Monaco 1962 Constitution (reviewed 2002)

Chapter X. The Justice

Article 88

Judicial power vests in the Prince, who, by the present Constitution, delegates its full exercise to the courts and tribunals.

Tribunals render justice in the name of the Prince.

The independence of judges is guaranteed.

The organisation, jurisdiction and operations of the tribunals, as well as judges’ status, are laid down by law.

Article 89

Supreme Court is composed of five full members and two substitute members.

The Supreme Courts members are appointed by the Prince, as follows:

• One full member and one substitute member are introduced by the National Council from outside its members
  
  One full member and one substitute member are introduced by the State Council from outside its members

  One full member is introduced by the Crown Council from outside its members

  One full member is introduced by the Court of Appeal from outside its members

  One full member is introduced by the Civil Court of First Instance from outside its members.

These introductions are done by each of the bodies here above mentioned at the rate of two per seat.

If the Prince does not agree with these introductions, He is free to require new ones.

The President of the Supreme Court is appointed by the Prince.

Article 90

1. In constitutional matters, the Supreme Court rules in sovereign fashion over:
   1. Compliance of the National Councils rules of procedure with constitutional and, if need be, legislative provisions under the conditions prescribed by article 61
   2. Appeals on petitions for annulment, petitions to review validity and actions for damages arising from violations of these rights and freedoms prescribed in chapter III of the Constitution, and which are not referred to in subsection B of the present article
2. In administrative matters, the Supreme Court rules in sovereign fashion over:
   1. Proceedings for annulment of ultra vires decisions taken by various administrative authorities or Sovereign Ordinances to enforce laws, and the award of related damages
   2. Appeals by way of quashing decisions of last resort taken by administrative jurisdictions
   3. Appeals for interpretation and petitions to review the validity of decisions of various administrative authorities or Sovereign Ordinances to enforce laws
3. The Supreme Court rules over conflicts of jurisdiction.

Article 91

The Supreme Court deliberates either in plenary session composed of five members or in administrative section composed of three members.

It sits and deliberates in plenary session:

1. In constitutional matters
2. As judge of conflicts of jurisdiction
3. In administrative matters on references ordered by the President of the Supreme Court or decided by the administrative section

It sits and deliberates in administrative section in all other cases.

Article 92

A sovereign order regulates the organisation and operations of the Supreme Court, especially relevant to the required qualifications of its members, incompatibilities regarding them as well as their status, the turnover of the administrative section’s members, the procedure to follow before the Court, effects of petitions and awards, procedure and effects of conflicts of jurisdiction, as well as necessary transitional measures.