GRECO • Developments in the fight against corruption in Monaco (2024-2025)

Presentation

On 24 July 2024, the Group of States against Corruption (GRECO), which is responsible for monitoring the compliance of acceding States with the Council of Europe's anti-corruption instruments, published the 5th Round Evaluation Report on "Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies" (Monaco), adopted on 21 June 2024 (GrecoEval5Rep(2023)8).[1]

The 5th evaluation cycle was launched on 20 March 2017. The Report assesses the effectiveness of the existing framework in the Principality of Monaco on the basis of the evaluation team's on-site visit[2] from 20 to 24 November 2023, responses to the Evaluation Questionnaire and other information from civil society and the media.

It should be noted that, in 2023, Monaco strengthened its anti-corruption measures applicable to the Government (Sovereign Order no. 9.931 of 15 June 2023 setting out the principles and rules of ethics, professional conduct and compliance for members of the Government and establishing an Ethics Committee and a Compliance Officer) and the police (Code de déontologie de la Direction de la Sûreté publique, Version du 24 juillet 2023).

Les autorités monégasques disposent à présent d’un délai de 18 mois pour soumettre leur rapport sur les mesures adoptées pour mettre en œuvre les recommandations du GRECO, soit jusqu’au 31 décembre 2025.

On 12 September 2024, the Government announced that it had met "to work on all the issues in order to identify concrete actions to best meet GRECO's recommendations" (News flash of 12 September 2024).

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Summary of the 24 GRECO Recommendations to Monaco (5th evaluation round)

17 Recommendations regarding central governments (top executive functions):

• Supervision of the appointment of persons occupying top executive positions: detection and management of conflicts of interest with eligibility rules including integrity checks prior to their appointment (paragraph 55).
• Establishment of a comprehensive anti-corruption strategy and a publicly disclosed operational risk mitigation action plan: targeting all persons holding senior executive positions, on the basis of a risk map extended to the Secretary of State for Justice and the Prince's staff (paragraph 63).
• Contacts of the Prince with interest representatives and gifts received: within the framework of the Monegasque constitutional system, make public the measures taken in this area (paragraph 65).
• Adoption of rules of conduct and practical guidelines for all persons exercising top executive functions: covering conflicts of interest, relations with lobbyists and third parties, secondary activities, gifts and invitations, confidential information, restrictions applicable after leaving office, etc. (paragraph 71).
• Establishment of an institutional implementation framework with practical guidelines for all persons exercising top executive functions: ensuring the application of ethics and integrity rules and the sanctioning of breaches, access to confidential ethics and integrity advice (paragraph 74).
• Systematic and regular training in ethics and integrity for all persons exercising top executive functions: with the provision of guidelines and guides to good practice (paragraph 77).
  Greater public access to information on the activities of the executive: regulatory or individual acts, government activity (paragraph 87).
  Use of the public budget allocated by the State for the operation of the Sovereign House: financial measures and procedures to strengthen transparency and control (paragraph 92).
• Strengthening of the rules on public procurement: information for candidates for public procurement contracts on the executive's decisions in this process, clear definition of the rules on public procurement applicable to companies in which the State has a majority stake, with specific provisions to prevent conflicts of interest concerning senior members of the executive acting on behalf of the State as shareholder (paragraph 95).
• Supervision of contacts by top members of the executive with lobbyists and other third parties seeking to influence the legislative work and other activities of the executive, supplemented by guidelines: entry into contact, information on the purpose of these contacts, the identity of the persons with whom (or on whose behalf) the meeting(s) took place and the subject(s) specifically addressed during these exchanges (paragraph 97).
• Prevention of conflicts of interest in situations directly or indirectly concerning the Prince: measures and publicity (paragraph 102).
• Declarations of interest by Ministers, the Minister of State and other persons exercising top executive functions: public, subject to substantial control, and accompanied by appropriate sanctions (paragraph 115).
• Reinforcement of the rules on incompatibilities and parallel activities applicable to members of the Government and the Secretary of State for Justice (paragraph 117).
• Reinforcement of the rules on the acceptance of gifts and other benefits applicable to members of the Government and their collaborators, to the relevant members of the Sovereign House and to the Secretary of State for Justice: clear declaration procedures and publicity of information, practical guidelines facilitating their implementation (paragraph 120).
• Establishment of binding rules on post-employment restrictions for all persons holding top executive positions: with mechanisms for transparency and control of the rules (paragraph 128).
• Completion of the system of declarations of assets applicable to members of the Government, with extension to other persons holding top executive office: disclosure, long-term monitoring, and appropriate sanctions in the event of non-compliance, with the possible inclusion of information (disclosure not required) on the assets of spouses and dependent family members (paragraph 140).
• Reporting and protection of whistleblowers: establishing an adequate reporting and protection system for persons reporting suspicions of corruption and other misconduct (paragraph 150).

7 Recommendations regarding law enforcement agencies:

• Design a tailor-made strategy for combating corruption and promoting integrity: based on the existing risk map and the data collected, distribute it to all employees of the Public Safety Department and raise their awareness (paragraph 172).
• Supplement the Code of Ethics with concrete guidelines and best practices: accessibility, integration into the initial and ongoing training of officers (paragraph 174).
  Compulsory and regular training in ethics and integrity: for all police personnel (paragraph 179).
• Supervision of appointments to the posts of Directeur de la Sûreté Publique (Director of Public Security), Directeur Adjoint (Deputy Director) et Commissaires de police (Police Commissioners): transparency of the procedure, objectivity of decisions based on merit, integrity checks prior to appointment in order to detect and manage any risks of conflicts of interest (paragraph 184).
• Strengthen the system of declarations of assets applicable to senior police officers: long-term monitoring, sanctions in the event of non-compliance (paragraph 223).
• Introduction of a public awareness and information programme on the rules of integrity applicable to the police (paragraph 239).
• Reporting and protection of whistleblowers: obligation for officers of the Direction de la Sûreté Publique to report incidents of corruption while on duty, whistleblower protection measures, training and awareness-raising activities dedicated to whistleblower protection measures for police personnel at all levels (paragraph 241).

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Sources:

GRECO, Monaco Evaluation Report, 5th Evaluation Round: Preventing Corruption and Promoting Integrity in Central Government (Senior Executive Functions) and Law Enforcement Agencies, adopted on 21 June 2024 at its 97th Plenary Meeting (Strasbourg, 17-21 June 2024), published on 24 July 2024, GrecoEval5Rep(2023)8 (evaluation date: 20-24 November 2023).

Government Press Release of 24 July 2024, "GRECO: Fifth evaluation round -The report welcomes Monaco's ongoing measures to combat corruption and calls upon the country to continue its efforts"

Government News flash of 12 September 2024, "Fight against corruption: the Government of Monaco at work"

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NOTES :

[1] The Principality of Monaco joined GREC0 in 2007 and was previously evaluated in:

• October 2008 as part of the First and Second Joint Evaluation Rounds (national bodies involved in preventing and combating corruption and the means at their disposal, extent and scope of immunities; identification, seizure and confiscation of the proceeds of corruption; public administration and corruption; use of legal persons to conceal acts of corruption; tax and financial legislation aimed at combating corruption; links between corruption, organised crime and money laundering),
• March 2012 as part of the Third Evaluation Round (incriminations provided for in particular by the Criminal Law Convention on Corruption and its Additional Protocol, transparency of political party financing), and
• June 2017 as part of the Fourth Evaluation Round (prevention of corruption by members of parliament, judges and prosecutors).

[2] Composition of the Monaco 5th Round Evaluation Team: Mr Michel CLAISE, Financial Investigating Judge, Brussels Court of First Instance (Belgium); Ms Cristina LESNIĆ, former Deputy Prime Minister, UNEP Project Coordinator (Republic of Moldova); Ms Silvia THALLER, Prosecutor, Central Prosecutor's Office against Economic Crime and Corruption (Austria); with the assistance of Mr Stéphane LEYENBERGER, from the GRECO Secretariat.

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