- Law and Legislation
Law and Legislation
Monegasque law was originally a statutory legal system based on the Roman tradition. In its modern history, its development has achieved a balance between the influence of statutory law and the judicial creation of case law.
Monegasque legislation has always been shaped by its Sovereigns, who have continuously demonstrated their commitment to protecting the rights of all, as illustrated by the founding member status of the Principality at the Hague Conference, the first governmental organisation for the protection of human rights, in 1899.
Monegasque legislation is also influenced by the unique historical, cultural and religious features of the country, as well as its strong geographic and demographic constraints.
These specific geographic and institutional aspects of the country have created a model of a state which is unusual with respect to the international standards laid down by nation states.
More recently, the Principality of Monaco has become a member of the main intergovernmental organisations in the areas of human rights (the UN in 1993, the Council Of Europe in 2004), the environment (Kyoto Protocol in 2006) and culture (UNESCO in 1949).
Also keen to comply with international standards in the fight against money laundering, terrorism, corruption and organised crime, the Principality of Monaco joined the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism in 1990, ratified the United Nations Convention against Transnational Organized Crime in 2000, the UN Convention for the Suppression of the Financing of Terrorism in 2002 and Criminal Law Convention on Corruption, Council of Europe in 2007.
Monegasque legislation is the product of a political regime which favours conciliation and dialogue between the Government , which is responsible for implementing the Sovereign’s policy, and the National Council , which represents the Monegasque population and is elected by universal direct suffrage.
It is within this context that the Department of Legal Affairs coordinates the legislative process; the expression of the Sovereign’s guidelines and the Government’s political proposals, in consultation with the National Council.