The example of the status of the Principality of Monaco

The APROFED association is getting back to you this week following the proposal made by François Roux, a long-time FLNKS lawyer, in the newspaper Le Monde to re-examine the Bougival agreement project with a view to drawing inspiration from Monaco’s special status (see New Caledonia: “In the name of the right to decolonization, we must re-examine the Bougival agreement project” ).

As a reminder, the Principality of Monaco acquired its independence in 1814 after the fall of Napoleon I. This was confirmed by the Franco-Monegasque treaty of February 2, 1861. Monaco has remained sovereign since that date and even obtained a seat at the UN in 1993 .

Being independent, the principality thus officially manages all of its sovereign powers . Unofficially, the situation is quite different, although more interesting than the Bougival project.

Indeed, although the Principality of Monaco is officially a sovereign state , internationally recognized and a member of the UN, its close ties with France , both historical and legal and economic, give the impression of a form of informal dependence or integration. Politically and functionally, Monaco could be perceived as a “modern protectorate”, a highly autonomous enclave under strong French influence. This ambiguity is due to a subtle balance between formal independence and structural dependence.

If we were to compare, Monaco is more autonomous than a German state or a US state, but more dependent on France than a totally independent country like Switzerland.

This ambivalence lies in the fact that although Monaco is independent, a sovereign state with its own head of state, its own constitution, its own government, and it makes its own laws, it is closely aligned with French interests, particularly at the diplomatic level. Monaco’s foreign affairs are closely coordinated with Paris . Some agreements stipulate that Monaco must align its foreign policy with that of France in certain cases. Although it has its own embassies and signs its own treaties, thus having its own diplomatic service, Monaco relies on the French diplomatic network for certain procedures. Its embassies are often shared with those of France . France retains an indirect right of oversight in certain international decisions made by Monaco, notably dynastic succession.

On the military front, Monaco does not have its own army. France is responsible for its defense , under bilateral agreements. This does not mean permanent military control, but a commitment to protect Monaco if necessary.

Monetarily, Monaco has replaced the Monegasque franc with the euro , under an agreement with the EU (even though it is not a member of the EU) negotiated by… France. Monegasque companies are integrated into the French economic system (VAT, customs duties, etc.). Tax and customs laws are largely harmonized with those of France . French residents of Monaco are (with some exceptions) taxed as if they lived in France.

In judicial and internal security matters, even if some cooperation exists with France, Monaco has its own justice system and its own police force . Monaco is a sovereign state with its own judicial system . There is a Court of First Instance , a Court of Appeal , a Court of Revision , and a Supreme Court (competent in particular for constitutional and administrative disputes). Monegasque laws are specific, even if some are inspired by French law. The Ministry of State (the head of the Monegasque government) oversees the general functioning of justice. Monaco’s laws are not subject to the French Constitutional Council as we request for New Caledonia. This role is played, in Monaco, by the Supreme Court. It can annul a law or an administrative act that violates the Constitution or fundamental rights. This court therefore has a role equivalent to the French Constitutional Council , but limited to Monaco. The French Constitutional Council has no power over Monaco . On the other hand, France can, according to bilateral treaties, exert diplomatic pressure if a Monegasque law contravenes certain international commitments or Franco-Monegasque conventions – but not as a constitutional authority.

The Sûreté publique is Monaco’s police force. It reports to the Department of the Interior. It comprises several divisions: judicial police, public security, traffic, maritime and port police, etc. There is a strong police presence in Monaco, with one of the highest police density in Europe. It cooperates with French law enforcement agencies, notably the Border Police (PAF), as Monaco does not have an international airport (Nice airport is used) and is part of the Schengen area, although not officially. Under bilateral treaties, France sometimes provides assistance, particularly in certain complex legal cases or in security matters (serious crime, extradition, etc.). However, Monaco remains independent in its judicial and police decisions.

Thus, with almost complete independence of its justice and police, some might call Monaco a disguised federated state . If we associate monetary competence with it, we are then moving more towards a sort of protectorate . It should be remembered here that Monaco, as a sovereign and independent state, is not integrated as such into the French Constitution. Relations between France and Monaco are governed by bilateral treaties. Monaco is protected by France, but is not an integral part of the French Republic.

However, although it has its own sovereignty, this is in reality only superficial. The principality has real internal autonomy but is totally dependent on its external sovereignty. This situation is historical.

As a reminder, Monaco, founded in the 13th and 14th centuries by the Grimaldi, in order to protect itself from the appetite of its close neighbors (France and Italy), remained under the protection of Spain. In the 17th century , the Monegasque sovereign, considering the Spanish presence too oppressive, decided to appeal to France and placed himself under French protectorate with the Treaty of Péronne. France therefore considered the Monegasque territory as French. During the Revolution, France annexed the principality which became the Fort d’Hercule which was integrated into the Alpes-Maritimes department. It was reestablished in 1814, with the fall of Napoleon I when the European powers redrew the map of Europe. Monaco then came under the protection of the Kingdom of Sardinia (Italy) . France intended to recover this territory and in gratitude for the support given to the unification of Italy, it received the County of Nice, which until then was Italian, bordering the Monegasque territory. Taking advantage of the discontent of the population of the communes of Roquebrune and Menton, which make up the principality of Monaco, France organized a referendum to consult the inhabitants in order to become French. An overwhelming majority of the population was in favor, even if the vote was contested by some Italians like Garibaldi. 90% of the Monegasque territory then became French during the Franco-Monegasque agreement of 1861 which certainly fully recognized the independence of Monaco, the latter nevertheless lost almost all of its territory. At the end of the First World War in 1918, following a succession crisis in Monaco (no direct male heir), a new Franco-Monegasque treaty tightened France’s grip on the Rock. France obtained a right of oversight over the Monegasque succession . Monaco committed to never ceding its sovereignty to a foreign power without the agreement of France . Monaco’s foreign affairs were closely coordinated with Paris . Result: Monaco remains independent , but becomes closely aligned with French interests , particularly diplomatic ones. During the Second World War, Monaco was occupied successively by the Italians (1942) and then the Germans (1943). The regime of Prince Louis II had Pétainist sympathies, which created tensions with Gaullist France at the Liberation. After the war, de Gaulle and the provisional government criticized Monaco for its ambiguous attitude , its lack of commitment to the Resistance, and the protection found there for certain collaborators or tax evaders. In 1945-1946 ,France suspended certain customs agreements and exerted significant diplomatic pressure on the principality. De Gaulle is said to have suggested , in a more or less veiled manner, that Monaco’s sovereignty could be called into question if the regime did not evolve towards a clearer alignment with French republican values.

Thus, for several centuries, in order to endure and survive, the principality of Monaco will experience many times a protectorate status which remains for some still today the case in its relationship with France.

The history of the Principality of Monaco also demonstrates that a small State wishing to retain its sovereignty must inexorably place itself under the protection of a more powerful one and that if the latter were to be taken away from it, only a situation of weakness of the oppressor and an alliance of other States against this oppressor would allow the small State to recover its independence, something that New Caledonia does not benefit from today, except on the diplomatic level, in other words nothing.

Although the specific status of Monaco is evolving backwards, gradually moving from an independent state (5) to a protectorate (4) or even a state currently federated or associated non-sovereign (3) with the French state , it does indeed seem more interesting, as François Roux points out, compared to the current status of New Caledonia, whose Matignon and Noumea agreements have only allowed greater decentralization within an increasingly unitary state (1), and the draft Bougival agreement potentially directs the future Caledonian state towards a hybrid regional state (2), which no one wants.

The association doubts that the State will move towards a Monegasque-style status for New Caledonia . On the contrary, it is attempting to centralize and increasingly direct the principality, even in its daily life. Monegasques speak French. Until 2023, the relative majority of residents were French. Many civil servants are seconded by France more or less legally (see the Sarkozy wiretapping affair — Wikipedia ). The position of the Principality of Monaco, attached to a unitary state, is thus less enviable than its counterpart, Liechtenstein, surrounded by federal-type countries, which is for its part truly sovereign despite having close relations with Switzerland.

We wish you a good read and remind you that federalism is the only solution to reconcile unity in diversity.