Litigation Attorneys in Monaco

In Monaco, the judiciary is independent of the executive bodies of the states. The independence of the judiciary is guaranteed by the Constitution. The law determines the status of judges, the organization, jurisdiction and functioning of the courts.

 

The Supreme Court is composed of five members and two alternates appointed by the Prince for a term of four years, on the proposal of the National Council, the Council of State, the Council of the Crown, the Court of appeal and the Court of First Instance.

 

The Court of First instance it is composed of a President, one or two Vice-Presidents, one or more First judges, justices and judges referendum. It has only one room.

 

The Court of Appeal consists of a president, a vice president and at least two counsels.

 

The Revision Court has seven judges: a president, a vice-president and five to serve on the order of their appointment. These judges, mostly from the French Court of Cassation are appointed by sovereign order.

 

What are the responsibilities of the Courts in Monaco?

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In constitutional matters, the Supreme Court is ruling on cases concerning violation of constitutional rights and freedoms. In administrative matters, the Supreme Court is hearing cases related to the misuse of authority and against the decisions of administrative authorities and the Sovereign Orders taken for law enforcement. 

It is also the last instance court for the appeals against the decisions of the administrative courts of last resort or in cases related to conflicts of jurisdiction.

 

The Justice of Peace is a court of first degree, involved in civil matters, to the extent possible, to reconcile the parties and settle disputes whose value does not exceed a certain amount currently set at 4.600 EURO. Also it has included within its jurisdiction the presidency office judgment of the Labor Court and the Police Court.

 

The trial court is a collegiate court which decides in civil (trial court) or criminal (criminal court) cases. It’s the first instance in civil and commercial cases that do not fit within the jurisdiction of the magistrate and also act as the first instance in administrative matters. It also the first instance in criminal cases which are punishable by penalties generally limited to five years imprisonment and a fine of up to 90,000 euros.

 

The Court of Appeal is the second level of jurisdiction in civil, criminal, commercial or administrative. In all matters, the decision is taken by a panel of three judges and the number of judges can be completed by a judge of the court which has not heard the case at first instance or by the magistrate.

 

The reviewing court is at the top of the Monegasque judicial hierarchy. Except where the law provides otherwise, the reviewing court decide on all matters related to the violation of the law and on appeals against any decision taken by the previous courts.

 

The criminal court is a non-permanent court, hears all the criminal cases including those committed by minors with the participation of a major.

 

How long does Litigation in Monaco take?

 

The litigation may take from several months to several years, depending on the gravity of the case and also the availability of the judges and the attorneys.