In principle, the initiative for a possible merger of the commune comes from the college of burgomasters and aldermen.

At this stage, the question may arise as to whether it would be useful to carry out a preliminary analysis of the advantages and disadvantages of a merger for the commune. In practice, such an analysis has proved superfluous in some communes, where the will, or even the need, to merge was unequivocal.

The same applies to the identification of one or more potential merger partners: in some cases, existing inter-municipal cooperation is already so close that this question no longer arises.

On the other hand, when questions or even doubts arise within the local council, an in-depth preliminary analysis is recommended.

In principle, this analysis is twofold:

1. an analysis of the strengths and weaknesses of the commune's current situation, based on an inventory of the existing situation (quality and number of services offered to the population, state and availability of infrastructures...), the opportunities and risks it will face in the future (development potential, positioning in the region...), and the expected outcome of a possible merger;
2. an assessment of potential merger partners.

This phase summarizes the procedural steps that communes must take to bring their merger project to fruition.

1. Deliberations by local councils (CC) on the conduct of exploratory discussions
   > Deliberations sent to the Minister of the Interior for information.
2. Joint analysis of the advantages and disadvantages of a merger
   Possible consultations with communal commissions, local associations or the general public (working groups, workshops, surveys, etc.).
3. Definition of joint future projects and a common identity
   Political and administrative organization of the new commune: name, coat of arms, personnel, use of the special state subsidy, composition of the future college of burgomasters and aldermen (CBE) and the CC, elections (relative majority system), transitional phases, etc.
4. Deliberations of intent to merge CCs
   > Deliberations sent to the Minister of the Interior for information.
5. Draft merger agreement drawn up between State and communes
6. Agreement signed by Minister of the Interior and CBEs
7. Drafting of merger bill by Minister of the Interior
8. Deliberations by CCs with a view to organizing a referendum
   > Deliberations sent to the Minister of the Interior for information.
9. Presentation of the merger project and communication with the population
   Brochures, information meetings, social networks, etc.
10. Referendum
11. CC deliberations adopting:
    - the merger
    - the merger agreement
    - the draft merger bill
    > Deliberations sent to the Minister of the Interior for information.
12. Merger bill submitted to the Chamber of Deputies by the Minister of the Interior
13. Vote in the Chamber of Deputies and publication of the merger bill
14. Merger takes effect
    on the date set by the merger law

Deliberations by local councils on the conduct of exploratory discussions

The communal council may instruct the college of burgomasters and aldermen to conduct exploratory discussions with the partner commune(s).

The relevant deliberation, even if it does not irrevocably mean that the commune will merge, expresses the commune council's firm intention to start down the road to merger. While unanimity among the members of the local council is not essential, it is reassuring for the continuation of the work that the deliberation is supported by a large majority of council members.

The potential partner municipality(ies) also take a decision on the conduct of exploratory discussions.

It also proved essential to inform and involve the commune's staff at this stage, particularly with regard to fears about their future professional situation.

In this way, communal staff can already play an active role in the merger process, in particular by putting forward their knowledge of the commune's specific characteristics.

Joint analysis of the advantages and disadvantages of a merger

Once the decision to hold exploratory discussions has been taken, a joint analysis of the advantages and disadvantages of merging the communes concerned is carried out.

There is no standard operating procedure for this phase. There are two possible scenarios:

• From the outset, the members of the commune councils have shared the same views on the merits of merging. In this case, a summary analysis of the key elements of a merger may suffice.
• If, however, several council members are undecided or reluctant to merge, a detailed analysis of the advantages and disadvantages of a merger is recommended.

Defining shared future projects and a common identity

A municipal merger offers a unique opportunity to launch new projects in the interests of the community's citizens. This is the stage at which joint plans for the future of the new community are drawn up.

We recommend that inter-communal meetings be held on a regular basis, according to a set schedule and with precise agendas. These meetings are usually prepared by the colleges of burgomasters and aldermen, and if necessary, accompanied by external experts (Ministry of the Interior, SYVICOL or others).

On certain aspects of the merger, it may prove difficult to reach agreement between communes (e.g. On certain aspects of the merger, it may prove difficult to reach agreement between communes (e.g. name of the merged commune, location of the future communal headquarters and any annexes, distribution of seats on the communal council, allocations of certain key personnel, projects to be carried out and their potential sites, etc.). The challenge was to find solutions acceptable to all.

The seat, name and coat of arms of the new commune

As mentioned above, while discussions on the future seat, name or coat of arms of the new commune can be lengthy and cumbersome, these choices can be clear and easy to make from the outset.

The communes will have to choose a seat for the new commune, which will be included in the merger law. However, it is perfectly feasible to maintain the operation of certain annexes located in the former communal houses.

The name should enable citizens to identify with the new entity. In previous mergers, communal councils were keen to adopt simple names that were easy to remember and communicate. Some communes have kept the name of one of the former communes or merged the two names, while others have opted for a locality or a common geographical feature (valley, hill, river, etc.).

A merged commune can either create a new coat of arms, or keep the existing coats of arms of the former communes. If a new coat of arms is to be created, the municipal authorities must apply to the State Heraldic Commission, set up within the Ministry of State, which must approve and register the new coat of arms.

Of course, in addition to a coat of arms, a commune may also choose to adopt a logo, an option chosen by an increasing number of communes.

Administrative organization and services of the new commune

The administrative organization of the new commune provides an opportunity for in-depth reflection on the determination, organization and equipment of the commune's future services. There are many possibilities: extending the opening hours of commune offices, increasing staff numbers, reorganizing the technical department, new approaches to infrastructure maintenance, creating new services (housing, public relations, etc.).

It is up to political leaders to find appropriate solutions that meet the needs of the population.

Special state subsidies

The State supports municipal mergers with a subsidy set by the Government Council. The Ministry of the Interior is at the disposal of the communes to inform them of the terms and conditions currently in force.

The allocation of the state subsidy is determined by the merger bill, based on negotiations between the communes and the state. To date, the communes have opted either to allocate the subsidy to specific projects, or to repay communal loans.

Political organization: composition of political bodies, elections, transitional phases

In all communes, whether they vote according to the majority or proportional system, it is possible to increase the number of seats in the communal council and in the municipal council.the number of seats on the communal council and the college of burgomasters and aldermen during the transitional period (i.e., one or two legislatures starting of the merger), and to give each former commune the status of an electoral district in which a quota of councillors is to be elected, in order to ensure that each of the former communes is represented on the communal council. Nevertheless, each elector votes for the councillors of all the districts. The law may also provide for each former commune to be represented on the college of burgomasters and aldermen.

Communes voting according to the majority system, but exceeding the threshold of 3,000 inhabitants after the merger, may keep this electoral system in place for a transitional period.

The political leave of elected representatives is directly linked to the number of seats on a commune's municipal council. The elected representatives of a merged commune, with a temporarily enlarged communal council, can therefore benefit from more weekly hours of political leave, enabling them to devote more time to implementing the merger.

Deliberation of intent to merge

When the conclusions reached by the local councils in relation to the analyses carried out are positive, and there is agreement on the fundamental issues, the local councils adopt a deliberation declaring their intention to merge, and instruct their aldermenic colleges to implement this decision.

Drawing up the draft agreement and preliminary draft law

It is up to the colleges of burgomasters and aldermen, in consultation with their communal councils, to draw the conclusions of the discussions on the development of the new commune and to set them down in the form of priorities and projects to be carried out in a draft agreement to be negotiated with the State. The Ministry of the Interior assists the communes in drawing up this agreement and advises them on the legal aspects.

The agreement signed between the communes and the Minister of the Interior serves as the basis for the draft bill to merge the communes concerned. The elements to be included in the bill to merge two or more communes are detailed in Appendix 2. The Ministry of the Interior drafts the preliminary bill in consultation with the communes.

In Luxembourg, it is accepted that a merger of communes can only take place if a consultative communal referendum on the proposed merger has been held beforehand. The procedure to be applied corresponds to that defined by the communal law for the organization of communal referendums. This procedure must be initiated at least three months before the date set for the referendum, in order to comply with the deadlines laid down in the electoral law, particularly with regard to the closing of lists and postal voting.

The decision to hold a referendum is taken by a resolution of the municipal council. The referendum is prepared in collaboration with the Ministry of the Interior. Ideally, it should take place around 12 months before the merger law comes into force, so as to be well prepared for the practical implementation of the merger.

Presentation of the merger project and communication to the public

Prior to the referendum, the various elements of the draft agreement are presented to the general public at one or more information meetings. This will enable voters to cast an informed vote on the day of the referendum.

In addition, a survey of a representative sample of the population can be an interesting indicator for taking final communication measures.

Most merged communes have also opted for the publication of an all-in-one brochure to present the advantages of the merger, the new projects that will be carried out and all the changes that will take place (name of the commune, composition of the communal council, etc.).

A regular feature in the "Gemengebuet" on the joint initiatives and projects of the communes concerned is also a useful way of keeping the population informed.

Organizing one or more information meetings for citizens is a practice adopted by all communes that have merged in the past. Some simply held a meeting prior to the referendum, while others preferred to keep citizens informed as work progressed.

Good preparation of these meetings is essential. Some communes have enlisted the help of consultants to organize them, or to lead the debates. Reviewing all the disadvantages of the merger beforehand, so as to be ready to respond with arguments during the debates, proved to be a successful strategy for the merger project.

Deliberations adopting the merger, the agreement and the draft bill

After the referendum, the municipal councils hold a final vote on the merger and adopt the agreement by deliberation. The preliminary draft law finalized by the Ministry of the Interior is also adopted by the communal councils.

The Minister of the Interior then submits the bill to the Chamber of Deputies, and the legislative procedure begins. Once the law has been passed, promulgated and published, the merger takes effect on the date set by the law.