Administrative Law

As a branch of public law, the main function of administrative law is to govern the relationship between the administrative authorities and citizens. The difference between general and individual interests explains the existence of this specific law, outside the scope of common law.

Any administrative decision may be subject to annulment proceedings for abuse of power before the Supreme Court, the competent court for ruling, in particular, on the legality of those decisions.

Proceedings for abuse of power may be preceded by a preliminary administrative appeal before the author of the administrative act (application for reconsideration) or its superior (appeal to a higher authority). This preliminary process should be formalised within a period of two months following the contested decision. In case of rejection or no response from the administrative authority for four months, the citizen has a new deadline of two months by which to refer the case to the Supreme Court.

Simultaneously, the citizen shall be entitled to appeal to the "High Commission for the Protection of Rights, Liberties and Mediation" created by the Sovereign Ordinance no. 4.524 of 30 October 2013. The purpose of this independent public authority is to reconcile citizens and administrative authorities in an attempt to resolve their dispute equitably. Note: Referral to the High Commission does not interrupt the periods allowed for appeals.

On administrative matters, we assist our clients both in the framework of the formalities conducted with the Monegasque administration and on litigation matters within the framework of preliminary administrative appeals.

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