Legal and judicial information relating to Monaco

Surrounded by three French communes, Cap d’Ail, Beausoleil and Roquebrune Cap Martin, the Principality of Monaco contributes intrinsically, as well as in a more open manner, to the development of the local economic fabric of her close French neighbours.

Yet the image of the Principality of Monaco held by the general public is often based purely on clichés which together form a picture with no link to reality.

Within the current context of globalisation and the advent of new technologies there are without doubt many opportunities to form business links with the Principality, legally framed, be they in the property domain or in another.

Today the Principality is at the forefront of telecommunications, has a sustained financial and economic activity and a legal and judicial organisation, permitting the control and purification of trade.

Thus, the Principality of Monaco, which occupies less than 200 hectares, possesses a commercial, fiscal, social and legal and judicial organisation with its own sense of identity despite the proximity of France, but which protects and favours the activity of economic agents.

Monegasque law exists, sometimes close to French law it evolves, even if there remains a real Monegasque exception. This exception is not only due to the existence of a Sovereign Prince who reigns and governs, but equally to the existence of a law characterised by pragmatism and equity.

Any foreign lawyer who wishes to intervene legally or judicially must be assisted by a lawyer from the Principality.

As a brief example, the courts of law are organised in the following manner:

A°/ COURTS OF FIRST INSTANCE
1) Civil and repressive courts
- TRIBUNAL OF FIRST INSTANCE: CORRECTIONAL TRIBUNAL
As a correctional tribunal, it deals as a first resort with infractions punishable by correctional sentences as well as crimes committed by minors under 18 years of age as set out in the penal code, appealing judgements given by the simple police tribunal.
- TRIBUNAL OF FIRST INSTANCE: COMMERCIAL AND CIVIL TRIBUNAL
The Tribunal of First Instance is concerned with civil and commercial business, as well as bankruptcy.

2) The specialized courts
- ARBITRATIONAL COMMISSION OF RENTS
- TRIBUNAL OF WORK equivalent to the Council of Prud'hommes
- TUTELARY JUDGE equivalent to the Guardianship judge, he also functions as a judge for children regarding penal matters.

3) The Prosecution
The Public Prosecutor is the head of the Prosecution, assisted by various deputies; he researches and prosecutes crimes and criminal offences, surveys maintains and calls for the execution of laws, judgements and arrests in the name of the Prince, as well as assuring the measures to maintain public order.

B°/ COURTS OF APPEAL

- TRIBUNAL OF FIRST INSTANCE
Deals with appeals against judgements passed by the peace judge and the Work Tribunal and arbitrational sentences pronounced on civil and commercial matters.
- THE COURT OF APPEAL AND CHAMBER OF COUNCIL
The Court of Appeal is concerned with appeals against judgements passed by the Tribunal of First Instance on civil, commercial and penal matters. The court is also a Chamber of Council equivalent to the Chamber of Accusation of the courts of appeal of the neighbouring country.

C°/ THE COURT OF REVISION
Except where the law states otherwise, the Court of Revision rules on any matter regarding the violation of the law by appeals formed against any decision passed as a last resort.