Monaco continues its commitment to the rule of law

Since 2002: Monaco continues its commitment to the rule of law

With a Constitution aligned with the standards of a modern state governed by the rule of law, the Principality demonstrates its commitment through both its organisation and its
active participation in the Committee of Ministers and the Parliamentary Assembly of the Council of Europe.

At the national level, the Constitution guarantees the separation of powers. The Supreme Court is central to the expression of the rule of law, in that it adjudicates on fundamental rights and abuses of power. There is full respect for the hierarchy of norms. As such, the ratification of the European Convention on Human Rights in 2005 means that persons seeking justice have the option of applying to the European Court of Human Rights, offering an additional layer of jurisdiction. Consequently, the Court’s judgments and decisions apply in Monaco. The national courts are responsible for ensuring compliance with the Convention and the ensuing case law.

Monaco has also consolidated the rule of law through an act covering the status of judiciary in 2009, and an act pertaining to judicial organisation and operation, which established the High Council of Judges and Prosecutors in 2013. The Council guarantees the independence of the legal system. Finally, the modernisation of the regulations governing the Supreme Court in 2015 brought the institution in line with European standards. Monaco has also added to its body of legislation on the basis of the recommendations issued by the various committees of the Council of Europe. In 2006, Monaco adopted a law making it mandatory to provide a reason for negative administrative acts, as well as legislation on gender equality.
Since 2006, 16 laws have been passed to strengthen efforts to combat corruption and money laundering, in line with the recommendations emanating from the monitoring mechanisms 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, following its ratification of the Convention on Cybercrime, Monaco incorporated into its legislation a full arsenal of tough measures to tackle this new form of crime. Finally, in line with its commitments, Monaco established a High Commissioner for the Protection of Rights, Liberties and for Mediation in 2013, and a Committee to Promote and Safeguard Women’s Rights in 2018.