The Constitution of December 17, 1962


The Constitution of December 7,1 962, affirms the status of the Principality as a sovereign and independent state in the framework of the general principles of international law and the particular treaties signed with France (article 1), stating that the government is constitutional and is a hereditary monarchy (article 2). The hereditary principle stipulates that accession to the throne, aside causes of death or abdication, is reserved to the direct and legitimate descendent of the reigning Prince, by order of first born giving priority to the male descendent (article i 0) of the same above-cited parent.

The Prince represents the Principality in its foreign relations (article 13), he signs and ratifies treaties after consultation with the Crowns Council (article 14). However the ratification of treaties affecting the constitutional body requires the intervention of the National Council. The Prince gives sovereign orders and nominates the members to the diplomatic corps and consulates, or can delegate his executive rights to the consul who has been accredited by the Principality (article 46). He also gives sovereign orders which enforce international, bilateral or multilateral treaties and conventions.

Legislative powers

The Constitution determines the legislative, executive and judiciary powers (articles 3, 4, 5), by electing the individuals detaining their respectively defined and specifically attributed authority. Furthermore, it guarantees the checks and balances separation of the administrative, legislative and judiciary functions (article 6).

The legislative powers are jointly exercised by the Prince and the National Council (article 4). A unique assembly of eighteen individuals are elected for five years by direct universal suffrage and open vote from a list of citizens of either gender above the age of twenty-one of Monegasque nationality since at least five years (article 53) who are subject to legitimacy as determined by the courts (article 55).

The instigation of a law " implies the agreement of wills " on the one hand, by the Prince who initiates laws as well as sanctions them through promulgation, and on the other hand, that of the National Council which deliberates and votes on projects they receive (article 66). The National Council can formulate legal proposals subordinated with the Princes agreement before they are adopted by the Assembly which receives these legal propositions in the form of government proposals (article 67).

In the course of the two annual ordinary sessions (article 58), or if necessary in the event of an extraordinary session (article 59), the National Council exerts its competence in matters to which it has been assigned by the Constitution, or that are considered of legislative nature within Constitutional tradition. Included in the first category are : the requirements related to the acquiring or relinquishing of Monegasque nationality (article 18); the definitions of incarceration and penalties (article 20); the laws related to domiciled residents (article 21); the rules guiding expropriation for reasons deemed in the public interest (article 24); the norms pertaining to the right to work (article 25), or the right to strike (article 28); laws prescribed in the event of destitution, unemployment, sickness, handicap, old age and maternity privileging the Monegasques (article 26); the clauses regarding the closing down or changing purpose of public property (article 33), or transferal of rights of a private State held property (article 35), dispositions taken related to the organization, competence and functioning of the tribunals as well as the status of the judges (article 88). The second category depicts the rules related to the carrying on of business or a profession, and those pertaining to the judicial regime for moral persons.

In virtue of the article 68, the Prince issues when necessary sovereign ordinance to ensure the enforcement of laws, whiles in the application of article 47, the State Minister signs ministerial decrees which also constitute the authority of enforcement, opposed only by the Prince's veto.

The National Council has the authority concerning national income with regard to direct or indirect institutional contributions (article 70).

The Executive Powers

The executive power is retained by the highest authority the Prince (article 3) but is enforced by the Minister of State with the assistance of the Government Cabinet (article 43) composed of three Counselors (a counselor of internal affairs, a counselor of finance and economy a counselor of public works and social affairs). The government cabinet collegially deliberate on ; the projects and laws which are presented to the Prince (article 67), on projects of sovereign order with the Prince's signature, or ministerial decrees which are to be enforced (article 45). The Minister of State oversees the executive process in order to assure the enforcement of law, the functioning of the public services, as well as the maintenance of public order through the police forces (article 44).

One of the particularities of the Principality resides in the fact that the same terrain of authority is handled by the two moral persons of public law, who are : on the one hand, the State, and the other hand, the Commune (articles i and 78). The Commune is administrated by a municipality composed of the mayor and deputies designated by the communal council from amongst its members (article 79). These fifteen deputies are elected for four years by direct universal suffrage and open vote (article 80) from a list of citizens of either gender above the age of twenty-one, and of Monegasque nationality since at least five years (article 79). under the State's authority the communal Counsil deliberates the communes affairs.

The Judiciary Powers

The judiciary powers belong to the Prince who has full authority in the courts and tribunals which are composed of judges, whose independence is guaranteed by the Constitution, and render justice in the name of the Prince (article 88). After consultations between the Cabinet and the Crown, the Prince exercises his right of administering grace and amnesty (article i 5).

The administration of justice is assured by the director of the judiciary services responsible for the surveillance over the magistrates, defense lawyers and barristers, police officers and ministerial officials. The jurisdictional administration of the Principality is characterized by the duality of the powers exercised, on the one hand, by the Supreme Court of Justice and on the other hand, by the judicial courts.

The Constitution of December i 7, i 962 is dedicated to the existence of a constitutional jurisdiction through article 90-A which prescribes that the Supreme Court sovereignly rules over appeals which seek validity or indemnity having attacked the rights and liberties prescribed in title III of the Constitution. In this manner, the jurisdiction advocates conformity to the constitutional title Ill, prescription to the promulgated law, and sovereign orders used in the application of treaties or international agreements where guarantee of freedom and rights are concerned.

The Supreme Court also has the authority of attribution in matters of administration, in the application of constitutional article 90-B. It's rule is sovereign: - in appeals where abuse of power have been enacted against decisions taken by various administrative authorities, against Sovereign Order of laws to be enforced, or of concessions resulting in indemnities - in the Supreme Court of Appeals against last recourse rulings of the administrative jurisdiction - on cases in trial, and those in judgment by the various administrative authorities and sovereign orders of laws to be enforced.

Finally the Supreme Court is judge of conflicts of authority between the judiciary and administrative jurisprudence (article 90-C).

The judiciaries jurisprudence constitutes ; the justice of the peace, a trial court, a court of appeal, a criminal court and a court of judicial revision.

The justice of the peace, like the civil judge rules in first and last recourse in litigations where penalty is lesser than that which is set by the law, just as the police judge handles constitutionally penalized infractions.

The trial court's handle first recourse civil and commercial lawsuits, which, by reason of their nature or value are not within the competence of the judge of the peace. In court appeals, the judge of the peace renders first recourse sentences and settlements by arbitration in civil and commercial matters. In correctional court, infractions punishable by correctional penalty and crimes committed by i 8 year old minors, are stipulated in the penal code ; in court appeals, sentences are delivered by the court of the police. Trial court handles common rights issues in first recourse in administrative matters, all litigations other than those which competence falls within the framework of the Constitution, Supreme Court or other jurisdictions (article i 8).

The court of appeals handles sentences given by the trial court in civil, commercial, administrative, or penal cases. However infractions qualified as crimes by law are addressed by the criminal court.

The court of revision rules over the same matters handled by the court or appeals court, for violations of the law for appeals against last recourse sentences having been determined as final judgments. In civil matters, the court rules, but in penal matters, the court sends the case to the appropriate competent jurisdiction.

Trial court rules over administrative concerns, the appeals court and revision court handle matters in dispute. The jurisdictions respectively handle administrative contract lawsuits for which these define the criteria. They rule over matters of which the public forces hold responsibility with regard to legislative clauses, and in the application of the principles of jurisprudence.