Public law

Monegasque public law includes the rules applicable to the administration, public bodies and their relations with private individuals. The branches of domestic public law are administrative law, constitutional law, tax law and public finance.

In addition to these internal branches of public law, there is public international law, which mainly governs relations between states and international organisations. However, public international law also recognises the rights of private individuals, such as the international protection of human rights. International public law issues are dealt with in Monaco, particularly in the context of mutual legal assistance in criminal matters, extradition and international administrative cooperation in tax matters - exchanges of information (reservations and scope of application, direct or indirect effect of treaty provisions on private individuals, compliance with the rules on double criminality, the ne bis in idem principle, compliance with applicable national procedures, etc.).

The Constitution of 17 December 1962 (revised on 6 April 2002) states that the Principality of Monaco is a State governed by the rule of law, committed to the respect of fundamental rights and freedoms. The Principality also recognises the principle of the hierarchy of norms. In this context, a certain number of rules apply to the State itself.

The Supreme Court protects the fundamental rights and freedoms arising out of the Constitution and is deemed to be the oldest constitutional court in the world.

The Supreme Court also controls the administrative acts (validity assessment, annulment on grounds of ultra vires). It also hears appeals on points of law against decisions of administrative courts of final instance.

The Court of First Instance ruling on administrative matters has jurisdiction with respect to contractual and non-contractual liability of the public authority.

Law No. 1.421 of 1 December 2015 on various measures relating to State responsibility and remedies enshrined the public authorities’ liability in case of a dysfunction of the justice system by opening to the litigants a new way of national remedy against the State.

It also introduced a procedure for the reopening of civil proceedings in the event of a decision of the EHCR finding a violation to the European Convention on Human Rights or its additional protocols.

Sovereign Ordinance No. 7.264 of 20 December 2018 modernized the state procurement regulations (public supply, services and works contracts).

Since a law passed on 7 December 2023, the Parliament (Conseil National) must be informed by the Government of any plan to dispose of a property that requires it to be decommissioning from the public domain (town-planning, legal, economic and financial forecasts relating to all non-pecuniary considerations, agreements concluded by the State that must include a profit-sharing clause and clauses determining the consideration).

Lastly, the publication of the regulatory texts for the application of the Environmental Code (air quality, waste management and reduction at source, aid for the production of photovoltaic electricity, etc.) should be noted. This has resulted in new administrative obligations for businesses.