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Monaco To Join Council Of Europe
by Ulrika Lomas, for LawAndTax-News.com, Brussels

06 September 2004

The Council of Europe’s Committee of Ministers decided last week to invite the Principality of Monaco to become the Organisation’s 46th member state. The accession ceremony is due to take place on Tuesday 5 October in Strasbourg, during the autumn session of the organisation’s Parliamentary Assembly (4 – 8 October 2004). The decision follows the favourable opinion adopted by the Assembly on 27 April 2004, and positive developments concerning the revision of the 1930 Convention between Monaco and France. The Principality of Monaco applied to join the Council of Europe on 15 October 1998.

On 22 June France and Monaco concluded an agreement to modify the 1930 treaty. Although the text has not been published at this stage it is understood that the revision removes the restriction whereby French civil servants are appointed to many important positions in Monaco.

''The way for Monaco’s accession as the 46th member state of the Council of Europe is open,” announced Peter Schieder, President of the Council of Europe Parliamentary Assembly at the time. “I have received letters from both the Minister of State of Monaco and the Permanent Representative of France to the Council of Europe informing me that the negotiations for a new Convention to replace the 1930 instrument have been concluded. In particular, agreement was reached on the principle that Monegasque citizens may have access to all public-sector posts in their country.''

This marked an important step towards Monaco’s entry into the Council of Europe, and re-confirms Monaco’s status as an independent sovereign state. “Membership will offer fresh protection to Monegasques and other residents, who will now have access to the European Court of Human Rights” said the head of its Strasbourg delegation, Jean-Charles Gardetto.

Last April the Parliamentary Assembly of the Council of Europe authorised Monaco’s National Council to participate in the work of the Assembly under Special Guest Status. Monaco is represented in this body by a delegation of 2 representatives.

Monaco is committed to introduce new laws as part of the process of joining the Council of Europe. As well as undertaking to sign the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) upon accession, and to ratify this Convention and Protocols 1, 4, 6, 7 and 13 within a year of accession, the Government of Monaco has also undertaken to submit the necessary Bills aimed at defining arrangements for: police custody; pre-trial detention; the provision of grounds for negative administrative decisions; and the expulsion of foreigners and suppression of forced exile. These measures will help ensure the
compatibility of Monaco legislation with the ECHR and its Protocols.

HRH The Prince Sovereign declared that “this is a new illustration of our international status” and “a greater opening towards Europe through a reinforced co-operation in essential areas of human rights, the environment, education and culture.”

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