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Opinion 250 (2004)
The Principality of Monaco’s application for membership of the Council of Europe
1. The Principality of Monaco applied
for membership of the Council of Europe on 15 October 1998. In its Resolution
(98) 30 of 10 November 1998, the Committee of Ministers asked the
Parliamentary Assembly to prepare an opinion on this application,
in accordance with Statutory Resolution (51) 30.
2. The Bureau of the Assembly asked two eminent lawyers, Mr Pastor
Ridruejo and Mr Ress, judges at the European Court of Human Rights,
to assess the conformity of the legal structure in Monaco with Council
of Europe fundamental principles. In the course of the examination
of Monaco’s application for membership, the Parliamentary Assembly
has maintained ongoing dialogue with the Monégasque authorities,
focusing in particular on the conclusions and recommendations put
forward by the eminent lawyers.
3. The Assembly welcomes the major constitutional and legislative
changes implemented by Monaco in response to the recommendations
of the eminent lawyers and rapporteurs. These are primarily the constitutional
amendments adopted on 28 March 2002, concerning, in particular,
the enlarged powers of the National Council (the parliament) in
respect of introduction of laws, the right to amend legislation,
decisions on budgetary matters and the ratification of certain international
instruments, as well as matters relating to the acquisition of Monégasque
nationality and the enjoyment of civil rights.
4. The Assembly welcomes the major constitutional and legislative
changes implemented by Monaco in response to the recommendations
of the eminent lawyers and rapporteurs. These are primarily the constitutional
amendments adopted on 28 March 2002, concerning, in particular,
the enlarged powers of the National Council (the parliament) in
respect of introduction of laws, the right to amend legislation,
decisions on budgetary matters and the ratification of certain international
instruments, as well as matters relating to the acquisition of Monégasque
nationality and the enjoyment of civil rights.
5. The Assembly notes that the amended electoral law was in force
for the parliamentary elections held in Monaco on 9 February 2003.
In accordance with established practice whereby observation of elections
in an applicant country is part of the application examination procedure,
these elections were observed by an ad hoc committee of the Bureau
of the Assembly. They concluded that, given the specific nature
of the situation in Monaco, the organisation and conduct of the
elections were broadly in compliance with the standards of the Council
of Europe.
6. were observed by an ad hoc committee of the Bureau of the
Assembly. They concluded that, given the specific nature of the
situation in Monaco, the organisation and conduct of the elections
were broadly in compliance with the standards of the Council of
Europe.
7. With regard to the Franco-Monégasque Convention of 1930, the
Assembly is obliged to note that certain provisions in the said
convention stipulate that senior Monégasque government and civil
service posts are reserved for French public servants on secondment,
thereby depriving Monégasque nationals from gaining access to these
posts. This runs counter to the principle of non-discrimination
and it would seem necessary that the situation be brought into line
with European standards. The Assembly notes that on 19 June 2003
the two states began discussions on revising the 1930 convention
and sincerely hopes that this will be an opportunity to secure full
enjoyment by the citizens of Monaco of the political and civic rights
enshrined in the European Convention on Human Rights. It is aware
that this is the wish of the Monégasque authorities, and is confident
that France, for its part, will want to take advantage of the discussions
currently under way to reach a solution compatible with European
standards. The Assembly considers that the final decision on the application
for membership by Monaco should not be taken until the Joint Committee
has noted that this opportunity has been used for this purpose.
8. Monaco has acceded to the following Council of Europe conventions:
the European Cultural Convention (ETS No. 18), the Convention on
the Conservation of European Wildlife and Natural Habitats (ETS
No. 104), the European Convention on the Protection of the Archaeological
Heritage (ETS No. 66) and the Convention on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime (ETS No. 141).
9. Monaco has acceded to the following Council of Europe conventions:
the European Cultural Convention (ETS No. 18), the Convention on
the Conservation of European Wildlife and Natural Habitats (ETS
No. 104), the European Convention on the Protection of the Archaeological
Heritage (ETS No. 66) and the Convention on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime (ETS No. 141).
10. The Assembly expects the Monégasque authorities to accept
the commitments required by the Organisation for Economic Co-operation
and Development (OECD) under its policy against harmful tax practices,
as defined in the 2000 progress report and modified in the 2001
progress report, in order for a state to be taken off the OECD’s
list of unco-operative tax havens.
11. The Assembly recommends the Monégasque authorities to further
broaden, within five years of its accession, the powers of the National
Council, particularly as regards supervision of government action,
the annual presentation of the governmental programme, the right
of legislative initiative, and the budgetary debate.
12. The Assembly takes note of the letters from the Monaco authorities
and observes that Monaco is committed to honouring the following
undertakings:
12.1. in respect of
conventions:
a. to sign, upon accession, the European Convention on Human Rights (ECHR) and Protocols Nos. 1, 4, 6, 7 and 13;
b. to ratify, at the earliest opportunity and at the latest within one year the ECHR and Protocols Nos. 1, 4, 6, 7 and 13;
c. to sign Protocol No. 12 to the ECHR within one year of its coming into force, and to ratify it within five years of signing it;
d. to examine on an ongoing basis the compatibility of all legislation with the ECHR and its relevant protocols;
e. to sign and ratify, within one year of accession, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126);
f. to become party, within one year of accession, to the General Agreement on Privileges and Immunities of the Council of Europe (ETS No. 2), its additional protocol of 6 November 1952 (ETS No. 10) and its sixth additional protocol (ETS No. 162);
g. to sign, upon accession, the European Social Charter (revised) (ETS No. 163) and to ratify it within two years;
h. to sign and ratify, within two years of accession, the following conventions:the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30);the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No. 106) and its protocols;the European Convention on the Suppression of Terrorism (ETS No. 90);the Criminal Law Convention on Corruption (ETS No. 173);
i. to sign and ratify, within five years of accession, the Convention on Cybercrime (ETS No. 185);
12.2. in respect of domestic legislation:
to pass, within one year of accession where this has not already been done, the following laws in conformity with the standards of the Council of Europe:the law on stating reasons for negative administrative acts and on judicial review;the law on nationality;the law on the freedom of the media;the law on freedom of assembly and freedom of association;amendments to civil law, incorporating the principle of equality between women and men, including as parents or spouses;
12.3. in respect of the monitoring of commitments: to co-operate
fully in the implementation of Assembly Resolution 1115 (1997) on
the setting up of an Assembly committee on the honouring of obligations
and commitments by member states of the Council of Europe (Monitoring
Committee) and the monitoring procedure set up in accordance with
the declaration of the Committee of Ministers of 10 November 1994.
13. In the light of these undertakings, the Assembly believes
that Monaco is capable of and is intent on complying with the provisions
of Article 3 of the Statute setting forth the required conditions
for acceding to the Council of Europe: “Every member of the Council
of Europe must accept the principles of the rule of law and of the
enjoyment by all persons within its jurisdiction of human rights
and fundamental freedoms, and collaborate sincerely and effectively
in the realisation of the aim of the Council as specified in Chapter
I.”
14. In order to ensure compliance with these undertakings, the
Assembly decides, in application of its Resolution 1115 (1997),
to start the monitoring procedure with respect to Monaco six months
following the date of accession with a view to assessing Monaco’s
progress in fulfilling:
the commitments listed in paragraph 12 above; and
the recommendations in paragraphs 10 and 11 above.
15. In the light of the above commitments, the Assembly recommends
that the Committee of Ministers:
15.1. invite
Monaco to become a member of the Council of Europe as soon as the
Assembly and the Committee of Ministers have noted in their Joint
Committee that the consultations between Monaco and France on the
revision of the 1930 convention have opened the possibility for
implementing, in the near future, the principle of non-discrimination,
by allowing Monégasque citizens to be appointed to the senior Monégasque
governmental and public posts that are currently reserved for French
nationals;
15.2. invite Monaco to become a member of the Council of Europe
as soon as the Assembly and the Committee of Ministers have noted
in their Joint Committee that the consultations between Monaco and France
on the revision of the 1930 convention have opened the possibility
for implementing, in the near future, the principle of non-discrimination,
by allowing Monégasque citizens to be appointed to the senior Monégasque
governmental and public posts that are currently reserved for French
nationals;
16. In the meantime, the Assembly asks the Bureau to grant Special
Guest status to the National Council of Monaco, allocating them
two seats, if the National Council asks for this status.