Monaco

Legal tradition

Monaco belongs to the civil law tradition. A French-influenced civil-law microstate where sovereignty rests with the Prince, who delegates judicial power to the courts in his name. Codes closely track the French model, and senior judges are frequently French magistrates, but Monaco is an independent state and not part of France. It uses the euro under a monetary agreement without being an EU member.

How power is divided

A unitary state of about two square kilometres with a single commune. Legislative power is exercised jointly by the Prince and the National Council; executive power belongs to the Prince, exercised through the Minister of State and the Government Council; judicial power is delegated by the Prince to the courts, with the Tribunal Suprême acting as both constitutional and supreme administrative court.

Where law comes from

Constitution

The 1962 text as revised in 2002; the Prince is the source of sovereign power.

Statutes (lois)

Require the joint agreement of the Prince and the National Council.

Sovereign ordinances

Ordonnances souveraines, the principal instrument of the Prince’s executive power.

Codes

Civil, commercial, penal and procedural codes closely modelled on French law.

Treaties

Including the ECHR and the monetary agreement with the EU permitting use of the euro.

Ministerial orders

Arrêtés ministériels issued by the Minister of State.

The legal profession

A small bar of avocats-défenseurs, avocats and avocats stagiaires, organised as the Ordre des Avocats, with admission requiring Monegasque nationality preference, a law degree and a traineeship. French avocats may appear in specified circumstances. Notaries are appointed by sovereign ordinance and are few in number.