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Post author By Charlie April 1, 2022
The Government System of Monaco
theweeklyrambler.com/the-government-system-of-monaco/
Monaco, also called the Principality of Monaco, is a city and microstate located in
Western Europe, bordered with the southeast of France on the French Riviera with a
coast on the Mediterranean Sea. Since Monaco is a city-state, the capital is the city itself.
The state is also not far from Italy’s Liguria region.
Ancient European peoples are known to have been in the area of modern-day Monaco at
least as far back as 30,000 years ago. The first permanent settlers are believed to have
been Ligures who dwelled in mountains and who had emigrated from Genoa in what is
today Italy’s Liguria region. The language these peoples spoke are not directly connected
to Italian dialect spoken today by the people of Liguria, nor is it to the language that many
in Monaco speak today – Monegasque.
Some say that later on early Phoenicians were the first commercial navigators to find
refuge at the Port of Monaco and are said to have consecrated the port and the Rock of
Monaco in the name of Melquart, a deity that they worshipped. The Rock of Monaco is an
important and strategic geographical feature within Monaco that has provided refuge to
ancient peoples and also served as a fortification later on. Greeks would later rewrite the
early conquests and progress of the Phoenicians as the journeys and labours of
Hercules, beginning off a legend.
In the 6th Century BC the Phocaeans, ancient Greek peoples, coming from the colony of
Massalia (now Marseille in France), founded the colony of Monoikos, named after
Hercules, at what is today Monaco. The peoples believed that Hercules built the ancient
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path passing through the region from Spain to Italy, as well as the port, with the later
Romans also believing this. Altars to Hercules were a common occurrence on this path. It
is also believed that a temple to Hercules may have been built on the Rock of Monaco.
The Romans obtained the area following the Gallic Wars, with it known as Monoecus,
which had served as a stopping point for Julius Caesar when he was heading to
campaign in Greece. The area remained under the Roman Empire, and then Western
Roman Empire before the area then came under Flavius Odoacer who had become King
of Italy after he deposed the child Emperor Romulus Augustus, regarded as the last
Western Roman Emperor before its collapse.
Odoacer eventually lost it to the Ostrogoths in the late 5th Century, after having killed
Odoacer. Monaco would then be captured by Emperor Justinian I of the Byzantine Empire
in the mid-6th Century, bringing Monaco back under Roman rule for a time. The
Byzantines held it until the 7th Century where it was then captured by the Germanic
Lombards of the Italian peninsula. The area would pass hands between the Lombards
and Franks with raids causing an almost full depopulation of it. Saracens were also
expelled from the area in 975, and the area would become populated by people from
Liguria in the 11th Century.
The area would eventually come under the Holy Roman Empire and Emperor Henry VI
would grant suzerainty of the area to the city of Genoa, and in 1215 the construction of a
fortress would begin being built on the Rock of Monaco by a detachment of Genoese
Ghibellines, a faction who supported the Holy Roman Emperor over the Pope. They also
created a settlement around the rock to support the garrison, and offered land grants and
tax exemptions to attract new settlers. The Ghibellines rivaled with the Ghelphs faction
who supported the Pope over the Holy Roman Emperor.
Today, the House of Grimaldi rules over the Principality of Monaco, they descended from
Otto Canella and took their name from his son Grimaldo. They were an ancient and
prominent Genoese family who sided with the Guelphic faction. Civil strife in Genoa
between the two factions led to the Grimaldi family taking refuge in Monaco, alongside
other Guelphic families such as the Fieschis.
The Rock of Monaco would be seized by Francesco Grimaldi in 1297 marking the
beginning of the Grimaldi dynasty, ruling as the first Lord of Monaco under sovereignty of
the Republic of Genoa. The territory would be expanded with the Grimaldis acquiring
Menton in 1346 and Roquebrune in 1355. 1338 would see ships from Monaco taking part
in raids in the English Channel, alongside French and Genoese ships, against English
towns, shipping, and islands in the Channel. These ships came back with plunder
obtained from the sack of Southampton, which helped grow prosperity in Monaco.
Monaco would eventually become a principality with Honore II becoming the first Prince
of Monaco by securing recognition of his independent sovereignty from Spain in 1633,
and then from Louis XIII of France via the Treaty of Peronne in 1641. Monaco would later
be taken briefly by France in 1793 during the French Revolution and was held by them
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until the defeat of Napoleon after the Napoleonic Wars, where then the Principality of
Monaco was reestablished in 1814, but would be designated as a protectorate of the
Kingdom of Sardinia by the Congress of Vienna in 1815.
This existed until 1860 when the Kingdom of Sardinia ceded the surrounding county of
Nice, and also Savoy, to France. This time also saw unrest in the towns of Menton and
Roquebrune, which led to them to declare independence as they wished to be annexed
by Sardinia and unify with Italy. The continued unrest in these towns led to the Prince of
Monaco to cede them to France in return for four million francs, with a loss of 95% of
territory that had been held by the Grimaldis, the remaining 5% being what is today
Monaco’s modern borders. The Franco-Monegasque Treaty of 1861 confirmed this
secession and also secured the independence of the Principality of Monaco.
The Prince of Monaco remained an absolute monarch until the 1910 Monegasque
Revolution, a peaceful confrontation that led to the proclamation of a constitution in 1911.
Following World War I, limited French protection of Monaco was written into the Treaty of
Versailles, which also established that policy in Monaco would be aligned with French
political, military, and economic interests. One of the motivations for this was the eventual
Monaco Succession Crisis of 1918, as France objected to the possibility of a German
national inheriting the principality.
Prince Louis II of Monaco kept himself strongly pro-French, but he also tried to keep
Monaco neutral during World War II, and even despite all this he supported the Vichy
French regime due to having friendly relations with Marshal Philippe Petain, who he knew
as an old army colleague. His indecisiveness was partly the reason for domestic conflict
within his principality during this time, as well as a majority of the population being
supportive of the Italian Fascist regime of Benito Mussolini, as a majority of the population
was of Italian descent.
Fascist Italy would invade and occupy Monaco in 1942, and then after the fall of Fascist
Italy the Nazis swept in and occupied it in 1943, they begun deportations of Jewish
people living there, many of whom would later be murdered at Nazi concentration camps.
Monaco was liberated by the Allies in 1944 as the Nazis went on the retreat.
Today the Principality of Monaco is ruled by Prince Albert II, who succeeded Prince
Rainier III in 2005, who himself had succeeded Prince Louis II in 1949. Much of Monaco’s
economy is boosted by tourism and recreation. Monaco became a UN member in 1993
and joined the Council of Europe in 2004. It is not formally a part of the European Union,
but participates in some of its policies, including EU customs and border controls.
Ethnic groups of Monaco include Monegasques, French, Italians, and Occitans. The
official language is French, but other common languages include Italian and
Monegasque. The largest religion is Roman Catholic Christianity which is also the official
state religion according to the Constitution. The country’s currency is the Euro, used
alongside other European states a part of the Eurozone, its close ties with France is the
main reason it adopted the currency. Its population is over 39,700.
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Government Type
Monaco Coat of Arms. Image by Denelson83 and Echando una mano from Wikimedia
Commons. CC BY-SA 3.0. Source.
Monaco is a constitutional monarchy; the type of monarchy is a principality with a Prince
who is Monarch and as such Head of State and a Head of Government who is the Prime
Minister but also called the Minister of State. The legislative government is made up of
the unicameral National Council made up of 24-members.
Although Monaco is a democratic state in regards to the National Council and how it can
legislatively influence the Minister of State and their governmental administration, the
Prince of Monaco still has significant governmental and executive power including the
ability to dissolve the National Council at any time for fresh elections. The Minister of
State and Government Councillors (Ministers) are also not determined by the outcome of
legislative elections, which is quite unique.
Multiple parties are allowed and it seems power can swing from one party to another. As
it stands the Primo! Party (centre-right, liberal, populist, and eurosceptic) holds the vast
majority of seats since the 2018 election, before that there was a ruling coalition
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dominated by the Horizon Monaco party (right-wing, socially and fiscally conservative,
pro-monarchist, nationalist, economically liberal and eurosceptic party).
So, it appears Monaco is dominated by centrist and right-wing parties. The
Euroscepticism that persists in the parties that gain power is perhaps one of the reasons
it has not fully joined the European Union yet. Monaco also seems to have a healthy
support for the continuance of the monarchy.
Monaco itself also forms a single commune which is administered by a municipality
composed of a Mayor and deputies designated by the Communal Council from amongst
its own members. The 15 members of the Communal Council are elected every 4-years
by the public. Those elected must have nationality for at least 5-years prior to election
and be at least 21-years-old.
Members of the Communal Council may also be members of the National Council at the
same time and vice-versa.
You will also notice that French nationals have a rather prominent role within Monaco’s
political system amongst Monegasque politicians. This is due to a series of cooperative
treaties between Monaco and France.
The Monarchy and Executive Government
Prince’s Palace of Monarchy, residence of the Prince of Monaco. Photo by Nikolai
Karaneschev on Panoramio. CC BY 3.0. Source.
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Monaco’s monarchy is a principality meaning the ruling monarch and Head of State is a
Prince rather than a King. The monarchy is constitutional and hereditary. The constitution
says that executive power is exercised by the highest authority of the Prince, which I
assume references the Minister of State who is appointed by the Prince.
The constitution also says that legislative power is jointly exercised by the Prince and
National Council.
The crown will succeed to the next heir in line either due to death of the reigning Prince or
due to their abdication. The next in line is the direct and legitimate issue of the reigning
Prince, from the order of their first-born child with priority given to males within the same
degree of kinship.
If there is no direct heir, then the succession passes on to brothers and sisters of the
Prince and their direct legitimate descendants, starting with the first-born with priority
given to males in the same degree of kinship.
If the heir has either died or renounced the throne before succession, then the succession
passes on to their own direct legitimate descendants, starting with the first-born with
priority given to males in the same degree of kinship.
If there are no persons who meet any of the above criteria, then an heir is appointed by a
Crown Council on advice of the Regency Council. During this time the powers of the
Prince are temporarily held by the Regency Council. The throne can only be passed to a
person who holds Monegasque citizenship.
Procedure of application is set when needed by the House Laws of the Sovereign Family
promulgated by Sovereign ordinance.
The Prince can exercise their powers from the age of 18. If the Prince has not reached
this age when they succeed to the throne or if they temporarily cannot exercise powers
(while over 18) such as due to illness, then organisation and conditions of exercise of the
Regency are provided for by the House Laws of the Sovereign Family. Usually, a Regent
will rule temporarily or until the Prince is of age.
The Prince take advice on usage of powers and other actions from the Crown Council.
The council consists of seven members who are of Monegasque nationality who are
appointed by the Prince for a three-year term. Four of the members including the
President of the Crown Council are directly appointed by the Prince, and another three
are appointed on the suggestion of the National Council (parliament).
The Minister of State, members of the National Council, and Government Councillors
cannot be appointed to the Crown Council.
The Crown Council meets at least twice a year. The Prince may also call a meeting of the
Crown Council at any time, either on his own initiative or at the request of the President of
the Crown Council.
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The Prince may choose to consult with the Crown Council on issues regarding Monaco’s
higher interests, the Council may offer suggestions to the Prince. The Crown Council
must always be consulted by the Prince on international treaties, requests to dissolve the
National Council, on naturalization or restoration of nationality, and on pardons and
amnesties.
Although the Constitution states that Judicial power is vested in the Prince, it also makes
sure to state that the Prince delegates its full exercise to the courts and tribunals, keeping
them separate and independent.
There are though concerns over its true independence due to lack of transparency on
judge recruitment and the fact that in practice the Judicial Service Commission does not
have enforcement power. Half of the judges in Monaco are French nationals while the
other half are Monegasque.
Powers and Duties of the Prince
The Prince represents Monaco in its relations with foreign powers, which includes
signing and ratifying treaties and international agreements.
The Prince signs and ratifies treaties after consulting with the Crown Council (the
Crown Council is the Prince’s council for advice and guidance, similar to the Privy
Council for the British Monarch). The National Council (parliament) is also
acquainted with these treaties by the Minister of State before they are ratified.
Certain treaties must be consented to by the National Council before they can be
ratified. These include those affecting organisation of the Constitution; those that
modify existing legal provisions; those that adhere the State to an international
organisation which implies the participation of National Council members; and those
that result in a budget expenditure pertinent to expenditure type or use not provided
for by the Budget Act (State Budget).
After having consulted with the Crown Council, the Prince exercises their right of
pardon and amnesty and also the right of naturalization and restoration of
nationality.
When necessary, the Prince issues ordinances to ensure the enforcement of laws
and the implementation of international treaties and conventions.
The Government and Minister of State
The Government is exercised by the Minister of State as Head of Government who is
appointed by authority of the Prince to represent him in the executive Government. The
Minister of State’s appointment is not determined by the make-up of the National Council
but instead is appointed following the Prince’s consultation with the French government,
this means a lot of the time they are a French civil servant.
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Usually, the Prince appoints the Minister of State from a list of three submitted by the
French Government according to the Freedom House 2021 report on Monaco.
The Minister of State is assisted by a Government Council which is the highest executive
decision-making body of Government.
The Minister of State oversees executive services, commands the police force, and chairs
the Government Council and has a casting vote within that body. The Government
Councils other members are called Government Councillors (they are the same as
Ministers). Government Councillors are appointed by the Prince, it is likely the Minister of
State has some influence in this, those appointed do not have to be members of the
National Council, and may include French nationals.
The 2011 make-up of the Government Council included one French civil servant while the
others were Monegasque politicians.
Sovereign ordinances (decrees of the Prince) are debated by the Government Council.
They are then presented to the Prince with the signature of the Minister of State which
also mention the relevant proceedings. They are then signed into law by the Prince.
Certain Sovereign ordinances are excluded from debate and presentation to the
Government Council and Minister of State. Those that are excluded are the:
House Laws of the Sovereign Family and these of its members; those that pertain to
affairs of the Direction of the Judicial Department; those that pertain to appointment of
members of the sovereign household, diplomatic and consular corps, the Minister of
State, Government Councillors and assimilated civil servants, and the magistrates in the
judiciary; those that pertain to issue of exequatur of consuls; those that dissolve the
National Council; and those granting honour titles.
Ministerial decrees are debated by the Government Council and signed by the Minister of
State, they also mention the relevant proceedings. These decrees are notified to the
Prince within 24-hours of being signed by the Minister of State, they shall become law if
the Prince has not voiced opposition towards the decree within 10-days (unless the
Prince has already informed the Minister of State he does not intend to oppose, in this
case it becomes law as soon as signed by the Minister of State).
A State Council exists which is an advisory council which advises on draft legislation and
ordinances submitted by the Prince. It can be consulted on any other draft instrument.
Sovereign ordinance determines the organisation and functioning of the State Council.
The State Council has 12 members appointed by the Prince after consultation with the
Minister of State and Secretary of Justice.
After taking advice of the Crown Council, the Prince may dissolve the National Council for
fresh elections. Fresh elections are held within three months after dissolution.
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The Minister of State can request or authorize the Communal Council to hold an
extraordinary session. The Communal Council may be dissolved for fresh elections via a
well-founded Ministerial decree after seeking the opinion of the State Council.
Another of the interesting things about Monaco’s Government is that it is not responsible
to the parliament like in almost every other liberal democracy. This means that there is no
mechanism for a vote of confidence to remove the Government from power, which only
the Prince can do himself.
Other Bodies and Offices
There is a Supreme Court. It is made up of five full members and two substitute
members.
One full member and one substitute member are chosen by the National Council and
then appointed by the Prince; one full member and one substitute member are chosen by
the State Council and then appointed by the Prince; one full member is chosen by the
Crown Council and appointed by the Prince; one full member is chosen by the Court of
Appeal and is appointed by the Prince; and one member is chosen by the Civil Court of
First Instance and appointed by the Prince.
The Prince appoints the President of the Supreme Court from among the five full
members.
The Constitution states that if the Prince does not agree with a choice he may require a
different choice. No limitations on this are stated, but it could be possible legislation may
put certain limits on this power.
The Supreme Court…
Rules on constitutional and administrative matters as well as on conflicts of
interest.
Rules on compliance of the National Councils rules of procedure with constitutional,
and if needed, legislative provisions.
Rules on 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.
Rules on proceedings for annulment of ultra vires decisions taken by various
administrative authorities or Sovereign Ordinances to enforce laws, and the award
of related damages.
Rules on appeals by way of quashing decisions of last resort taken by
administrative jurisdictions.
Rules on appeals for interpretation and petitions to review the validity of decisions of
various administrative authorities or Sovereign Ordinances to enforce laws.
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The Legislative Government
Meeting place of the National Council. Photo by Grayswoodsurray from Wikimedia
Commons. CC BY-SA 4.0. Source.
The National Council is the unicameral parliament of Monaco. It has 24 members that are
elected to it by the people. The Parliament meets on the 11 day following elections and
will elect its board, the oldest member chairs this specific meeting. There are two annual
ordinary sessions of Parliament, neither can go over three months and are declared
closed by the President of the National Council.
The National Council may meet in an extraordinary session that can be called by the
Prince or by the demand of at least two-thirds of the members who compel the President
of the National Council to call an extraordinary session.
The National Council issues its own rules of procedure that determines its organisation
and operation, before they can be enforced these rules must be submitted to the
Supreme Court to ensure they abide by the Constitution and if need be, the law.
The National Council sets its own agenda. Its agenda is notified to the Minister of State at
least three days beforehand. At the request of the Government, at least one of the two
sessions must be devoted to debating bills introduced by the Prince. Agenda of
extraordinary sessions convened by the Prince is set out in the convocation.
There is a President and Vice-President of the National Council who are elected by the
members of the National Council following legislative elections. The President of the
National Council enforces rules and procedures, conducts agenda of the National
Council, and represents the National Council in an impartial manner.
th
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The meetings of the National Council are usually public unless a majority of two-thirds of
attending members call for a private session.
The Prince communicates with the National Council through messages that are read by
the Minister of State. The Minister of State and Government Councillors have reserved
seats in the National Council, they must have the floor when they request so.
For laws to be enacted they must have the agreement of both the National Council and
the Prince. The Prince, Government, and the National Council itself can introduce law
bills. When a law is passed by the National Council it then must be promulgated by the
Prince to enter law, the Prince can veto a bill he does not agree with.
Although the Prince has ultimate power to veto or delay assent of a bill (without the
possibility of being overridden) this has never so far happened and the Prince has given
timely assent to bills passed by the National Council.
Bills introduced by the Government Council must be signed by the Minister of State and
then by the Prince. If the Prince endorses the bill then it is introduced to the National
Council to be debated, possibly amended, and voted on.
Bills formulated by the National Council are received as draft legislation by the Minister of
State, within six months the Minister of State will notify to the National Assembly his/her
decision. If the Minister of State decides to turn the proposal into a bill, he/she may
possibly amend it, then sign it and then receive endorsement of the bill by the Prince
signing it, and it is then introduced to the National Council within a year.
Rather than accept the proposed legislation the Minister of State can instead interrupt the
legislative procedure, this is then explained via a declaration on the agenda of one of the
ordinary sessions, and that declaration may be followed by a debate.
If the Government fails to notify its decision on draft legislation within 6-months or if it fails
to introduce the bill within a year then it automatically becomes a legislative bill.
The National Council has the right to amend legislative bills, although they cannot amend
ratification bills or Budget bills. Although the National Council has the right to amend
legislative bills, if that bill is a government bill, then the Minister of State has the power to
withdraw the particular bill that has been amended before it reaches a final vote.
The National Council passes the Budget Bill for the State after it is introduced by the
Government. The national budget comprises all public revenue and public expenditure of
the Principality, it expresses the economic and financial policy.
Direct and indirect taxation can only be introduced via a law. Any treaties or international
agreements that entail such taxation may only be ratified through the National Council.
If the Budget Bill is not passed before 31 December, funds that are relevant to services
voted upon may be opened by sovereign ordinance with the agreement of the National
Council. The same can be done for income and expenses resulting from international
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treaties.
External policy conducted by the Principality is accounted for in an annual report
prepared by the Government and notified to the National Council.
The Electoral System
Photo by Superbenjamin from Wikimedia Commons. CC B-SA 4.0. Source.
Elections for the National Council take place every 5-years. 16 of the members are
elected from multiseat constituencies via simple majority votes, while the other 8 are
elected via proportional representation which guarantees seats to parties that reach a
certain quota of the vote.
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To run for election to the National Council one must meet the conditions to be able to vote
in Monaco, be at least 25-years-old, have held Monegasque nationality for at least 5-
years prior to the election, and has not been deprived of the right to stand for election for
any causes set forth by law.
To vote in elections one must be a Monegasque citizen who is at least 18-years-old and
has not been deprived of the right to vote due to any causes set forth by law. Voting is not
mandatory.
Sources
My main source for this comes from Monaco’s Constitution of 1962 with amendments
through to 2002 (constituteproject.org) and so should be as accurate as possible. Despite
this the Constitution seems rather threadbare and it is likely many other things not
included are conducted and regulated through legislation.
Remember that I do this as a hobby and I am not an expert. There may be inaccuracies,
things I missed, and the Constitution can always be amended again in the future that may
eventually make this post outdated.
Further cross-research is recommended from actual academic sources. This post is
intended more for those who are curious or have a general interest, but not for those
conducting serious research on the subject.
Amendments are proposed by joint-agreement of the Prince and National Council.
Adoption requires two-thirds of the members of the National Council.
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Next up will be the government system of Mongolia.