Principles and rules governing the ethics, professional conduct and compliance of members of the Government (Sovereign Order No. 11.973 of 18 June 2026)

L'Ordonnance Souveraine n° 11.973 du 18 juin 2026 (JDM n° 8805 du 26 juin 2026) fixe les principes et règles éthiques, déontologiques et de conformité du Secrétaire d'État à la Justice.

Elle s'inscrit dans la Stratégie 2026-2028 de lutte contre la corruption dans les hautes fonctions exécutives de la Principauté de Monaco, mettant en œuvre les recommandations du Groupe d’Etat contre la Corruption (GRECO) du Conseil de l’Europe dans le cadre du Cinquième Cycle d’Evaluation.

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IN DETAIL

Ethical principles and rules of professional conduct

— Upon taking office, the Secretary of State for Justice is informed by the Secretary General of the Directorate of Judicial Services on the ethical, professional conduct and compliance principles and rules applicable to the office, with particular regard to the prevention of conflicts of interest and the promotion of integrity. On that occasion, the Secretary of State shall be provided with a guide to good practice.

— Throughout the term of office, the Secretary of State for Justice shall undertake regular training and awareness activities on ethics and professional conduct, at least once a year.

— In the performance of the duties of office, the Secretary of State may consult the Référent déontologue (Ethics Officer, appointed by the Minister of State from outside the Civil Service), whose role is to provide guidance on the application of the ethical, professional conduct and compliance principles and rules applicable to the office.

— Where there is a substantiated and serious risk of a breach of the ethical, professional conduct or compliance principles and rules, the Secretary of State for Justice shall inform the Sovereign so that any appropriate measures necessary to prevent or bring an end to the risk of a conflict of interest may be taken, where appropriate after obtaining the opinion of the Ethics Committee established under Article 25 of Sovereign Ordinance No. 9,931 of 15 June 2023, as amended.

Conflicts of interest

— The Secretary of State for Justice shall carry out his or her duties with loyalty, dignity, integrity, selflessness, impartiality, objectivity and professional discretion.

— It is his responsibility to:

• prevent any conflict of interest (any situation where a public interest interferes with a private interest, thereby influencing or appearing to influence the independent, impartial and objective performance of his duties), potential or apparent (where the Secretary of State for Justice’s private interest appears likely to influence the independent, impartial and objective performance of his duties) in which he might find himself,
• or to put an end to any actual conflict of interest (the private interest of the Secretary of State for Justice influences the independent, impartial and objective performance of his duties) in which he finds himself.

— Organisation of the discharge procedure in the event of an actual, potential or apparent conflict of interest.

Déclarations de situation patrimoniale et d’intérêts (à caractère confidentiel)

Prior to his appointment, the Secretary of State for Justice must submit a declaration setting out the interests he holds as at the date of the declaration.

Within two months of his appointment, he must submit a comprehensive, accurate and truthful declaration of his financial interests as at the date of appointment.

Whilst in office, the Secretary of State for Justice must personally declare any substantial change in his financial position or interests. He may consult the ethics officer beforehand.

— The declaration of assets includes the following items:

1. built and unbuilt property;
2. securities;
3. life insurance policies;
4. current or savings bank accounts, savings books and other savings products;
5. miscellaneous movable property worth more than €15,000;
6. motorised land vehicles, boats, ships and aircraft;
7. business assets or client bases, and tenancies and offices;
8. liabilities exceeding the threshold of €100,000.

Where applicable, the declaration of assets must specify, for each item listed above, whether it constitutes separate property, community property or jointly owned property.

In addition to the items listed above, declarations of assets must include a summary of any major events that have affected the composition of the assets since the previous declaration.

— The declaration of interests covers the following:

1. any professional activities giving rise to remuneration or benefits carried out at the date of appointment;
2. any professional activities that have given rise to remuneration or benefits carried out during the last five years;
3. any consultancy work carried out at the date of appointment and during the last five years;
4. membership of the governing bodies of a private organisation or company at the date of appointment and during the last five years;
5. direct financial holdings in the share capital of a company at the date of appointment;
6. professional activities carried out on the date of appointment by the spouse, or a partner bound by a civil partnership contract or by another contract relating to the organisation of shared living arrangements or cohabitation, validly concluded abroad in accordance with foreign law;
7. voluntary roles giving rise to, or likely to give rise to, a conflict of interest;
8. voluntary roles held at the time of appointment by the spouse, or a partner bound by a civil solidarity contract or by another contract relating to the organisation of shared living arrangements or cohabitation, validly concluded abroad in accordance with foreign law;
9. elected positions and mandates within private entities held at the time of appointment and during the five years preceding it;
10. liabilities exceeding the threshold of 100,000 euros.

The declaration sets out the amount of remuneration, allowances or gratuities received by the Secretary of State for Justice in respect of the items referred to in points 1 to 5 and 9.

Transparency in the Secretary of State for Justice’s dealings with lobbyists and influential third parties

— A lobbyist or influential third party must disclose their identity, capacity and the purpose of the meeting prior to the meeting taking place. An interest representative or influential third party is a person who meets with the Secretary of State for Justice, during a meeting, to defend the interests of one or more private individuals or their own personal interests, with a view to influencing a public decision concerning the drafting of legislation or regulations.

• The following are not considered to be interest representatives or influential third parties in the exercise of their mandate or duties: 1°) representatives of religious denominations; 2°) members of the National Council and municipal councillors.
• This does not apply to meetings relating to individual administrative decisions.

— Establishment of a general register of interviews conducted by the Secretary of State for Justice, which shall record, for each interview:

1. the date and place of the interview;
2. the surname and first name of the representative(s) of interests and third parties present at the interview;
3. the name, trading name, address of the registered office and registration number in the Trade and Companies Register, the entities and legal persons represented, or, in the case of a natural person, their first name and surname, the town or city of their business address or, failing that, their home address, and, where applicable, their registration number in the Trade and Industry Register;
4. in general terms, the position taken by lobbyists and third parties in relation to legislative or regulatory activities;
5. where applicable, any proposals or draft legislation or regulatory texts, as well as the laws or regulatory texts that were the subject of the discussions.

The register is updated regularly and at least once every six months, and made public.

The Chair of the Ethics Committee is authorised to review the general register of interviews. He or she may, where deemed appropriate, request any further information from the Secretary of State for Justice.

Gifts and benefits (in connection with the performance of duties)

— The Secretary of State for Justice must neither solicit nor accept any gifts, favours, invitations or any other benefit (property of any kind, whether movable, whether tangible or intangible, or immovable, or the provision of services of any kind) intended for him, or for his family, his relatives or organisations with which he has or has had business or political dealings:

• which might influence, or appear to influence, the impartiality, independence or objectivity with which he must carry out his duties,
• or which might constitute, or appear to constitute, a reward in connection with his duties,
• or which might influence, or appear to influence, his judgement in the context of decision-making.

— The following may be accepted, but may not be solicited:

1. Gifts received in accordance with diplomatic custom and customary rules of courtesy, the estimated value of which does not exceed €200;
2. invitations to an event, function or ceremony, in particular sporting or cultural events, which the Secretary of State for Justice attends or in which he participates in his capacity as a representative of the Directorate of Judicial Services.

Gifts which do not meet the conditions for acceptance but which the Secretary of State for Justice is unable to refuse shall be recorded in the inventory register and then, where appropriate, handed over to the Secretary-General of the Directorate of Judicial Services, possibly after consultation with the ethics officer.

— The receipt of any gift or benefit is recorded in an inventory register (livre d'inventaire), which is numbered and kept by the Secretary-General of the Directorate of Judicial Services. The inventory register shall contain the following information:

• the date of receipt;
• the name of the person and, where applicable, their position or the name of the company that offered the gift;
• the name of the Secretary of State for Justice;
• a description of the gift;
• the intended use of the gift;
• the estimated value;
• the recipient’s signature.

The Chair of the Ethics Committee carries out an annual review of the inventory registers. Where deemed necessary, the Chair may request any additional information from the Secretary of State for Justice.

Practical guidance designed to facilitate the Secretary of State for Justice’s implementation of the provisions regarding the acceptance of gifts and other benefits is contained in the good practice guide.

External activities undertaken by the Secretary of State for Justice

— The Secretary of State for Justice may not, whilst in office, hold any other public office or engage in any parallel professional activity giving rise to remuneration, either in Monaco or abroad.

— He may, however, be authorised to carry out: 1°) voluntary work; 2°) teaching, artistic, literary, sporting or cultural activities.

Former Secretaries of State for Justice taking up private employment

— The Ethics Committee is consulted for a (confidential) opinion when the Secretary of State for Justice, upon leaving office and within two years of doing so, intends to take up paid or unpaid employment with a private company or organisation, or to practise a liberal profession:

• Where the Ethics Committee considers that the proposed activity conflicts with the current or former responsibilities of the Secretary of State for Justice, it may issue recommendations governing that activity for a maximum period of two years following the cessation of the duties in question.
• Where the Ethics Committee considers that the proposed activity is manifestly in conflict with the current or former duties of the Secretary of State for Justice and that regulating the activity will not prevent a conflict of interest, it may recommend that the former Secretary of State for Justice refrain from carrying out the proposed activity for a maximum period of two years following the end of the duties in question.

— Should the former Secretary of State for Justice fail to comply with the Ethics Committee’s opinion, this shall be published by way of an insert in the Journal de Monaco.

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