Judicial Reserve: conditions and procedure for inclusion on the list of reserve magistrates (Sovereign Order No. 11.822 of 12 March 2026)

Sovereign Order No. 11.822 of 12 March 2026 (JDM No. 8791 of 20 March 2026) implements Article 64-5 of Law No. 1.364 of 16 November 2009 on the status of the judiciary, as amended, relating to the judicial reserve established by Law No. 1.581 of 14 November 2025.

It governs applications for registration and applications for renewal of registration on the list of reserve magistrates:

→ The applicants must provide proof of:

• their identity and nationality (submission of a copy of an identity document (identity card or passport) or a certificate of nationality);
• having served for at least ten years as a magistrate (submission of a copy of the appointment documents or payslips covering the said period);
• where applicable, that they have served as a magistrate in Monaco (by providing a copy of the documents formalising their secondment to Monaco or payslips covering the said period);
• their administrative status with regard to their home administration.

→ The applicants must also provide a sworn statement:

• that they have not been convicted in Monaco or abroad of a criminal or misdemeanour offence recorded in the criminal record accessible to administrative authorities,
• and that they have not, in Monaco or abroad, of acts contrary to honour or integrity which have resulted in criminal, civil or commercial convictions, or in administrative or disciplinary sanctions, consisting of the loss of civil rights, a ban on holding office, suspension from office, removal from office or dismissal, even if such sanctions were suspended.

→ Applicants of French nationality:

Applicants of French nationality must also submit a copy of their criminal record (Form No. 3), issued within the last three months.

The Secretary of State for Justice, Director of Judicial Services:

• shall obtain a copy of the applicant’s criminal record (Form No. 2) as provided for in Article 655 of the Code of Criminal Procedure;
• refer the matter to the Government Councillor-Minister for the Interior so that an administrative investigation may be conducted in accordance with the provisions of Article 3 of Law No. 1.430 of 13 July 2016, as amended, and the aforementioned implementing regulations.

→Aoplicants of foreign nationality other than French:

Applicants of a nationality other than French must provide the relevant criminal record extract, which may be supplied to the person concerned by the competent authority.

The Secretary of State for Justice, Director of Judicial Services, may request any information or document from the relevant authority contained in the personal file of a candidate of a nationality other than French who holds a post as a reserve magistrate.

The applicant shall be notified in writing of whether the application is admissible or inadmissible.

If the application is incomplete, the Secretary of State for Justice, Director of Judicial Services, shall send the applicant a request for the submission of additional documents or information within a period of not less than fifteen days. If no response is received within this period, the application shall be deemed inadmissible.

The decision to include a candidate on the reserve list shall be taken by the Secretary of State for Justice, Director of Judicial Services, following examination of the application and taking into account the needs of the courts and the central administration.

Candidates shall be informed of the decision by any means within three months of receipt of their application.