Legislative powers


The Constitution of December 7,1 962, affirms the status of the Principality as a sovereign and independent state in the framework of the general principles of international law and the particular treaties signed with France (article 1), stating that the government is constitutional and is a hereditary monarchy (article 2). The hereditary principle stipulates that accession to the throne, aside causes of death or abdication, is reserved to the direct and legitimate descendent of the reigning Prince, by order of first born giving priority to the male descendent (article i 0) of the same above-cited parent.

The Prince represents the Principality in its foreign relations (article 13), he signs and ratifies treaties after consultation with the Crowns Council (article 14). However the ratification of treaties affecting the constitutional body requires the intervention of the National Council. The Prince gives sovereign orders and nominates the members to the diplomatic corps and consulates, or can delegate his executive rights to the consul who has been accredited by the Principality (article 46). He also gives sovereign orders which enforce international, bilateral or multilateral treaties and conventions.

                                             LEGISLATIVE POWERS

The Constitution determines the legislative, executive and judiciary powers (articles 3, 4, 5), by electing the individuals detaining their respectively defined and specifically attributed authority. Furthermore, it guarantees the checks and balances separation of the administrative, legislative and judiciary functions (article 6).

The legislative powers are jointly exercised by the Prince and the National Council (article 4). A unique assembly of eighteen individuals are elected for five years by direct universal suffrage and open vote from a list of citizens of either gender above the age of twenty-one of Monegasque nationality since at least five years (article 53) who are subject to legitimacy as determined by the courts (article 55).

The instigation of a law " implies the agreement of wills " on the one hand, by the Prince who initiates laws as well as sanctions them through promulgation, and on the other hand, that of the National Council which deliberates and votes on projects they receive (article 66). The National Council can formulate legal proposals subordinated with the Princes agreement before they are adopted by the Assembly which receives these legal propositions in the form of government proposals (article 67).

In the course of the two annual ordinary sessions (article 58), or if necessary in the event of an extraordinary session (article 59), the National Council exerts its competence in matters to which it has been assigned by the Constitution, or that are considered of legislative nature within Constitutional tradition. Included in the first category are : the requirements related to the acquiring or relinquishing of Monegasque nationality (article 18); the definitions of incarceration and penalties (article 20); the laws related to domiciled residents (article 21); the rules guiding expropriation for reasons deemed in the public interest (article 24); the norms pertaining to the right to work (article 25), or the right to strike (article 28); laws prescribed in the event of destitution, unemployment, sickness, handicap, old age and maternity privileging the Monegasques (article 26); the clauses regarding the closing down or changing purpose of public property (article 33), or transferal of rights of a private State held property (article 35), dispositions taken related to the organization, competence and functioning of the tribunals as well as the status of the judges (article 88). The second category depicts the rules related to the carrying on of business or a profession, and those pertaining to the judicial regime for moral persons.

In virtue of the article 68, the Prince issues when necessary sovereign ordinance to ensure the enforcement of laws, whiles in the application of article 47, the State Minister signs ministerial decrees which also constitute the authority of enforcement, opposed only by the Prince's veto.

The National Council has the authority concerning national income with regard to direct or indirect institutional contributions (article 70).