The General Court Registry
Greffe GénéralGENERAL COURT REGISTRY
The General Court Registry is a unique body of officers of the court whose mission, before all jurisdictions in the Monegasque judicial system (Judge of the Peace, Court of First Instance, Court of Appeal, Court of Revision) and before the Supreme Court, is to draw up, keep and dispatch the judgments and acts passed by judges and to forward any notifications to the parties concerned.
The registrars attend hearings for which they record minutes of the opening statements and closing arguments. They are also responsible for keeping the court register, documents related to the hearing, lists of acts and judgments and other registers stipulated by law.
As curator of court acts, registers and archives, the Chief Registrar serves as the “memory" of the court.
He coordinates the activities of colleagues who assist him in the two branches of the registry (civil and penal).
He organises assistance for judges during hearings and throughout proceedings, for which the registrar must ensure respect and authenticity.
As such, he must ensure the settlement of legal costs payable to the lawyers of the case for all judgments, rulings and decisions passed. Evidence and exhibits deposed in relation to both civil and penal proceedings are under his full responsibility. Furthermore, Articles 415, 418 and 501 of the Commercial Code explicitly assign to him the responsibility for various judicial formalities. Finally, Article 39 of the Ordinance of 4 March 1886 on the profession of notary stipulates that civil status documents and records of acts passed by notaries must be collated and certified annually by the Chief Registrar and then submitted to the Public Prosecutor.
The Chief Registrar also has specific duties and personally carries out the duties of registrar of the two high courts: the Supreme Court and the Court of Revision
Organisation and Operation
The general registry has 32 officers: 18 registrars in the two branches of the registry (civil and penal), 13 secretaries and one accountant.
The Chief Registrar serves as the head of the general registry. As an administrator and practising lawyer, the Chief Registrar carries out administrative, supervisory, management and training duties as well as assisting the judge in acts of jurisdiction.
The Chief Registrar has two assistants, each in charge of one of the branches of the general registry.
The civil registry
- Register of the Court of First Instance (for all civil litigation)
- Department for expert opinions
- Department for accidents in the workplace
The penal registry
- Criminal registry
- Registry for the Judge of the Peace
- Registry for the Guardianship Judge
- Registry for examinations and investigations (2 departments)
On an administrative level the Chief Registrar and all other registrars are subordinate to the Secretary of Justice who is responsible for the proper administration of justice. Their acts are subject to the scrutiny of the first president of the Court of Appeal.
Registrars are governed by a special status awarded to them by Act no 1.228 of 10th july 2000. This text is based on principles and rules close to those of Act no 975 of 12thJuly 1975 on the status of civil servants for all matters related to general rights and obligations (1), recruitment and tenure, remuneration and social benefits, advancement, positions, transfer and termination of service.
Formalities carried out by the general registry
Registration of wage assignments
Issuing of criminal records and adjudications
The general registry records wage assignments, issues criminal records and adjudications only on production of ID belonging to the person concerned. No documents can be handed over to a third party.
Filing of the statutes and minutes of general meetings of Monegasque joint-stock companies (sociétés anonymes) and partnerships.
The statutes and minutes of general meetings of Monegasque joint-stock companies and partnerships are submitted to the general court registry via the Chief Registrar. In the name of efficiency it is necessary to make an appointment for such procedures in order to ensure that the Chief Registrar or one of his assistants is available to receive and sign the documents.
A written request is required to consult or receive a copy of these statutes.
Waivers of succession pure and simple or acceptance under benefit of inventory
Waivers of succession pure and simple or acts of acceptance under benefit of inventory are drawn up by the Chief Registrar. Persons who wish to be received by the registrar to renounce a succession must produce their ID and the death certificate of the deceased. The wish to renounce a succession should be made before the notary public responsible for succession, who is authorised to execute the waiver of succession at the registry. An appointment is required to carry out this procedure.
The members of the general registry are not authorised to give legal advice or to discuss court decisions. Registrars and secretaries alike must respect the confidentiality of the procedures for which they are responsible.
(1) Prohibition of multiple job holding, confidentiality, professional discretion and secrecy, protection of the state against attacks of any kind, respect for political, philosophical and religious opinions, etc.
- Constitution of the Principality
- Sovereign powers
- Executive powers
- The foundations of Monegasque justice and Monegasque Law
- The Supreme court
- The Department of Justice
- The Remand Prison of Monaco
- The High Council of Judges and Prosecutors
- The Public Prosecution Department
- The Justice of the Peace
- The Court of First Instance
- Specialised Courts and Judges
- The Court of Appeal
- The Court of Revision
- The Criminal Court
- The General Court Registry
- The Officers of the Law
- Legal aid
- Assemblies and constitutional bodies