Asserting the rule of law

In 1911, the Principality of Monaco adopted a Constitution. This institutional organisation, promoted and desired by Prince Albert I (1848-1922) in response to the aspirations of his people, brought the Principality into its political modern era.

The text of 1911 created and delimited the public domain, organised the government and established a shared legislative power between the Prince and a National Council, whose members were elected among Monegasque citizens. As an essential feature of the rule of law, fundamental freedoms and rights were enshrined in Title II: individual freedom, freedom of religion or right of ownership.

The Constitution of December 17, 1962 marks a significant evolution and, as per the statement delivered by Prince Rainier III on that day, met two needs: "to perfect the institutions" and "to fulfil the legitimate wishes of the population as expressed by the National Council" by introducing a "new spirit into old frameworks".

In fact, the Principality truly became a state governed by the rule of law, in which the Constitution could no longer  be suspended. More liberal than the 1911 Constitution, it protects all fundamental political, economic and social rights and freedoms. Women were granted the right to vote in all elections, and the death penalty was abolished.

In 2002, the prospect of joining the Council of Europe and the constitutional revision wished by Prince Rainier III marked  a decisive turning point. Membership implied harmonising the Principality’s international status and its legislation  with the recommendations of the Council of Europe: strengthening the prerogatives of the National Council, extending civil rights to women and foreigners, and lowering the age of majority to eighteen. Legislative initiative was thus better asserted, and the right to amend government bills was granted (with the exception of the budget bill). Regarding foreign relations,  the Assembly’s jurisdiction was extended to treaties and agreements.

The dimension of the rule of law is affirmed.

Endowed with a Constitution that meets the criteria of a modern state governed by the rule of law,  the Principality is committed, both in its organisation 
and in its active participation in the Committee  of Ministers and the Parliamentary Assembly  of the Council of Europe.

At the national level, the separation of powers  is guaranteed by the Constitution. The Supreme Court is at the center of the concept of the rule of law, in that it arbitrates on fundamental rights and abuse of power. The hierarchy of norms is fully respected.

Thus, the ratification of the European Convention  on Human Rights in 2005 gave litigants the option of taking their case to the European Court of Human Rights, providing an additional level of jurisdiction.  As a result, the Court’s judgments and rulings apply to Monaco, and the national courts are responsible  for monitoring compliance with the Convention  and its case law.

Monaco also consolidated the rule of law through  a law on the status of the judiciary in 2009 and a law  on the organisation and operation of the judicial system, which created the High Council of the Judiciary in 2013. This body guarantees the independence of the judiciary. Finally, the modernisation of the regulations governing the Supreme Court in 2015 made it compliant  with European standards. Monaco also enriched  its legislative corpus in line with the recommendations  of the various Council of Europe committees.

In 2006, Monaco adopted a new legislation making  it compulsory to give reasons for negative administrative acts, and to promote gender equality. Since 2006, 16 laws have been passed to strengthen the fight against corruption and money laundering, in line with the recommendations of the Group of States against Corruption (GRECO) and the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL). In 2017, after ratifying the Convention on Cybercrime, Monaco incorporated into its law a true arsenal of repressive measures in order to fight against this new form  of crime. Finally, in keeping with its commitments, Monaco created a High Commission for the Protection of Rights, Freedoms and Mediation in 2013, and a Committee for the Promotion and Protection of Women’s Rights in 2018.