Monaco has been governed as a constitutional monarchy since 1911, with the Prince as Head of State and the executive branch consisting of a minister of state, who presides over a four-member Council of Ministers (the Cabinet).

Executive power derives from the high authority of the Prince (Article 3 of the Constitution). The Prince represents the Principality in its relationships with foreign States. Government is conducted, under the high authority of the Prince, by a minister of state, assisted by a Council of Government (Article 43 of the Constitution). The minister of state represents the Prince, directs all executive departments and all public forces. He or she chairs the Council of Government and has the deciding vote.

Succession to the Throne, falling open by decease or abdication, is by direct and legitimate primogeniture with male priority to the same degree from the ruling Prince (Article 10 of the Constitution). The ministers of state are French citizens appointed by the Prince from among candidates proposed by the French Government.

The ministers of state are appointed for a three-year term. Their term of office does not coincide with that of the National Council, which is for five years.

The Constitution contains no stipulations on this matter.

• Circumstances

The Prince may dissolve the National Council (Article 74 of the Constitution).

• Modalities

The Prince dissolves the National Council after having taken advice from the Crown Council. In such cases new elections take place within three months. Over the last 11 years (1990-2000), the parliament has not been dissolved.

The minister of state and the Cabinet are responsible to the Prince for the administration of the Principality (Article 50 of the Constitution). The person of the Prince is inviolate.

• Oral and written questions of parliamentarians

Parliamentarians may put oral or written questions to Government but there is no formal procedure for doing so.

• Government reports to Parliament

The Principality's foreign policy is the subject of an annual report, prepared by Government and communicated to the National Council.

• Vote of confidence on Government programs and/or legislative proposals

The parliament may exercise indirect oversight over government actions, for example, by refusing to vote the national budget.

• Motions of censure and votes of no confidence (sub-report)

• Dismissal and/or impeachment of Government and other public officials (sub-report)

The minister of state and the Cabinet are responsible to the Prince for the administration of the Principality (Article 50 of the Constitution).

Committees may request that member of the Cabinet attend hearings. Such requests are addressed to the minister of state by the President of the National Council.

• Committees of inquiry and missions to Government departments

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• Oral and written questions of parliamentarians

Parliamentarians may put oral or written questions to Government but there is no formal procedure for doing so.

• Role of Parliament in the appointment of senior Government officials

Not applicable

• Activity reports of the Government administration and of public services or establishments

Not applicable

• Representation of Parliament in governing bodies of the Government administration

Not applicable

• Mode for appointing an ombudsman

Not applicable

• Relationship to Parliament

Not applicable

The parliament is not officially consulted in the preparation of the national budget.

• Examination of the budget / finance act by Parliament

The National Council votes the national budget in the form of a draft bill (Article 70 of the Constitution). The national budget covers all receipts and public expenditures for the Principality (Article 37 of the Constitution). It is the expression of the economic and financial policy of the Principality. Expenditures for the ruling house and the princely household are fixed under the budget bill and are raised as a matter of priority on the budget's general receipts. The budget is voted on section by section. The budget comprises mainly, in terms of expenditure, those sums available to the Communal Council for the forthcoming budgetary period.

• Reports on the budget / finance act by Committees

Not available

• Defence budget

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• Budget of special departments

Not available

• Role of Parliament in national development plans

The parliament is consulted in the preparation and implementation of economic development plans.

The draft budget bill is presented to the National Council before 30 September (Article 71 of the Constitution). The draft budget bill is adopted during the October session of the National Council, by 31 December at the latest.

In the case where the vote of credits requested by Government shall not be obtained in their entirety by 31 December, those credits for departments that have been voted shall be deemed to have been opened by sovereign ordinance with the agreement of the Council of state.

Not applicable

• Government reports to Parliament about public spending periodically:   Yes

Government regularly reports to the parliament on public expenditure through the adjustment budget.

• Not applicable

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Financial oversight is provided by a higher accounting committee (Article 42 of the Constitution). The members of this body are not appointed by the National Council.

• Reports of the public auditor's office

Government submits the report of the higher accounting committee to the National Assembly, where, after scrutiny, questions may be put to Government. The Constitution stipulates that any excess funds from receipts over expenditure as found after the implementation of a budget and closure of its accounts shall be paid into a constitutional reserve fund. Any excess expenditure over receipts shall be covered by a debit on the same account under an act passed to that effect.

• Foreign Relations Committee (sub-report)

• Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Not applicable

• Plenary debates on foreign policy issues

Plenary debates on foreign policy matters take place regularly.

• Participation of Parliament in inter-governmental meetings

Not applicable

• Modalities and procedures for ratifying international treaties and agreements (sub-report)

• Other mechanisms for participation in foreign policy by Parliament

Parliament has no other means to exercise control over foreign policy in addition to the above.

• National Defence Committee (sub-report)

• Parliamentary oversight of public arms manufacturing companies

Not applicable

• Modalities and procedures in case of war, an armed attack or a state of emergency

Not applicable

• Role of Parliament in sending troops abroad

Not applicable

• Other mechanisms for participation in national defence policy by Parliament

In 2002, a new treaty between France and Monaco clarifies that if there are no heirs to carry on the dynasty, the Principality will remain an independent nation rather than revert to the French. Monaco's military defence, however, remains the responsibility of France.

The Constitution makes no mention of any provisions in this matter.

Not applicable

• Body ruling on the constitutionality of laws:    Supreme Court / Tribunal

The Supreme Tribunal is made up of five members and two substitute members (Article 89 of the Constitution). The Prince appoints the members of the Supreme Tribunal, namely one titular member and; (i) one nominated by the National Council from among its members; (ii) one substitute member nominated by the Council of State from among its members; (iii) one member nominated by the Crown Council from among its members; (iv) one member nominated by the Court of Appeal from among its members, and; (v) one member nominated by the Civil Tribunal of first instance from among its members. Each of these bodies nominates two candidates for each seat. If the Prince does not agree with these nominations he may request new nominations. The Prince appoints the President of the Supreme Tribunal.

• Means and procedures

In constitutional matters the Supreme Tribunal is the final ruling instance; (i) on the conformity of the internal regulations of the National Council with constitutional provisions and, where required, with existing legislation, and; (ii) on appeals for annulment and for rulings on the constitutional validity of legislative texts and petitions for the indemnification of infringements of the liberties and rights set out in Title III of the Constitution (Article 90 of the Constitution).

In administrative matters the Supreme Tribunal is the final ruling instance; (i) on appeals for annulment of decisions of administrative bodies or arising out of sovereign ordinances that are deemed excessive together with the granting of any indemnity that may result; (ii) on appeals against decisions handed down by administrative jurisdictions; (iii) on petitions for interpretation and appreciation of the validity of decisions handed down by various administrative bodies or arising out of the application of sovereign ordinances. The Supreme Tribunal also rules on conflicts of jurisdictional competence.

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