Monaco 1962 Constitution (reviewed 2002)

Chapter V. The Government

Article 43

Government is exercised, under the gracious authority of the Prince, by a Minister of State, assisted by a Government Council.

Article 44

The Minister of State represents the Prince. He oversees the executive services. He has the police force at his command. He chairs the Government Council with a casting vote.

Article 45

Sovereign ordinances are debated in the Government Council. They are presented to the Prince with the Minister of State’s signature; they mention the relevant proceedings. They are signed by the Prince; the Prince’s signature makes them enforceable.

Article 46

Sovereign Ordinances, which are excluded from debate in the Government Council and presentation to the Minister of State, pertain to:

  • The House Laws of the Sovereign Family and these of its members
    The affairs of the Direction of the Judicial Department

    The appointment of members of the Sovereign Household, the diplomatic and consular corps, the Minister of State, the Government Councillors and assimilated civil servants, the magistrates in the judiciary

    The issue of exequatur to consuls

    The dissolution of the National Council

    The granting of honour titles

Article 47

Ministerial decrees are debated during the Government Council and signed by the Minister of State; they mention the relevant proceedings. They are notified to the Prince within twenty-four hours after signature and become enforceable only in the absence of the Princes formal opposition within ten days after the Minister of State’s notification.

However, the Prince may let the Minister of State know He does not intend on exercising His right of opposition for some decrees or types of decrees. These are thereby enforceable as soon as they are signed by the Minister of State.

Article 48

Unless law provides otherwise, distribution of subject matters between sovereign ordinances and ministerial decrees is determined by sovereign ordinance.

Article 49

Government Councils proceedings are subject to minutes put on record in a special register and signed, after the vote, by the present members.

The minutes mention each members vote. Within five days after the meeting, they are notified to the Prince who can lodge an opposition under the conditions provided by the above article 47.

Article 50

The Minister of State and Government Councillors are accountable to the Prince for the Principality’s administration.

Article 51

Civil servants’ obligations, rights and fundamental guarantees, as well as their civil liability and criminal responsibility are laid down by law.