Court of Appeal of Monaco

Last updated

The Court of Appeal (French : Cour d'appel) is a court of the second level of the judiciary in civil, criminal, commercial and administrative matters in the Principality of Monaco. [1] The Court of Appeal judges on appeals of judgments delivered by the Court of First Instance. [1] The Court of Appeal has a remarkable position in the Monegasque justice system due to its regulatory function, which is both judicial and legal. [1] On the legal side, many of the Court’s judgments constitute law references establishing the Monegasque State of Law. On the judicial side, the Court contributes to guaranteeing that the institution of justice will comply both with law and professional ethics. [1]

The Court was established in 1965 [2] and is composed of a President, a Vice President and a maximum of two advisers. [1]

Members

As of 2021 Court of Appeal consists of the following members:

Related Research Articles

<span class="mw-page-title-main">Court of Cassation (France)</span> Highest judicial court in France

The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four superior courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.

<span class="mw-page-title-main">Conseil d'État</span> French administrative justice institution and legal counsel to the government

In France, the Conseil d'État is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system. Established in 1799 by Napoleon as a successor to the King's Council, it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France.

<span class="mw-page-title-main">Judiciary of France</span> Overview of Frances court system

France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.

The legal year, in English law as well as in some other common law jurisdictions, is the calendar during which the judges sit in court. It is traditionally divided into periods called "terms".

<span class="mw-page-title-main">Supreme Court of Burundi</span> Highest civil and criminal court of Burundi

The Supreme Court is the highest civil and criminal court in Burundi. It has nine members, including the Court President, who are nominated by the Judicial Service Commission and appointed by the President of the Republic after the approval of the Senate. The court's president is referred to as the Chief Justice.

<span class="mw-page-title-main">Supreme Court of Monaco</span> Highest court in Monaco

The Monegasque Supreme Court is the highest court of law in the city-state of Monaco for judicial appeals, administrative matters as well as ensuring the constitution of Monaco is upheld. It consists of three full judges and two assistant judges, appointed by the Prince of Monaco at the recommendation of the National Council of Monaco, the Crown Council, the Council of State, the Court of First Instance and the Court of Appeal. This is done in the ratio of one judge per institution. The Supreme Court was established in 1962 following the new constitution to guarantee fundamental liberties.

The Court of Appeal of Paris is the largest appeals court in France in terms of the number of cases brought before it. Its jurisdiction covers the departments of Paris, Essonne, Yonne, Seine-et-Marne, Seine-Saint-Denis, and the Val de Marne.

<span class="mw-page-title-main">Bouvier Affair</span> International art fraud scandal

The Bouvier Affair was a number of international lawsuits that started in 2015, and subsequent events. The lawsuits, initiated by Russian oligarch Dmitry Rybolovlev, allege that Swiss art shipper and dealer Yves Bouvier defrauded him by misrepresenting the original cost of art works and subsequently overcharging them. The affair has played out in courts in Monaco, Switzerland, France, the United States, Hong Kong and Singapore.

<span class="mw-page-title-main">Ministère public (France)</span>

In French law, the ministère public or le parquet is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to magistrats du siège. Its closest equivalent in some English-speaking countries is the director of public prosecutions and the attorney general in others.

<span class="mw-page-title-main">Court of appeal (France)</span> French court

In France, a cour d’appel of the ordre judiciaire (judiciary) is a juridiction de droit commun du second degré, an appellate court of general jurisdiction. It reviews the judgments of a tribunal judiciaire. When one of the parties is not satisfied with the trial court’s judgment, the party can file an appeal. While decisions of a court of first instance are termed "jugements" in French, a court of appeals hands down an arrêt, which may either affirm or reverse the judgment of the court below. An arrêt (judgment) of the court of appeals may be further appealed en cassation. If the appeal is admissible at the cour de cassation, that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts.

<i>Tribunal correctionnel</i> French court of first instance for criminal matters

In France, the correctional court is the court of first instance that has jurisdiction in criminal matters regarding offenses classified as délits  committed by an adult. In 2013, French correctional courts rendered 576,859 judgments and pronounced 501,171 verdicts.

The French judiciary courts, also known as "ordinary courts", are one of two main divisions of the dual jurisdictional system in France, the other division being the administrative courts.

<span class="mw-page-title-main">Procureur général</span>

In France, a procureur général is a prosecutor at a court of appeal, at the Court of Cassation or the Court of Audit. In the case of the appellate courts, the term refers to the magistrate who conducts the prosecution for the court of appeal, as opposed to the judges.

Pierre Truche was a French magistrate. He notably prosecuted Klaus Barbie during his trial in 1987.

<span class="mw-page-title-main">Ministry of Justice (France)</span> Justice ministry in France

The Ministry of Justice is a ministerial department of the Government of France, also known in French as la Chancellerie. It is headed by the Minister of Justice, also known as the Keeper of the Seals, a member of the Council of Ministers. The ministry's headquarters are on Place Vendôme, Paris.

<span class="mw-page-title-main">Court of Revision (Monaco)</span> Highest judicial court in Monaco

The Court of Revision is the highest judicial court in the Principality of Monaco. The Court rules on all matters concerning violation of the law, and on appeals against any last resort decision or final judgment of the court. The jurisdiction of the Court of Revision is regulated by Article 25 of the Law no 783 July 15, 1965 from 15 July 1965 on judicial organization. By statute, the Court of Revision consists of seven judges: a President, a Vice-President and five advisors. The Court of Revision is a member of the Francophone Association of High Courts of Cassation (AHJUCAF). As of 2021 the president of the Court of Revision is Cécile Chatel Petit, Honorary First Advocate General at the First Civil Chamber of the French Court of Cassation, former member of the Superior Council of the French Magistracy.


The High Council of Judges and Prosecutors is a collegial body invested with a preponderant role within the framework of the administration of justice of the Principality of Monaco. The High Council of Judges and Prosecutors was instituted by the law n° 1364 of November 16, 2009 relating to the statute of the magistracy. In November 2018, the new members of the High Judicial Council have been introduced in their new functions, under the chairmanship of Laurent Anselmi, Director of Judicial Services.

The judicial police in France are responsible for the investigation of criminal offenses and identification of perpetrators. This is in contrast to the administrative police, whose goal is to ensure the maintenance of public order and to prevent crime. Article 14 of the French Code of Criminal Procedure provides the legal basis for the authority of the Judicial police.

<span class="mw-page-title-main">Agence nationale des techniques d'enquêtes numériques judiciaires</span>

National Agency for Digital Forensic Investigation Techniques is a national agency attached to the French Ministry of Justice.

References

  1. 1 2 3 4 5 "The Court of Appeal / Justice / Institutions / Government & Institutions / Portail du Gouvernement - Monaco". en.gouv.mc. Retrieved 2021-05-29.
  2. "LégiMonaco - Textes non codifiés - Loi n. 783 du 15/07/1965 portant organisation judiciaire". www.legimonaco.mc. Retrieved 2021-05-29.
  3. "La cour d'appel se féminise à Monaco avec l'arrivée de deux nouvelles magistrates". Monaco-Matin (in French). 2020-09-29. Retrieved 2021-05-29.
  4. 1 2 3 4 "DIRECTION DES SERVICES JUDICIAIRES". cloud.gouv.mc. Archived from the original on 2012-02-25. Retrieved 2021-05-29.
  5. 1 2 "Deux nouvelles magistrates à la cour d'appel de Monaco - Monaco Hebdo" (in French). Retrieved 2021-05-29.