The Justice System of the Principality of Monaco

NB: Amendments since 18 February 2022 → Loi no. 1.511 of 2 December 2021 amending civil procedure.

Legend:

◊ Courts ♦

• Competences

__________________________

Courts of first instance:

◊ Justice de paix (Justice of the Peace)

♦ Juge de paix (Judge of the Peace)

• Claims of up to € 10.000 €

• Disputes concerning the election of employee representatives

• Seals procedure

• Payment orders

• Personal and possessory actions

• Attachment of wages, earnings and arrears

♦ Tribunal de simple police (Police Court)

• Criminal offences that constitute infringements and that are punishable by a maximum imprisonment of six days and / or a fine of less than € 600

◊ Tribunal de première instance (Court of First Instance)

♦ Tribunal de première instance (Court of First Instance)

• Civil and commercial cases which, because of their nature or value, fall outside the jurisdiction of the Justice of the Peace

• Lawsuits relating to bankruptcy

• Ordinary Court in administrative matters: cases other than those which are expressly reserved to the Supreme Court or another Court by the Constitution or Law (responsibility of State and public authorities)

• Expropriation procedures for a property that is, according to Law, necessary for performance of a work in the public interest, and other related claims

• Lawsuits relating to the Prince’s domain

• Lawsuits relating to the fees and charges of barristers, lawyers, solicitors, court clerks and bailiffs

♦ Tribunal correctionnel (Criminal Court)

• Minor offences where closely connected with a more serious offence

• Violations of the law categorized as criminal offences and that are punishable by a maximum imprisonment of five years and a maximum fine of € 90 000

• Crimes committed by minors (who are not being prosecuted at the same time as adults)

♦ Juge d’instruction (Investigating Judge)

• Investigation of criminal offences, establishment of the circumstances in which the offence was committed and identification of the alleged perpetrators

• If there is sufficient evidence against the parties concerned, charging them and sending them before the Court which will hear the case

♦ Juge tutélaire (Tutelary Judge)

• Protection of minors and incapacitated adults

• Adoptions

• In case of divorce or separation: exercise of parental authority, visitation rights, residence, contributions to the care and education of the child

♦ Juge chargé des accidents du travail (Judge for the accidents at work)

• Disputes between the victim of an accident at work, that person’s representatives and legal beneficiaries, and the employer’s insurance company or the employer itself

♦ Juge conciliateur en matière de divorce ou de séparation de corps (Conciliation Judge in divorce or separation proceedings)

• Conciliation

• If this approach is unsuccessful, the Judge issues a non-conciliation order and authorizes the plaintiff to file for divorce or separation before the Court of First Instance

♦ Juge des requêtes (Motions Judge)

• Order issued on application, i.e. without the other party having been heard

♦ Juge des référés (Judge for the imposition of interim measures)

• Provisional measures in urgent cases, in all matters

♦ Juge de l’application des peines (Judge for the execution of criminal sentences)

• Follow-up of the execution of criminal sentences

♦ Juge-commissaire en matière de faillite (Bankruptcy Judge)

• Follow-up of the (collective) insolvency proceedings for the wiping up of debts

♦ Juge chargé du contrôle des expertises (Judge responsible for overseeing expert reports)

• Follow-up and control of expert processes decided by the Motions Judge or the Court of First Instance

◊ Tribunal du travail (Labour Court)

♦ Tribunal du travail (Labour Court)

• Disputes concerning the execution or breach of employment contracts

♦ Juge des référés (Judge for the imposition of interim measures)

• Provisional and protective measures in urgent cases in individual labour conflict situations

◊ Cour supérieure d’arbitrage (High Court of Arbitration)

• Collective labour disputes

◊ Commission arbitrale des loyers (Arbitration Commission for rents)

• Disputes between tenants and landlords concerning the amount of rent payable in respect of leases or the renewal of leases for certain premises for residential use built or completed before 1 September 1947

◊ Commission arbitrale des loyers commerciaux (Arbitration Commission on commercial leases)

• Disputes between tenants and landlords concerning the conditions for the renewal and review of commercial leases

◊ Tribunal criminel (Criminal Court)

• Crimes committed by adults

• Crimes committed by minors with the participation of an adult

____________________

Courts of Appeal:

◊ Tribunal de première instance (Court of First Instance)

♦ Tribunal de première instance (Court of First Instance)

• Appeal against arbitration awards in civil and commercial matters, as well as against judgments reserved to it by law

♦ Tribunal correctionnel (Criminal Court)

• Appeal against judgments rendered by the Police Court

◊ Cour d’appel (Court of Appeal)

♦ Cour d’appel (Court of Appeal)

Appeal against judgments rendered at first instance by:

• the Justice of the Peace

• the Court of First Instance (Tribunal de première instance)

• the Labour Court (Tribunal du travail)

• the Arbitration Commission for rents (Commission arbitrale des loyers)

• the Arbitration Commission on commercial leases (Commission arbitrale des loyers commerciaux)

• the Criminal Court (Tribunal correctionnel)

♦ Chambre du conseil de la Cour d’appel (Council Chamber of the Court of Appeal)

• Appeal against orders rendered by the Motions Judge (Juge des requêtes), the Tutelary Judge (Juge tutélaire) and the Investigating Judge (Juge d’instruction)

• Appeal against judgments rendered by the Council Chamber of the Court of First Instance

___________________________________

Court of Cassation and Review:

◊ Cour de révision (Court of Review)

The Court of Revision rules on infringements of the law, on appeals lodged against any decision handed down at last instance and having the force of res judicata.

• Appeal against judgments rendered by the Court of First Instance ruling in appeal

• Appeal against judgments rendered by the Court of Appeal on all matters

• Appeal against judgments rendered by the Judge of the Peace

• Appeal against judgments rendered by the Criminal Court (Tribunal correctionnel) ruling in appeal

_________________________________________________________

Constitutional and Administrative Supreme Court:

◊ Tribunal suprême (Supreme Court)

• Application for annulment, rulings on validity and indemnification of infringements of the rights and freedoms set forth in the Title III of the Constitution

• Application for annulment of ultra vires administrative decision

• Application for interpretation, rulings on validity of decisions of administrative bodies and sovereign orders implementing laws