International and European law

The law firm GIACCARDI & BREZZO Avocats works for private persons and institutional actors in the issues of private international law, European law (Council of Europe and European Union) and public international law:

• Conflicts of law or jurisdiction (contractual clause, arbitration agreement, international succession …)

• Recognition and execution of foreign judgments and public instruments

• Compliance with the European Union rules applicable to entities located in Monaco (activities and regulation of credit institutions, personal data protection …)

• Respect of international obligations in domestic proceedings (European Convention on Human Rights, international criminal cooperation, extradition, administrative assistance in tax matters …)

• Claims before the European Court of Human Rights

International and European law in Monaco

Treaties and international agreements, which take precedence over domestic laws (Revision Court, judgment of 21/04/1980), occupy the second place in Monaco’s legal order after the Constitution of 17 December 1962.

The Principality is a dualistic state: to enter into force in Monaco, treaties and international agreements signed and ratified are subject to a sovereign order making them enforceable.

Particularly in the context of mutual legal assistance in criminal matters (international letters rogatory) and international administrative cooperation, in full expansion in Monaco, the issues related to public international law are frequent (interpretation of international conventions, compliance with the double jeopardy and ne bis in idem rules…).

Since the Principality’s accession to the Council of Europe on 5 October 2004, it is possible to invoke the European Convention for the Protection of Human Rights in the context of domestic remedies, and any litigant has the right, after exhaustion of domestic remedies, to appeal before the European Court of Human Rights.

Monegasque law is evolving under the impetus of the case law of the European Court of Human Rights, but also the recommendations of the Office of the United Nations High Commissioner for Human Rights. For example, with the institution of the common life contract by Law No. 1.481 of 17 December 2019 and the submission on 23 February 2021 of the draft law No. 1029 on the promotion and protection of women’s rights by amending and repealing obsolete and inegalitarian provisions.

In the field of banking and finance, Annex A of the Monetary Agreement of 29 November 2011 between Monaco and the European Union provides for the entire or partial applicability of certain regulations and directives of the European Union as soon as they are incorporated into French law (MIFID, EMIR, etc.). This raises recurrent questions about the scope of the EU acts for Monegasque credit institutions.

In accordance with Annex B of this Agreement, the Principality also transposes into its domestic law the EU Directives on the use of the financial system for the purpose of money laundering or terrorist financing, in accordance with international standards (FATF, MONEYVAL).

Great vigilance is also required regarding the applicability in Monaco of EU acts containing extraterritorial provisions (e.g. Regulation (EU) No 650/2012 on inheritance, Regulation (EU) 2016/79 personal data protection).

With the presence of 139 different nationalities in the Principality, relations or disputes between private individuals often have an international dimension regardless of their nature (civil, commercial, social …). Issues relating to private international law (determination of the law applicable, conflicts of jurisdiction, recognition and enforcement of foreign judgments) are frequently raised.

Law No. 1.448 of 28 June 2017 codifying the Monegasque private international law rules, responds to the needs related to the internationalization of exchanges and to the diversity of the residents of Monaco (international competence of the Monegasque courts, and applicable law in matters of status and capacity of natural persons, marriage, parentage and adoption, maintenance obligations, successions, contractual and non-contractual obligations).

Finally, in the context of the exchange of information in tax matters, Ordinance No. 2.693 of 23 March 2010 on international cooperation in tax matters (on the basis of which it is possible to lodge a suspensive appeal before the Council Chamber of the Court of First Instance against the injunction of the Minister of State to provide the information requested by the foreign requesting Authority) was recently amended by Ordinance No. 6.392 of 16 May 2017.