Supreme Court of Monaco
From Wikipedia, the free encyclopedia
The Monegasque Supreme Court (French: Tribunal suprême) is the highest court of law in the city-state of Monaco for judicial appeals, administrative matters as well as ensuring the constitution of Monaco is upheld. It consists of three full judges and two assistant judges, appointed by the Prince of Monaco at the recommendation of the National Council of Monaco, the Crown Council, the Council of State, the Court of First Instance and the Court of Appeal. This is done in the ratio of one judge per institution. The Supreme Court was established in 1962 following the new constitution to guarantee fundamental liberties.[1]
The members of the Supreme Court must be at least forty years old. In practice, they are French jurists, either professors of public law or members of the French Court of Cassation or Council of State.
Recommendations of the Council of Europe
Monaco's Supreme Court was established by the constitution of January 5, 1911, granted by Prince Albert I following the Monegasque Revolution and prepared by internationally renowned French jurists and internationalists (including Louis Renault, André Weiss, Jules Roche). It is considered to be the oldest Constitutional Court in the world, thus preceding the Constitutional Court of Austria created by the Constitution of 1920.[2]
Because of the World War I, the Supreme Court was not installed until 1919, after the conclusion of peace agreements with France. The first decision was rendered on April 3, 1925.
Until 1958, the jurisdiction of the Supreme Court was strictly constitutional. The high court could thus only rule on appeals having as their object an infringement of the rights and freedoms enshrined in Title III of the Constitution, under the conditions provided for in Article 14. However, an order of May 7, 1958 introduced an administrative litigation which allows the Court to rule on any “violation of the law or excess of power, by any person showing a direct and personal interest”.[2] Since the ordinance-law of January 4, 1961, the Supreme Court rules sovereignly on appeals without having to refer them to the Prince.
The Constitution of December 17, 1962 establishes the independence of the Monegasque justice system and the jurisdiction of the Supreme Court. The sovereign ordinance of April 16, 1963, modified by the Sovereign Ordinances of April 14, 1980 and June 19, 2015, determine its organization and operation.[2]
Since 1962, the Tribunal has experienced an extension and diversification of its contentious powers.[3] Between 1925 and 1962 there were 28 decisions rendered, between 1962 and 1999 their number grew to 79.
Despite several reforms, the court does not have the power to issue injunctions against the state. It receives about fifteen appeals per year.
In July 2017, during its 4th evaluation cycle, the Council of Europe and the Group of States against Corruption (GRECO) underline “the excellent working conditions of judges and prosecutors in Monaco” and the “development of judicial infrastructures for a country of this size”.[4] However, it made recommendations on the transparency of recruitments which need to be based on objective criteria.
In February 2020, GRECO published its compliance report stating that this recommendation (viii) has been partly followed.[4]
Composition
The Supreme Court is composed of five full members and two substitute members. They are appointed by the Prince for a period of eight years on the proposal of various Monegasque bodies: the National Council, the Council of State, the Crown Council, the Court of Appeal and the Court of First Instance, each proposing a member, the National Council and the Council of State each proposing in addition an alternate member.[5] Article 89 of the Constitution gives the Prince the possibility of not accepting these candidatures and of requesting new ones.[6]
The President and the Vice-President of the Supreme Court are appointed by the Prince. The vice-president is responsible for replacing the President in the event of his absence or incapacity.[5]
The members of the Supreme Court must be at least 40 years old and chosen from among "particularly competent lawyers". In practice, these are French lawyers, who are, for example, professors of public law, members of the Council of State or of the Court of Cassation.
Current members
- Didier Linotte, president; associate professor in public law, lawyer at the Grasse and Paris bars
- Didier Ribes, vice-president; associate in public law, master of requests to the Council of State of France
- Philippe Blachèr, full member; associate in public law, Professor at the University of Lyon III (Jean Moulin)
- Stéphane Braconnier, full member; associate in public law, Professor at the University of Paris II - Panthéon-Assas
- Pierre de Montalivet, full member; associate in public law, Professor at the University of Paris-Est (Paris XII-Créteil)
- Magali Ingall-Montagnier, substitute member; referendum adviser at the Court of Auditors, substitute member of the French Conflict Tribunal, adviser to the Cabinet of the President of the Senate
- Guillaume Drago, substitute member; associate professor in public law at the Panthéon Assas University (Paris II), son of Roland Drago
Presidents
- André Auzouy (1924–1932)
- André Lacroix (1932–1946)
- Amédée Roussellier (1946–1960)
- Jean Brouchot (1960-?)
- 1960-1998:?
- Roland Drago (1998–2007)
- Hubert Charles (2007–2012)
- Didier Linotte (since 2012)
