Public law

The law firm GIACCARDI & BREZZO Avocats advises natural and legal persons in the framework of their relationships with the Monegasque administration, and acts in the context of administrative and constitutional remedies:

• Establishment in the Principality

• Administrative authorizations necessary for business activity

• Transactions and litigation related to the occupation of the public domain

• Disputes concerning the public authority liability (award and performance of public contracts, malfunctioning of a public service…)

• Preliminary administrative complaints

• Action for validity assessment and annulment of a harmful administrative act on grounds of ultra vires

• Compensatory remedies

• Action for annulment of a law

 

Monegasque public law

The Constitution of 17 December 1962 states that the Principality of Monaco is subject to the rule of law and is committed to the respect of fundamental rights and freedoms. The Principality also recognizes the principle of the hierarchy of norms. In this framework, some rules apply to the State itself.

The Supreme Court protects the fundamental rights and freedoms arising out of the Constitution and is deemed to be the oldest constitutional court in the world.

The Supreme Court also controls the administrative acts (validity assessment, annulment on grounds of ultra vires).

The Court of First Instance ruling on administrative matters has jurisdiction with respect to contractual and non-contractual liability of the public authority.

Law No. 1.421 of 1 December 2015 on various measures relating to State responsibility and remedies enshrined the public authorities’ liability in case of a dysfunction of the justice system by opening to the litigants a new way of national remedy against the State.

It also introduced a procedure for the reopening of civil proceedings in the event of a decision of the EHCR finding a violation to the European Convention on Human Rights or its additional protocols.

Sovereign Ordinance No. 7.264 of 20 December 2018 modernized the state procurement regulations (public supply, services and works contracts).

 

Thomas
LETAILLEUR

Our related publications

Digital Principality: Reform of Law No. 1.383 of 2 August 2011 on Digital Economy

Draft Law No. 994 amending Act No. 1.383 of 2 August 2011 on Digital Economy was passed in Public Session on 4 December 2019 (awaiting publication in the Journal de Monaco). The expected and far-reaching reform, which will have major challenges fo...

Draft Law No. 995 on blockchain technology

Draft law No. 995 (17 articles), received by the National Council on 4 June 2019, is part of the "process of modernization and digital transition" of the Principality (with: Draft law No. 992 on Digital Identity; Draft law No. 994 amending Law No. 1....

70th anniversary of the Council of Europe: Declaration by the Committee of Ministers

129th Session of the Committee of Ministers (Helsinki, 16-17 May 2019) Meeting for their annual session, over 30 foreign ministers from the 47 member states of the Council of Europe, including Monaco, adopted a Declaration on 17/05/2019, reaffirmi...

Speech by Thomas BREZZO at the Faculty of Law of Nice

09/05/2019 Intervention in the framework of the Second Degree Masters Private Fundamental Law and Criminal Sciences, attached to the research unit C.E.R.D.P. of the Faculty of Law of Nice, on: • International judicial cooperation in civil or ...

Eurojuris International 2019 - IBG Meeting Monaco

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UN HRC: Report on the Third Universal Periodic Review - Monaco

At its 40th Session (25/02-22/03/2019), the Human Rights Council adopted on 14/03/2019 the Universal Periodic Review (UPR) outcomes of Monaco (Report of the Working Group on the Universal Periodic Review (A/HCR/40/13) and additional information trans...

Living in Monaco

General conditions Anyone aged 16 years at least, willing to take up residence in Monaco, must apply for the issue of a "residence permit" from the Monegasque authorities. Anyone interested must first collect an "application" and "list of requi...

Setting up a Business in the Principality of Monaco

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MONACO among the first signatories of the Amending Protocol (CETS No. 223) to "Convention 108"

MONACO signed on 10 October 2018 the Amending Protocol (CETS: 223) - open for signature by the 53 Contracting States[i] to “Convention 108”[ii] - together with 19 other Council of Europe member States (Austria, Belgium, Bulgaria, Estonia, Finland...

ECHR: Extradition to a State where the person concerned incurs a real risk of death penalty

Saidani v. Germany — 17675/18 Decision on inadmissibility (manifestly ill-founded) — 27.09.2018   • Article 2 of the Convention (right to life) and Article 1 of Protocol No. 13 (abolition of the death penalty) There was a real risk t...

The Justice System of the Principality of Monaco

◊ Courts ♦ competences   Courts of first instance   ◊ Justice de paix (Justice of the Peace) ♦ Juge de paix (Judge of the Peace) Claims of up to € 4 600 Disputes concerning the electi...

Meeting TAX DAY 2017 co-organised by KPMG/ItaliaOggi : After the Voluntary Disclosure, between exchange of information and self laundering

12 December 2017 (Milan) Speeches by Thomas GIACCARDI and Sarah BERTOLOTTI about "Agreement Italy-Principality of Monaco in tax matters: exchange of information and group requests". More...

Eurojuris International Congress 2017

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Data Protection Compliance in Monaco

31 March 2017  Project Data Privacy Compliance (DPC)/Cloud Privacy Check (CPC) More Article provided by Thomas GIACCARDI about "The new online preregistration and new modalities for the declaration forms"....

Lexbase Hebdo Edition fiscale (Tax) - Social Contributions on Investment Income under the French-Monegasque Tax Convention of May 18, 1963

October 27, 2016 (n° 674) Interview with Virginie MALNOY. • The French Council of State ruling of September 19, 2016 (3e-8e ch.-r., n° 388899) • Monaco's tax policy (Automatic Exchange of Information - AEOI, Base Erosion and Profit S...

L'Observateur de Monaco : Dossier - Reforms: what civil society expects

October 2016 (nb. 157, pp. 56-62) Interview with Thomas GIACCARDI More • Economy/Connected Reforms, Economy/Expand the law of tenders • Labour/Why not boost severance pay? • Trial Process/Functioning of Justice: can do better ...

Monaco Business News: The protection of personal data 

July 2016 (nb. 56, p. 13) Interview with Anne ROBERT "The key contributions of the Law No.1.420 of December 1, 2015: Control of personal data processing by the Commission de contrôle des informations nominatives (CCIN)" More...

Monaco Business News: The tax agreement with Italy in detail

 July 2015 (nb. 52, p. 12) Interview with Thomas GIACCARDI "The exchange of information in tax matters between Monaco and Italy" More...

Meeting: The Dematerialization of the Monegasque Invoices

June 24, 2014 (Fairmont Monte-Carlo) Organized by ACTIS/SOLUDOC Speech by Thomas GIACCARDI "Electronic Invoicing and Tax Compliance"...

 
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