In a recommendation adopted today in plenary session, the Congress of Local and Regional Authorities of the Council of Europe called on the Principality of Monaco to strengthen certain institutional mechanisms, particularly regarding the political accountability of the municipal executive and judicial safeguards, in order to ensure full compliance with the European Charter of Local Self-Government.
The recommendation was adopted by the Congress based on a report by Jean-Paul Bastin, Belgium (L, EPP/CCE) and Christine Chevalley, Switzerland (L, ILDG), which highlights a satisfactory level of local self-government. The report particularly commends the quality of relations between the central government and the Municipality of Monaco, as well as the legal mechanisms enabling the latter to be consulted in various fields, the administrative structures and means, and the Municipality’s adequate financial resources. Similarly, the Congress notes with satisfaction the nature of the administrative controls, which focus exclusively on compliance with the law, as well as the adoption of a law improving consultation and predictability regarding the financial allocation to the Municipality, in accordance with its previous recommendations.
However, the report identifies certain points requiring particular attention. It highlights the lack of political accountability of the mayor and their deputies to the municipal council, as well as the absence of a judicial remedy to challenge a law deemed to be inconsistent with Section IX of the Constitution or the Charter.
Consequently, it is recommended that the national authorities establish mechanisms guaranteeing the political accountability of the municipal executive to the municipal council. The report also recommends granting the municipality the right to challenge the constitutionality of laws in the event of a violation of Title IX of the Constitution or incompatibility with the Charter.
Finally, the authorities of Monaco are invited to consider ratifying Articles 8.3, 9.2 and 10.2 of the Charter, which are already observed in practice, as well as signing and ratifying the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of local authorities.
Addressing the session, the Minister of the Interior of Monaco, Lionel Beffre, expressed optimism regarding his country’s ratification of these three articles of the Charter (concerning the supervision of local authorities, their financial resources and their right to join associations for the protection and promotion of common interests) and their incorporation into its domestic legal order. “In fact, these articles are in no way at odds with current practice in the Principality,” he stated.
This report constitutes the second review of the implementation of the European Charter of Local Self-Government in Monaco since its ratification by the Principality in 2013.
Contact: Congress Communication Unit, +33 (0)3 88 41 38 90
***
