Monaco maintains its commitment to the rule of law

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

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.