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 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 judgments rendered at first instance by the Justice of the Peace
  • Appeal against arbitration awards in civil and commercial matters
  • Appeal against judgments which are expressly reserved to the Court of First Instance 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 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)

  • 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

 

 
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