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 ("Tribunal Suprême) 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 ("Tribunal de première instance") ruling on administrative matters has jurisdiction with respect to contractual and non-contractual liability of the public authority.

Since 2026, the Supreme Court has been able to request advisory opinions from the European Court of Human Rights (ECHR) on questions of principle regarding the interpretation or application of the rights and freedoms defined in the Convention or its protocols in the context of a case pending before it, prior to issuing a ruling (Sovereign Order No. 11.840 of April 2, 2026, giving effect to Protocol No. 16 (CETS No. 214) to the European Convention for the Protection of Human Rights and Fundamental Freedoms).

Recent Supreme Court case law:

• Case law • Supreme Court (December 2025)
  
• Case law • Supreme Court (February 2025)
  
• The principle of presumption of innocence does not apply to administrative police measures without punitive character
  
• Supreme Court • The system for authorising the exercise of an economic activity in the absence of specific regulations (property loan brokerage)

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 Order No. 7,264 of 20 December 2018 regulates State public procurement (public supply, services and works contracts). Ministerial Order No. 2022–708 of 12 December 2022 establishes the procedures for the State to award contracts for building and public works. This regulation was updated by Sovereign Order No. 11,976 of 18 June 2026, and Ministerial Order No. 2026–335 of 18 June 2026, drawing on the key principles of public procurement enshrined in the United Nations Convention against Corruption of 31 October 2003.

Concurrently in 2026, ethical, professional conduct, and compliance principles and rules for high-level executive positions were adopted or updated in accordance with the recommendations of the Council of Europe’s Group of States against Corruption (GRECO). These apply to: members of the Government (Sovereign Order No. 9.931 of 15 June 2023, as amended by Sovereign Order No. 11.971 of 18 June 2026); members of the Sovereign House (Sovereign Decision dated 18 June 2026); senior civil servants and State contractual employees (Sovereign Order No. 11.972 of 18 June 2026 and Ministerial Order No. 2026-333 of 18 June 2026); and the Secretary of State for Justice (Sovereign Order No. 11.973 of 18 June 2026).

The aforementioned texts form part of the 2026–2028 Monaco Anti-Corruption Strategy for senior executive positions (GRECO 5th evaluation round).

This Strategy also provides for enhanced transparency regarding executive activities, including the Public notice of personnel movements within the State civil service (Sovereign Order No. 11,975 and Ministerial Order No. 2026-334 of 18 June 2026).

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).

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.

With regard to the staff of the judiciary, Law No. 1.581 of 14 November 2025 created a judicial reserve composed of former magistrates to supplement the courts and provide exceptional support (in cases of overload or emergency) to career magistrates in active service.

IN PROGRESS:

Parliamentary Draft Law No. 281, adopted on 29 June 2026, aims to strengthen measures to combat and prevent online hate speech, in accordance with the recommendations of the European Commission against Racism and Intolerance (ECRI). Its administrative component provides for a reporting mechanism allowing any person with a legitimate interest to petition the Minister of State to initiate the administrative procedure for the removal of unlawful content. Its preventive component includes provisions for prevention initiatives, public awareness programs, and training for relevant professionals. The Government's decision on whether to proceed with or halt the legislative process is expected by December 20, 2026.