The then Hereditary Grand Duke Henri was appointed Lieutenant-Représentant of His Royal Highness Grand Duke Jean by decree of 3 March 1998 (published in Memorial on 4 March 1998) and became Grand Duke when his father abdicated on 7 October 2000. Before becoming Lieutenant-Représentant, Henri was an ex officio member of the Council of State from 1980.
Article 42 of the Constitution of Luxembourg says:
The Grand Duke may have Himself represented by a Prince of the blood, who shall bear the title of Lieutenant of the Grand Duke and who [shall] reside in the Grand Duchy.This representative shall take an oath to observe the Constitution before exercising his powers.