure without authentication on the secure MyGuichet.lu platform; or
- by email to:
- signalement@ml.etat.lu for the Department of Housing; or
- signalement@mat.etat.lu for the Department of Spatial Planning; or
- by post to the ministry's postal address:
Ministère du Logement et de l’Aménagement du territoire
Département du logement (housing)
or (depending on your report)
Département de l’aménagement du territoire (spatial planning)
4, place de l’Europe
L-1499 Luxembourg
Send in a double envelope marked 'confidentiel' and 'à l’attention du délégué aux signalements' (i.e. put your report in a closed envelope on which you indicate the aforementioned statements, and you then put this envelope inside the second envelope on which you put the address).
The MLOGAT reporting channels are designed to ensure the confidentiality of any information sent to either department. The information transmitted in this way is accessible only to certain authorised staff of the relevant department, who are bound by professional secrecy.
The secure MyGuichet.lu platform is to be preferred insofar as this channel provides the best possible guarantee of independence and autonomy for the receipt and processing of reports of breaches received in accordance with the law of 16 May 2023.
Any processing of personal data carried out under the law of 16 May 2023 is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
As a public authority processing personal data, the MLOGAT is bound to respect the obligations incumbent on it in its capacity as a data controller.
For any questions regarding the processing of your personal data by MLOGAT, please refer to the following pages:
Online services and forms
Who to contact
-
Ministry of Housing and Spatial Planning Department of Housing - Reporting
- Address:
- 4, place de l’Europe L-1499 Luxembourg
- Email address:
- signalement@ml.etat.lu
- Website:
- https://logement.public.lu/fr.html
-
Ministry of Housing and Spatial Planning Department of Spatial Planning - Reporting
- Address:
- 4, place de l’Europe L-1499 Luxembourg
- Email address:
- signalement@mat.etat.lu
Related procedures and links
Links
Further information
-
Aspects légaux
sur logement.lu
-
Aspects légaux
sur le Portail de l’aménagement du territoire
Legal references
portant transposition de la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union.