The State Council has twenty-one councilors of which at least eleven must hold a doctoral degree in law or a foreign title for superior education in law. Such number does not comprise the members of the reigning Family who may be members of the State Council. 

In order to be appointed as a member of the State Council, one has to be a Luxembourger, enjoy full civil and political rights, reside within the Grand-Duchy and have accomplished the age of thirty. The Heir Grand-Duc may however be appointed as soon as such title has been conferred to him. 

The functions of member of the State Council are compatible with any function and profession, except those of member of the Government, member of the Chamber of deputies, member of a professional chamber or of the Economic and Social Council, of magistrate of the Administrative Court or of the administrative tribunal, as well as of agent of the Secretariat of the State Council. 

The councilors are appointed by the Grand-Duke. 

Whenever a vacant position of councilor has to be provided for, the substitution follows alternatively the subsequent order:
1. by direct appointment by the Grand-Duke;
2. by appointment of one among three candidates presented by the Chamber of deputies;
3. by appointment of one among three candidates presented by the State Council.

As a derogation to the above rules, the members of the reigning Family are always directly appointed by the Grand-Duke.

The councilors may be revoked by the Grand-Duke. However, they may be revoked only after the State Council has been heard in its plenary session on the motives of such revocation.

The function of councilor ends after a continuous or discontinuous period of fifteen years or when the relevant person reaches the age of seventy-two.

The Grand-Duke may dissolve the State Council. The only historical occurrence goes back to 1945 at the end of the Second World War.

In case of total renewal of the State Council, the Grand-Duke directly appoints seven members as councilors. At least seven more members are selected by the Grand-Duke from a list of ten candidates presented by the Chamber of deputies. At least seven members are selected by the Grand-Duke from a list of ten candidates presented by the State Council composed along the preceding rules.

The Grand-Duke designates each year among the councilors the President and the two Vice-presidents of the State Council.

The Secretary general of the State Council is appointed and revoked by the Grand-Duke upon proposal of the Council. He must have the quality of a civil servant. His function is not limited in time and is exercised as a full-time job.

The allowances of the members of the State Council are determined by a grand-ducal regulation dated May 15, 1997. The law of July 29, 1998 (Title VII) regulates the members' of the State Council entitlement to a pension.