Gouvernement Princier de Monaco

Justice

In Monaco, justice is independent of executive power. There is no Minister of Justice in the Government - administration of justice is the responsibility of the Department of Justice, which was created in 1918, separately from Governmental authority in order to ensure that it was autonomous and which is governed by Act No. 1.398 of 24 June 2013 pertaining to judicial administration and organisation.

The Constitution establishes the principle of 'delegated justice' - the Prince holds judicial power and He delegates full exercise of these powers to the Courts that dispense justice in His name.

Separating administrative, legislative and judicial functions, this principle is substantially different from that of 'retained justice' by virtue of which, in the past, the sovereign exercised judicial powers himself.

The independence of magistrates, which is an essential precondition for the independence of justice, is guaranteed by the Constitution. The judges are irrevocable - they cannot be removed, suspended or transferred as can civil servants.

The law establishes the status of magistrates, the organisation, jurisdiction and operation of the Courts and lays down principles giving defendants the best guarantees of impartial treatment and expertise: collegiate nature of the Courts, separation of prosecution and investigation in criminal matters, a two-tier Court structure, and avenues of appeal.