Public law

The law firm GIACCARDI & BREZZO Avocats advises natural and legal persons in the framework of their relationships with the Monegasque administration, and acts in the context of administrative and constitutional remedies:

• Establishment in the Principality

• Administrative authorisations necessary for business activity

• Transactions and litigation related to the occupation of the public domain

• Disputes concerning the public authority liability (award and performance of public contracts, malfunctioning of a public service…)

• Preliminary administrative complaints

• Action for validity assessment and annulment of a harmful administrative act on grounds of ultra vires

• Compensatory remedies

• Action for annulment of a law

Monegasque public law

The Constitution of 17 December 1962 states that the Principality of Monaco is subject to the rule of law and is committed to the respect of fundamental rights and freedoms. The Principality also recognizes the principle of the hierarchy of norms. In this framework, some rules apply to the State itself.

The Supreme Court protects the fundamental rights and freedoms arising out of the Constitution and is deemed to be the oldest constitutional court in the world.

The Supreme Court also controls the administrative acts (validity assessment, annulment on grounds of ultra vires).

The Court of First Instance ruling on administrative matters has jurisdiction with respect to contractual and non-contractual liability of the public authority.

Law No. 1.421 of 1 December 2015 on various measures relating to State responsibility and remedies enshrined the public authorities’ liability in case of a dysfunction of the justice system by opening to the litigants a new way of national remedy against the State.

It also introduced a procedure for the reopening of civil proceedings in the event of a decision of the EHCR finding a violation to the European Convention on Human Rights or its additional protocols.

Sovereign Ordinance No. 7.264 of 20 December 2018 modernized the state procurement regulations (public supply, services and works contracts).

Lastly, the recent publication of the regulatory texts for the application of the Environmental Code (air quality, waste management and reduction at source, aid for the production of photovoltaic electricity) should be noted. This has resulted in new administrative obligations for businesses.