Open Records Laws › Monaco

Monaco

Ordonnance Souveraine n. 3.413 du 29 août 2011

Ordonnance Souveraine n. 3.413 du 29 août 2011 (Sovereign Ordinance No. 3.413 on Administrative Relations)

RTI Rating: 45 (source)

Response Timeline

Initial Response
120 days
Residency Required
None

Authorities have 4 months (approximately 120 days) to respond. Calculated as calendar days. Failure to respond within this period means the request is deemed rejected.

How to Submit a Request

Accepted Methods

  • {'notes': "Service des archives du Gouvernement, Ministère d'État, Place de la Visitation, MC 98000 Monaco", 'method': 'mail'}
  • {'notes': 'Via government contact portal', 'method': 'email'}

Requests must be submitted in writing to the relevant administrative authority. Requester must demonstrate "intérêt légitime" (legitimate interest). Note: this is a sovereign ordinance (executive decree), not a statute passed by legislature.

Required Elements

  • Written request
  • Identification of specific administrative document sought
  • Demonstration of legitimate interest

Fees

Consultation of administrative documents is free. Copies are provided at the requester's expense, subject to technical capabilities and document preservation requirements (Articles 25 and 39). No specific fee schedule established.

Exemptions

  • Overly Broad Requests
    Requests that are too general or too imprecise
  • Abusive Requests
    Requests that are abusive, particularly by their number or repetitive character
  • Government Deliberation Secrecy
    Documents whose disclosure would harm the secrecy of government deliberations
  • Foreign Policy
    Documents whose disclosure would harm the conduct of foreign policy
  • State Security
    Documents whose disclosure would harm state security, public safety, or the safety of persons
  • Public Credit and Currency
    Documents whose disclosure would harm public credit and currency
  • Judicial Proceedings
    Documents whose disclosure would harm judicial proceedings or preliminary operations
  • Criminal/Administrative Investigations
    Documents whose disclosure would harm investigations seeking criminal or administrative sanctions
  • Privacy and Professional Secrecy
    Documents whose disclosure would violate privacy, medical confidentiality, or commercial/industrial/professional secrecy
  • Other Protected Interests
    Documents whose disclosure would harm other interests protected by law
  • Preparatory Documents
    Personal notes, drafts, and documents of a preparatory nature
  • Archived Documents
    Minister of State may restrict access to archived documents when a legitimate public or private interest opposes communication

Article 24 establishes broad discretionary exemptions for harm-based refusals. Article 26 requires motivated refusals. Article 25 allows for partial disclosure with redactions. The framework provides significant discretion to authorities.

Appeal Process

1

1

2

2

3

3

Three-tier appeal system: (1) administrative appeal to Minister of State, (2) optional mediation via High Commissioner (non-binding), (3) judicial review by Supreme Court. Silence after 4 months = implicit refusal. Supreme Court appeals require legal representation.

Sources & References