Dieschbourg (déi Gréng) in April over accusations of favouritism towards Green party colleague Roberto Traversini, who received planning permission for a garden shed in a nature protected zone after works had already begun. 

The minister said she would resign so that she could testify in a preliminary investigation. Only parliament can investigate members of government but since she stepped down this left open the question whether the matter could return to the public prosecutor’s office. 

Heuschling on Monday met with lawmakers to discuss the issue after he a legal opinion that said the Chamber of Deputies should lead the investigation as it dates to Dieschbourg’s time in office. Members of parliament have already been given access to the case files. The next step would have been for them to pass a resolution ordering an interrogation by the criminal police.

But the former minister’s party--déi Gréng--had invited the University of Luxembourg professor to explain his reasoning.

The constitutional expert presented two alternatives, the Luxemburger Wort and Tageblatt newspapers report: parliament could pass the matter back to the public prosecutor’s office, saying they are no longer competent because Dieschbourg is no longer a member of government. However, the public prosecutor’s office could refuse this based on a different reading of the constitution, which would leave no one responsible for the case.

A second option would be for MPs to vote on a law that specifies the procedure more clearly. This would allow the chamber to outsource the investigation to the public prosecutor’s office. This would then forward its conclusions and recommendations to the Chamber of Deputies, which would take the next steps. This would depoliticise the investigation but the process to pass this law could cause further delays.

Members from the opposition and majority parties after speaking with Heuschling said they want to avoid a procedural error but disagreed on how to proceed. A next meeting between lawmakers is foreseen for Wednesday. Until the matter is resolved, Dieschbourg cannot mount a defence in the case.

Additional reporting by Cordula Schnuer.

This story was first published on . It has been translated and edited by Delano.