• General information
• Electoral system
• Last elections
• Election archive
• Presidency
• Oversight
• Specialized bodies
• Full text

Compare data for parliamentary chambers in the Oversight module

Parliament name (generic / translated) Conseil national / National Council Structure of parliament Unicameral POLITICAL SYSTEM Type of political regime parliamentary / constitutional monarchy Notes 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). Head of the executive Prince Notes 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. Method for appointing the executive 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. Term of office of the executive and coincidence with the term of the legislature 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. Incompatibility of the functions of member of the executive and member of Parliament No The Constitution contains no stipulations on this matter. Dissolution of Parliament Yes 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. ACCOUNTABILITY Accountability of Government to Parliament No 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. Modalities of oversight 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. Measures 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) Circumstances Not applicable Modalites Not applicable Consequences Not applicable Dismissal and/or impeachment of Government and other public officials (sub-report) Circumstances and persons concerned Not applicable Modalites and procedure Not applicable Consequences Not applicable Have these procedures been applied? Not applicable OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION Oversight over the actions of the Government administration No The minister of state and the Cabinet are responsible to the Prince for the administration of the Principality (Article 50 of the Constitution). Means and modalities of oversight Hearings in Committees 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 Not applicable 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 Existence of an ombudsman No Method for appointing the executive Not applicable Relationship to Parliament Not applicable BUDGETARY OVERSIGHT Consultation of Parliament in the preparation of the national budget No The parliament is not officially consulted in the preparation of the national budget. Modalities of oversight 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 Fields overseen Defence budget Not available 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. Parliament's deadline for the examination and adoption of the budget / finance act 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. Consequences of failure by Parliament to adopt the budget / finance act 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. Budgetary autonomy of Parliament No Not applicable OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING Evaluation of Government spending Parliament approves Government expenditures annually Yes Government regularly reports to the parliament on public expenditure through the adjustment budget. Parliamentary oversight of public companies No Not applicable Modalities of oversight Body for auditing the Government's books and method for appointing 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. Specialised committee Not applicable OVERSIGHT OVER FOREIGN POLICY Foreign Relations Committee (sub-report) Functions of the Committee A foreign affairs committee exists. Powers of the Committee This committee does not exercise any real oversight over foreign policy. Composition of the Committee Not available 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. Involvement of Parliament Participation of Parliament in inter-governmental meetings Not applicable Modalities and procedures for ratifying international treaties and agreements (sub-report) After consultation with the Crown Council the Prince signs and ratifies treaties and international agreements (Article 14 of the Constitution). The Prince communicates these to the National Council through the minister of state prior to their ratification. However, the enactment of a law is required for treaties and international agreements that (i) affect the Constitution; (ii) require amendments to existing legislation in order to be ratified; (iii) have as a result the membership of the Principality in an international organisation that involves the participation of members of the National Council, and; (iv) on implementation would create a budgetary charge for expenditure not provided for in the finance bill. 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. OVERSIGHT OVER NATIONAL DEFENCE POLICY National Defence Committee (sub-report) Functions of the Committee Not applicable Powers of the Committee Not applicable Composition of the Committee Not applicable Parliamentary oversight of public arms manufacturing companies Not applicable Circumstances and involvement 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. STATE OF EMERGENCY Circumstances The Constitution makes no mention of any provisions in this matter. Can parliament take the initiative to declare a state of emergency Not applicable Consequences of a state of emergency for Parliament Not applicable VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS Modalities of oversight 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. Evaluation of laws No Not applicable Measures

Copyright 1996-2013 Inter-Parliamentary Union

• Also on PARLINE
• Search
• Modules
• At a glance
• Recent elections
• New in PARLINE
• Toolbox
• Photo gallery
• About
• Newsfeeds