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Chapter I. The Principality – Public powers
Article 1
The Principality of Krashnár is a sovereign and independent state within the framework of the general principles of international law.
The territory of the Principality is inalienable.
Article 2
The principle of government is hereditary and constitutional monarchy.
The Principality is a state of law, committed to freedoms and fundamental rights.
Article 3
Executive power is exercised by the highest authority of the Prince.
The character of the Prince is inviolable.
Article 4
Legislative power is exercised jointly by the Prince and the National Council.
Article 5
Judicial power is exercised by courts and tribunals.
Article 6
The separation of administrative, legislative and judicial functions is guaranteed.
Article 7
The Prince’s standard consists of the coat of arms of the House of Sabbatim Krashnár on a blue, red and yellow background.
The National Flag is composed of two blue stripes at the top and bottom, red and yellow in the middle, arranged horizontally, with the coat of arms of the Principality in the center.
The use of these rules and flag is governed by the provisions of the sovereign decree of July 6, 2021.
Article 8
English is the official language of the State.
Article 9
The Catholic, Apostolic and Roman religion is the religion of the State.
Chapter II. The Prince, the Disappearance of the Crown
Article 10
Succession to the Throne, opened by death or abdication, occurs by direct and legitimate issue of the reigning Prince, in order of primogeniture.
In the absence of a direct legitimate issue, the succession passes to the brothers and sisters of the reigning prince and their direct legitimate descendants, in order of primogeniture.
If the heir, who would have acceded by virtue of the preceding paragraphs, has died or renounced the Throne before the opening of the succession, the succession passes to His own direct legitimate descendants in order of primogeniture with priority given to men within it. of kinship.
If the application of the previous paragraphs does not fill the vacancy on the Throne, the succession passes to a collateral heir appointed by the Crown Council with the same advice as the Regency Council. The prince’s powers are temporarily retained by the Regency Council.
The throne can only pass to those who hold Monegasque citizenship on the day of the opening of the succession.
The procedures for implementing this article are set out, as necessary, in the laws of the Sovereign Family House promulgated by sovereign ordinance.
Article 11
The Prince may exercise his sovereign powers if he has reached adulthood at the age of eighteen.
During the Prince’s adolescence or in the event that he is unable to perform his duties, the organization and conditions for exercising the Regency are provided for in the laws of the House of the Sovereign Family.
Article 12
The Prince exercises his sovereign authority in full compliance with the provisions of the Constitution and laws.
Article 13
The Prince represents the Principality in its relations with foreign powers.
Article 14
After consulting the Crown Council, the Prince signs and ratifies international treaties and conventions. Before ratification, the Special Rapporteur informs the National Council through the Minister of State.
However, in compliance with a law, the following treaties must be ratified:
1. International treaties and agreements affecting the organization of the Constitution
2. Treaties and international agreements whose ratification implies the modification of the legal provisions in force
3. International treaties and agreements implying the Principality’s membership of an international organization whose functioning involves the participation of members of the National Council.
4. Treaties and international organizations whose execution results in budgetary expenditure relevant to the type or use of the expenditure, which is not provided for in the budgetary law
The Principality’s foreign policy is recorded in an annual report drawn up by the Government and notified to the National Council.
Article 15
After consultation with the Crown Council, the Prince exercises the right to pardon and amnesty, as well as the right to naturalization and restoration of nationality.
Article 16
The Prince confers orders, titles and other distinctions.
Chapter III. Fundamental freedoms and rights
Article 17
All Monegasques are equal before the law. There are no privileges among them.
Article 18
The circumstances under which Monegasque nationality may be acquired are established by law. The circumstances under which a person who has acquired Monegasque nationality through naturalization may be deprived of it are established by law.
Loss of Monegasque nationality in any other circumstances can only occur, under the law, after the intentional acquisition of another nationality or illegal service in a foreign army.
Article 19
Individual freedom and security are guaranteed. No one may be prosecuted except in cases provided for by law, before judges legally appointed and in the manner provided for by law.
Except in cases of flagrant infraction, the arrest may only be carried out upon a reasoned order from the judge, which must be notified at the time of the arrest or, at the latest, within twenty-four hours. Any arrest must be preceded by an examination.
Article 20
No sanctions may be imposed or enforced except by law.
Criminal law must guarantee respect for personality and individual dignity. No one may be subjected to cruel, inhuman or degrading treatment.
The death penalty has been abolished.
Criminal law cannot have any retroactive effect.
Article 21
The house is inviolable. The house cannot be broken into or searched, except in the cases and in the manner provided for by law.
Article 22
Everyone has the right to respect for private and family life and the confidentiality of correspondence.
Article 23
Freedom of religion and public worship is guaranteed, as well as freedom of expression of one’s opinions on all matters, subject to the right to prosecute crimes committed in the exercise of these freedoms.
No one can be forced to participate in the rites or ceremonies of any religion or to observe its days of rest.
Article 24
Property is inviolable. No one may be deprived of property except for the public benefit established by law and for just compensation determined and paid in the circumstances and manner specified by law.
Article 25
Freedom of work is guaranteed. Its practice is determined by law.
Priority is given to Monegasques in obtaining public and private positions in the circumstances prescribed by law or international conventions.
Article 26
Monegasques have the right to State assistance in cases of destitution, unemployment, illness, disability, old age and maternity in the circumstances and modalities provided for by law.
Article 27
Monegasques have the right to free primary and secondary education.
Article 28
Each person can defend the rights and interests of their profession and function through union action.
The right to strike is recognized, subject to the provisions of the law.
Article 29
Monegasques have the right to assemble peacefully and without weapons, in accordance with the laws that regulate the exercise of this right, without subjecting it to prior authorization. This freedom does not extend to outdoor gatherings, which remain subject to police laws.
Article 30
Freedom of association is guaranteed, subject to the provisions of the law.
Article 31
Anyone can submit requests to public authorities.
Article 32
Foreigners enjoy all public and private rights in the Principality that are not formally reserved for nationals.
Chapter IV. Public Domain, Public Finances
Article 33
The public domain is non-alliable and imprescriptible.
A property in the public domain may only be closed down or changed in purpose if so declared by law. The law may assign the dismantled property to the public domain of the State or the Commune, as the case may be.
The coherence and regime of the public domain are determined by law.
Article 34
The assets of the Crown are subject to the exercise of Sovereignty.
They are inalienable and imprescriptible.
Its coherence and regime are determined by the laws of the Sovereign Family Chamber.
Article 35
Real estate and rights belonging to the State’s private property are only transferable in accordance with the law.
The law authorizes the alienation of a part of the commercial capital of which at least 50% is in the hands of the State, thus transferring the majority of this capital to one or more individuals or legal entities governed by private law.
Article 36
All vacant and ownerless property belongs to the private domain of the State.
Article 37
The national budget includes all public revenue and expenditure of the Principality.
Article 38
The national budget expresses the economic and financial policy of the Principality.
Article 39
The budget is subject to a budget invoice. It is voted on and enacted in the form of law.
Article 40
The expenses of the Sovereign Household and the Prince’s Palace are determined by the budget law and are taken primarily from the general public revenues of the budget.
Article 41
The excess of revenue over expenditure, determined after the budget has been executed and the accounts have been closed at the end of the financial year, is credited to a constitutional reserve fund. The excess of expenditure over revenue covers the withdrawal from the same account after the enactment of the relevant law.
Article 42
Financial management control is ensured by a Superior Audit Committee.
Chapter V. The Government
Article 43
The Government is exercised, under the authority of the Prince, by a Minister of State, assisted by a Government Council.
Article 44
The Minister of State represents the Prince. He oversees the executive services. He has the police under his command. He chairs the Governing Council with a casting vote.
Article 45
Sovereign ordinances are debated in the Government Council. They are presented to the Prince with the signature of the Minister of State and mention the relevant actions. They are signed by the Prince ; the Prince’s signature makes them executable.
Article 46
The sovereign ordinances, which are excluded from debate in the Government Council and from their presentation to the Minister of State, refer to:
The laws of the Sovereign Family Chamber and its members
The affairs of the Judicial Department Board
The appointment of members of the Sovereign Household, the diplomatic and consular corps, the Minister of State, Government Advisors and equivalent public officials, and magistrates of the Judiciary
The question of exequatur to consuls
The dissolution of the National Council
The granting of honorary titles
Article 47
Ministerial decrees are discussed in the Government Council and signed by the Minister of State, in which the relevant procedures are mentioned. They are notified to the Prince within twenty-four hours of signature and can only be executed in the absence of formal opposition from the Princes within ten days of notification by the Minister of State.
However, the Prince may inform the Minister of State that he does not intend to exercise his right to object to certain decrees or types of decrees. These are therefore enforceable upon signature by the Minister of State.
Article 48
Unless otherwise provided by law, the distribution of matters between sovereign orders and ministerial decrees is determined by sovereign order.
Article 49
The work of the Governing Councils is recorded in minutes drawn up in a special register and signed, after voting, by the current members.
The minutes mention each vote of the members. Within five days after the meeting, they are notified to the Prince, who may object under the conditions set out in Article 47 above.
Article 50
The Minister of State and the Government Advisors are responsible to the Prince for the administration of the Principality.
Article 51
The fundamental obligations, rights and guarantees of public officials, as well as their civil and criminal liability, are established by law.
Chapter VI. The Council of State
Article 52
The Council of State is responsible for advising on bills and ordinances that the Prince has submitted for consideration.
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Its organization and operation are prescribed by sovereign decree.
Chapter VII. The National Council
Article 53
The National Council is composed of twenty-four members, elected for five years by direct universal suffrage and by the list system under the conditions provided for by law.
In accordance with the conditions established by law, voters are Monegasque citizens, of both sexes, at least eighteen years of age, with the exception of those deprived of the right to vote for any of the reasons established by law.
Article 54
All Monegasque voters of both sexes, at least 25 years of age, who have had Monegasque nationality for at least five years and who are not deprived of the right to run for any of the reasons provided for by law, are eligible.
The law determines which positions are incompatible with the mandate of the National Councilor.
Article 55
The courts of justice are responsible for monitoring the legitimacy of elections, under the conditions provided for by law.
Article 56
Members of the National Council shall not be subject to civil or criminal liability for opinions or votes expressed in the exercise of their mandate.
Without authorization from the National Council, they cannot be prosecuted or detained during a session for criminal or police offenses, except in cases of flagrant crime.
Article 57
The newly elected National Council meets on the eleventh day after the elections to elect its board of directors. The oldest National Council presiding over this session.
Without prejudice to the provisions of article 74, the powers of the previous National Council expire on the day of the new meeting of the National Council.
Article 58
The National Council meets ipso jure in two regular annual periods.
The first session opens on the first business day of April.
The second session opens on the first business day of October.
Each session may not last more than three months. The President shall declare the session closed.
Article 59
The National Council meets in extraordinary session, convened by the Prince or at the request of at least two-thirds of the members, by the President.
Article 60
The board of directors of the National Council is made up of a president and a vice-president, elected annually by the Assembly from among its members.
The mayor’s office is incompatible with that of the President and Vice-President of the National Council.
Article 61
Without prejudice to the provisions of the Constitution and, whenever necessary, the law, the organization and functioning of the National Council are determined by the regulations issued by the National Council.
Before its application, this regulation must be submitted to the Supreme Court, which decides whether it complies with the Constitution and, if necessary, the law.
Article 62.
The National Council sets its agenda. The Minister of State is notified at least three days in advance. At the request of the Government, at least one of the two sessions must be devoted to the debate of the bills presented by the Prince.
However, the agenda for the extraordinary sessions called by the Prince is set out in the notice.
Article 63.
National Council meetings are public.
However, the National Council may decide, by a two-thirds majority of the members present, to meet in private session.
The minutes of the public sessions are published in “The Krashnar Journal”.
Article 64
The Prince communicates with the National Council through messages read by the Minister of State.
Article 65
The Minister of State and Government Advisors reserved tickets and seats at National Council meetings.
They should have the floor when asked.
Article 66.
The instigation of the law involves the agreement of wills between the Prince and the National Council.
Only the Prince can initiate the law.
The deliberation and voting of bills are the responsibility of the National Council.
It is up to the Prince to sanction the laws, which gives them binding power through promulgation.
Article 67.
The Prince signs accounts. These bills are presented to you through the Government Council and with the signature of the Minister of State. After the Prince’s approval, the Minister of State presents them to the National Council.
The National Council can formulate bill proposals. Within six months from the date of receipt of the bill by the Minister of State, notify the National Council of the following:
to. Or your decision to convert the proposal into a bill, eventually amended, which will follow the procedure set out in paragraph 1. In this case, the bill is presented within one year from the end of the six-month period mentioned above.
b. Or his decision to halt the legislative process. This decision is explained by a statement on the agenda of an ordinary public meeting scheduled within the deadline. This statement may be followed by a debate
After the above-mentioned period of six months, if the Government has not notified the intended outcome of this proposed law, it, in accordance with the procedure set out in paragraph 1, becomes ipso jure a bill.
The same procedure applies if the Government has not presented the bill within the period of one year provided for in subparagraph a) of paragraph 2).
The National Council has the right to amend. As such, it may propose additions, substitutions or deletions to the bill. Only amendments that are directly related to the provisions of the bill relevant to the bill are admissible. The vote shall take place on the amended bill, as the case may be, unless the Government withdraws the bill before the final vote.
However, the provisions of the previous paragraph shall not apply to ratification bills or budgetary bills.
At the beginning of each ordinary session, in a public session, the National Council announces the update of all bills presented by the Government each time they are presented.
Article 68
The Prince issues, when necessary, orders to ensure the application of laws and the enforcement of international treaties or conventions.
Article 69
Sovereign laws and regulations are only applicable to third parties from the day following their publication in The Krashnar Journal.
Article 70
The National Council votes on the budget.
Direct or indirect taxes cannot be introduced except by law.
Any international treaty or agreement that involves such taxation can only be ratified by law.
Article 71
Budget proposals are submitted to the National Council before September 30.
Budget projects are voted on during the October session of the National Council.
Article 72
The budget is voted on chapter by chapter. Transfers from one chapter to another are prohibited unless authorized by law.
The budget includes, among other things, in expenditure items, the amounts provided to the Communal Council for the next fiscal year, in accordance with the provisions of article 87.
Article 73
If the appropriation of the funds requested by the Government in accordance with the provisions of article 71 has not occurred before December 31, the funds corresponding to the voted services may be opened by sovereign decree with the agreement of the National Council.
The same applies to income and expenses arising from international treaties.
Article 74
The Prince, after having received the opinion of the Crown Council, may pronounce the dissolution of the National Council. If this happens, new elections will be held within three months.
Chapter VIII. The Crown Council
Article 75
The Crown Council is made up of seven members of Monegasque nationality, appointed by the Prince for a period of three years.
The President and three other members are appointed directly by the Prince.
Three members are appointed at the suggestion of the National Council, elected from among its members.
The positions of Minister of State and Government Counselor are incompatible with those of President or member of the Crown Council.
Article 76
The Crown Council meets at least twice a year upon summons by the Prince. In addition, the Prince may call a meeting at any time he considers necessary, either on his own initiative or at the suggestion of the President of the Crown Council.
Article 77
The Prince may consult the Crown Council on matters relating to the best interests of the States. You may offer suggestions to the Prince.
The consultation must be carried out on the following topics: international treaties, dissolution of requests from the National Council or naturalization and restoration of Monegasque nationality, pardons and amnesties.
Chapter IX. The Commune
Article 78
The territory of the Principality forms a single commune.
Article 79
The commune is administered by a municipality made up of the mayor and deputies appointed by the Communal Council from among its members.
In accordance with the conditions established by law, the elections are Monegasque citizens of both sexes, at least 18 years of age, with the exception of those deprived of the right to vote for any of the reasons established by law.
All Monegasque voters of both sexes, at least 21 years of age, who have had Monegasque nationality for at least five years and who are not deprived of the right to contest elections for any of the reasons provided for by law are eligible.
Article 80
The Communal Council is composed of 15 members elected for a four-year term by direct universal suffrage through the list system.
There is no incompatibility between the mandate of the Communal Councilor and that of the National Councilor.
Article 81
The Community Council meets quarterly in ordinary session. Each session cannot last more than fifteen days.
Article 82
Extraordinary sessions may be held, at the request of the Minister of State or with the authorization of the Minister of State, for specific purposes.
Article 83
The Communal Council may be dissolved by well-founded ministerial decree, after requesting the opinion of the Council of State.
Article 84
In the event of dissolution or resignation of all members of the Communal Council, a special delegation is appointed by ministerial decree to perform its functions until the election of a new Council. This election shall take place within three months.
Article 85
The Communal Council is chaired by the President of the Chamber or, in his absence, by the deputy or councilor who replaces him, following the order of the table.
Article 86
The Communal Council debates the affairs of the Commune in public session. Its actions are enforceable fifteen days after notification to the Minister of State, unless a reasoned objection is presented in the form of a ministerial decree.
Article 87
The communal budget is financed by income from communal property, ordinary resources of the communes and allocations prescribed in the initial budget law of the year.
Chapter X. Justice
Article 88
Judicial power rested with the Prince, who, under the terms of the current Constitution, delegates its full exercise to the courts and tribunals.
The courts dispense justice in the name of the Prince.
The independence of judges is guaranteed.
The organization, jurisdiction and functioning of the courts, as well as the status of judges, are established by law.
Article 89
The Supreme Federal Court is composed of five full members and two alternates.
The members of the Supreme Courts are appointed by the Prince as follows:
One full member and one alternate are presented by the National Council from outside its members.
One full member and one alternate are presented by the Council of State from outside its members.
A full member is presented by the Crown Council from outside its membership.
A full member is introduced by the Court of Appeal from outside its membership
A full member is introduced by the Civil Court of First Instance from outside its members.
These presentations are made by each of the above-mentioned bodies at the rate of two per seat.
If the Prince does not agree to these presentations, He is free to demand new ones.
The Chief Justice is appointed by the Prince.
Article 90
A. In constitutional matters, the Supreme Court decides sovereignly on:
1. Compliance with the regulations of the National Councils with constitutional and, if necessary, legislative provisions under the conditions set out in article 61.
2. Appeals against requests for annulment, requests for review of validity and actions for compensation arising from violations of the rights and freedoms established in Chapter III of the Constitution, and which are not mentioned in paragraph B of this article
B. In administrative matters, the Supreme Court has sovereign power to decide on:
1. Procedure for annulling ultra vires decisions adopted by various administrative authorities or sovereign orders to enforce laws, and awarding related damages
2. Appeals through the annulment of last resort decisions adopted by administrative jurisdictions
3. Appeals for interpretation and petitions for review of the validity of decisions of various administrative authorities or sovereign orders to enforce laws
C. The Supreme Court decides on conflicts of jurisdiction.
Article 91
The Supreme Court deliberates in a plenary session composed of five members or in an administrative section composed of three members.
It has a seat and deliberates in plenary session:
1. In constitutional matters
2. As a judge of conflicts of jurisdiction
3. In administrative matters on requests ordered by the President of the Supreme Court or resolved by the administrative section
It sits and deliberates in the administrative section in all other cases.
Article 92
A sovereign order regulates the organization and functioning of the Supreme Court, especially with regard to the qualifications required of its members, the incompatibilities with them, as well as their status, the rotation of members of the administrative section, the procedure to be followed before the Court, the effects of petitions and sentences, the procedure and effects of conflicts of jurisdiction, as well as the necessary transitional measures.
Chapter XI. Revision of the Constitution
Article 93
The Constitution cannot be suspended.
Article 94
Any revision, total or partial, requires the joint agreement of the Prince and the National Council.
Article 95
In the event of an initiative by the National Council, the procedure may only be taken by a majority of two-thirds of the normal number of members elected in the Assembly.
Chapter XII. Final provisions
Article 96
The previous constitutional provisions are revoked.
This Constitution shall come into force immediately.
The renewal of the National Council and the Communal Council will take place within three months.
Article 97
Laws and regulations currently in force remain applicable to the extent that they are not inconsistent with the Constitution in force. If necessary, they should be modified to suit the latter as quickly as possible.
