The Judiciary Powers

The judiciary powers belong to the Prince who has full authority in the courts and tribunals which are composed of judges, whose independence is guaranteed by the Constitution, and render justice in the name of the Prince (article 88). After consultations between the Cabinet and the Crown, the Prince exercises his right of administering grace and amnesty (article i 5).

The administration of justice is assured by the director of the judiciary services responsible for the surveillance over the magistrates, defense lawyers and barristers, police officers and ministerial officials. The jurisdictional administration of the Principality is characterized by the duality of the powers exercised, on the one hand, by the Supreme Court of Justice and on the other hand, by the judicial courts.

The Constitution of December i 7, i 962 is dedicated to the existence of a constitutional jurisdiction through article 90-A which prescribes that the Supreme Court sovereignly rules over appeals which seek validity or indemnity having attacked the rights and liberties prescribed in title III of the Constitution. In this manner, the jurisdiction advocates conformity to the constitutional title Ill, prescription to the promulgated law, and sovereign orders used in the application of treaties or international agreements where guarantee of freedom and rights are concerned.

The Supreme Court also has the authority of attribution in matters of administration, in the application of constitutional article 90-B. It's rule is sovereign: - in appeals where abuse of power have been enacted against decisions taken by various administrative authorities, against Sovereign Order of laws to be enforced, or of concessions resulting in indemnities - in the Supreme Court of Appeals against last recourse rulings of the administrative jurisdiction - on cases in trial, and those in judgment by the various administrative authorities and sovereign orders of laws to be enforced.

Finally the Supreme Court is judge of conflicts of authority between the judiciary and administrative jurisprudence (article 90-C).

The judiciaries jurisprudence constitutes ; the justice of the peace, a trial court, a court of appeal, a criminal court and a court of judicial revision.

The justice of the peace, like the civil judge rules in first and last recourse in litigations where penalty is lesser than that which is set by the law, just as the police judge handles constitutionally penalized infractions.

The trial court's handle first recourse civil and commercial lawsuits, which, by reason of their nature or value are not within the competence of the judge of the peace. In court appeals, the judge of the peace renders first recourse sentences and settlements by arbitration in civil and commercial matters. In correctional court, infractions punishable by correctional penalty and crimes committed by i 8 year old minors, are stipulated in the penal code ; in court appeals, sentences are delivered by the court of the police. Trial court handles common rights issues in first recourse in administrative matters, all litigations other than those which competence falls within the framework of the Constitution, Supreme Court or other jurisdictions (article i 8).

The court of appeals handles sentences given by the trial court in civil, commercial, administrative, or penal cases. However infractions qualified as crimes by law are addressed by the criminal court.

The court of revision rules over the same matters handled by the court or appeals court, for violations of the law for appeals against last recourse sentences having been determined as final judgments. In civil matters, the court rules, but in penal matters, the court sends the case to the appropriate competent jurisdiction.

Trial court rules over administrative concerns, the appeals court and revision court handle matters in dispute. The jurisdictions respectively handle administrative contract lawsuits for which these define the criteria. They rule over matters of which the public forces hold responsibility with regard to legislative clauses, and in the application of the principles of jurisprudence.