Chapter I. General Dispositions

Article 1.

The Public Force is at Our service. It is composed of two service branches: the Company of the Princely Guards and the Brigade of the Princely Firefighters.

The Company of the Princely Guards, created by this sovereign ordinance, have for mission:

– To attend to Our safety and the safety of the Sovereign Family, to ensure the guard of the Princely Palace, of its dependencies and of Our properties and residencies and to provide Us the honorific services;

– To attend to the execution of the laws and to participate in the maintain of the public order;

– To execute the missions ordered by Us.

The Brigade of the Princely Firefighters, created by this sovereign ordinance, have for mission:

– To ensure the service of firefighting, of general safety and emergency in the Principality;

– To lend its help in the maintain of the public order.

Article 2.

The present statute is applied to service members of career and to service members serving under contract that exercise their functions in the Company of the Princely Guards or the Brigade of the Princely Firefighters.

It also has for object to give to the people choosing the state of the Public Force, the correlated guarantees to the particular obligations of this state and to foreseen compensations to the constraints and exigencies that are implied in the service of the Public Force.

Article 3.

The hierarchy in the Public Force comprises of:

1. Enlisted service members:

– Guard or Firefighter of second or first class;

– Corporal or Brigadier;

– Corporal Chief or Brigadier Chief.

2. Non commissioned officers:

– Sergeant

– Sergeant Chief

– Sergeant Major

3. Senior non commissioned officers:

– Adjutant;

– Adjutant chief.

4. Cadet officers:

– Assistant.

5. Officers:

– Second Lieutenant;

– Lieutenant;

– Captain.

6. Senior officers:

– Major;

– Lieutenant Colonel;

– Colonel.

Article 4.

Are service members of career:

1. Senior officers and officers;

2. Non commissioned officers admitted in this quality that request it and that fulfill the following conditions:

a) Having accomplished at least ten years of service in the Public Force, with at least two as non commissioned officer;

b) Having satisfied to the control of the requested aptitudes.

Article 5.

Are service members under contract:

1. Non commissioned officers not service members of career;

2. Enlisted service members.

Are called:

1. Engaged service members, those who execute their first contract, of a duration of two years;

2. Re-engaged service members, those who execute following contracts, of a duration of two years, until the age of fifty;

3. Commissioned service members, those who execute contracts, of a duration of one year, between the ages of fifty and fifty-five.

Article 6.

Every service members of the Public Force are placed in a statutory situation of public right.

Article 7.

Under Our authority, the Commandant of the Public Force, who is the senior officer of the highest grade, is charged, under reservations of the powers of Our Minister of State, of the application of the present statute.

Chapter II. Rights and obligations

Article 8.

Service members of the Public Force must observe in every cases a strict political neutrality and abstain, either for their own account, either for the account of any physical or moral person, of any proceeding, activity or manifestation incompatible with the rigorous discretion and reserve that implies the state of the Public Force.

Article 9.

Service members can adhere to any non-profit group at the condition to declare to the authority of the Public Force of this adhesion and, if applicable, of the responsibilities that are taken. This authority can request that they renounce to exercise these responsibilities or to resign from the group in cases of manifest incompatibility with the service of the Public Force.

Article 10.

Service members must obey the orders of their superiors and are responsible of the missions that are given to them. They can be called to serve anytime and anywhere.

They cannot however be ordered and they cannot accomplish acts which would be contrary to the laws or regulations or which would constitute crimes or misdeamenors.

The proper responsibility of subordinates does not relieve superiors of any of their responsibilities.

Article 11.

Service members are obliged to occupy the official residencies which are put at their disposal. They must leave the premises when they cease to be service members.

Article 12.

Regardless of their position, service members cannot have, by themselves or by intermediary people and under any name, interests of such nature as to compromise their independence in any enterprise subject to the control of the service branch to which they belong or in direct relation with it.

Service members cannot exercise any lucrative activity. If the spouse of a service member wishes to accomplish such an activity, declaration must be made to the authority of the Public Force which can prescribe proper measures safeguarding the interests of the State and the dignity of the public service.

Service members cannot take any part in activities of for-profit societies, groups or associations, whether such participation is remunerated or given for free. This interdiction does not concern the participations that service members can take personally in the capital of these societies, groups or associations.

Article 13.

Notwithstanding the regulations instituted by the Penal Code in matters of professional secrecy, service members are bound by the obligation of professional discretion for all that concerns facts and informations of which they have knowledge in the exercise or in the occasion of the exercise of their functions.

Any misappropriation, any communication contrary to the regulations, of pieces or service documents to third parties is strictly forbidden.

A service member can be released from this obligation of discretion or relieved of the interdiction foreseen in the preceding paragraph only with the authorization of the authority of the Public Force.

Article 14.

Every fault committed by a service member in the exercise or in the occasion of the exercise of their functions exposes them either to statutory sanctions either to disciplinary punishment, without prejudice, if applicable, of penalties foreseen by the law.

Article 15.

The individual dossier of each service member must contain all interesting pieces pertaining to its administrative situation, numbered and classified without discontinuity. No mention stating the state of political, philosophical or religious opinions of the interested can appear in the dossier.

Article 16.

The State is obliged to protect the service member against all threats, offenses, insults, defamations or attacks of any nature of which they can be the object in the exercise of their functions and to compensate, if necessary, any prejudice suffered.

The State is, to this effect, subrogated to the rights of the victim to obtain from the authors of the threats, offenses, insults, defamations or attacks, the restitution of indemnities that it may have paid by way of reparation; it also has, for the same purposes, a direct action that it may bring by way of a civil action before the penal jurisdiction.

Article 17.

Service members are, in what concerns their civil responsibility, regulated by the dispositions of the law no. 12 of 29 November 2022.

In the case where an action in civil responsibility is intended by a third party against a service member, they will be covered by the State for all expenses that result from this action if they are not held personally responsible of any fault.

Chapter III. Recruitment

Article 18.

No one may be admitted to serve in quality of service member of the Public Force:

1. If they have been deprived of their civil or political rights;

2. If they are not of good morality;

3. If they do not fulfill the conditions of physical and mental aptitudes which, determined by the authority of the Public Force and approved by Us, are requested for the exercise of the function.

Article 19.

Service members are recruited among voluntary people who, along with the conditions prescribed in the previous article, fulfill the following conditions:

1. Be a citizen of Sancratosian residency;

2. Be mature of sixteen years completed.

Article 20.

Non commissioned officers are recruited:

1. By way of advancement among the enlisted service members.

Article 21.

Officers are recruited:

1. Either in application with international conventions;

2. Either by choice among the non commissioned officers possessing the titles or the aptitudes requested by the authority of the Public Force with Our approbation.

Article 22.

The engagement of service members under contract can happen only with Our approbation. The contract is signed by Our Minister of State.

The admission in quality of service member of career is promulgated by sovereign ordinance.

The service member that is admitted to serve must, before entering in function, swear the oath prescribed by law no. 4 of 13 January 2022.

Chapter IV. Remuneration and social benefits

Article 23.

Service members of the Public Force have the right, after completion of service, to a remuneration which comports a pay, diverse indemnities, benefits in nature, notably a free official residence, a clothing allowance and, if applicable, exceptional indemnities justified by reasons of service.

The pay corresponds to the grade of the service member and to class or echelon of which they attain.

The grades of the Public Force are hierarchically classified in incidental treatment scales in the same conditions of public service members of the State.

Article 24.

Remunerations of service members of the Public Force vary in the same proportions of those of public service members of the State. They are also function of the modifications that can affect, in all or in part, the incidental treatment scales.

Article 25.

Service members have the right or shall give right for the benefit of their dependants, in the same conditions of public service members of the State:

1. To have familial allowances and social benefits;

2. To have medical, pharmaceutical and surgical allowances;

3. To have death allowance;

4. To have a retirement pension and, if applicable, an invalidity pension.

The rights to allowances prescribes at preceding numbers 1 and 2 is maintained to service members after their retirement in the same conditions of public service members of the State.

Article 26.

For the application of the regime of medical, pharmaceutical and surgical allowances, the authority of the Public Force has at its disposal the medical council of the State.

Article 27.

Service members must be submitted to a periodical medical control which has for object, with the means of a in-depth annual exam, to watch over their health status, to establish that they remain medically apt to accomplish their functions and to find, if applicable, if they are suffering from pathological conditions, in particular contagious conditions or conditions dangerous to third parties.

Chapter V. Notation and Advancement

Article 28.

Each year hierarchical superiors must attribute to each of the service members under their orders a numbered notation and bring a motivated appreciation of their performance.

The hierarchical superiors must make it known to their subordinates of their notations and appreciations.

Article 29.

The advancement of service members includes the advancement of class or echelon and the advancement of grade.

The advancement of class or echelon happens continuously and considering the length of service required to access to a higher class or echelon. However, the notation and the appreciation can have for effect to reduce or augment these durations.

The advancement of grade happens by choice or following an exam of which the modalities are fixed by the authority of the Public Force. The nomination within a grade is subordinated to the inscription to an advancement board dressed at the occasion of any vacancy in the considered grade.

Article 30.

The service member acceding to a higher grade received the pay and indemnities associated to the class or echelon which is attributed to them by the decision of the promotion in the new grade.

By default, the interest is placed by office in the incidental class or echelon corresponding to the new grade of which is equal or immediately superior to that of their previous class or previous echelon; in this case, the maximal duration of services required for the advancement of class or echelon is reduced by half.

Chapter VI. Discipline

Section I. Statutory sanctions

Paragraph 1. Sanctions applicable to service members of career

Article 31.

The statutory sanctions are:

1. The delay in the advancement of class or echelon;

2. The downgrading of class or echelon;

3. The radiation from the advancement board;

4. The retrogradation;

5. The revocation.

Paragraph 2. Sanctions applicable to service members under contract

Article 32.

The statutory sanctions are:

1. The delay in the advancement of class or echelon;

2. The radiation from the advancement board;

3. The dismissal from first to second class;

4. The retrogradation;

5. The annulment;

6. The revocation of the contract.

Paragraph 3. Disciplinary procedure

Article 33.

When a fault is imputed to an officer or to a senior non commissioned officer, they are deferred to an enquiry council.

If the fault is imputed to junior non commissioned officer or to an enlisted service member, they appear before a disciplinary council.

The appearance is ordered by the Commandant of the Public Force who designate the service members called to appear, fix the date of appearance and notify every interested service member, inviting them to take possession of their file and all pieces and documents relating to the case.

The person appearing must have at least fifteen days to present their defense.

They can, before the council, present written or oral observations, call witnesses and be assisted by the rapporteur.

The composition of the enquiry council and the disciplinary council is fixed by the regulations of general discipline prescribed at article 37.

Article 34.

The statutory sanctions are pronounced after advice, as applicable, of the enquiry council or of the disciplinary council:

1. By Us, in which concerns the senior officers, the officers and the senior non commissioned officers;

2. By the Commandant of the Public Force, after report that is made to Us, for which concerns other service members.

The act of the revocation of the contract is signed by Our Minister of State.

Article 35.

In the case of grave fault, every service member can, before the consultation of the enquiry council or of the disciplinary council, be immediately suspended by Our Minister of State on proposition of the Commandant of the Public Force.

The decision must, either precise if the interest preserves, for the duration of their suspension, the benefits of their remuneration, either determine the amount of the retained pay that they are subjected to, which cannot be superior to half of the remuneration.

The situation of the suspended service member must be definitively regulated in a delay of four months from the day where the decision of suspension has taken effect.

If the service member has not received a statutory sanction or if, at the end of these four months, no decision has been taken in their regard, the interested has the right to a reimbursement of the retained pay operated on their remuneration.

However, in the case of penal procedures, the rights of remuneration are definitely stopped only after the decision given by the concerned jurisdiction has become definitive.

Article 36.

The measure of suspension prescribed in the previous article does not concerns the suspension of the allowances and social benefits mentioned in article 25.

Section II. Disciplinary punishments

Article 37.

The disciplinary punishments are enumerated by the regulations of general discipline which determines the conditions under which they must be pronounced.

They can be cumulated with statutory sanctions. The regulations of general discipline is fixed by Us on the report of the Commandant of the Public Force.

Article 38.

Every disciplinary punishment is the object of a hierarchical control to verify if it is justified.

Article 39.

Any service member may claim, before their superior and then before the authority of the Public Force, against disciplinary punishments.

Manifestations and collective petitions are forbidden.

Chapter VII. Positions

Article 40.

Every service member is place in one of the following positions:

1. The activity;

2. The availability, for service members of career;

3. The suspension of contract, for every other service members.

Section I. Activity

Article 41.

The activity is the position of the service member who exercise their function belonging to their grade.

The service member however remains in this position when they are:

1. In administrative leave or in permission;

2. In exceptional leave in the interest of the service;

3. In sick leave for a duration inferior to six months.

Article 42.

Service members who do not have the grade of officer and that are in the following situation:

– Either in sick leave for a period superior of six months;

– Either in sick leave for long sickness;

– Either in long-term sick leave,

can be replaced in their functions by the application of normal rules of advancement; the vacancy therefore created among the enlisted service members can be filled to the limit of five percent of their strength.

Section II. Availability and suspension of contract

Paragraph 1. Availability

Article 43.

The availability is the position of the service member of career who, placed outside of the Public Force, cease to benefit from the rights and advantages of the present statute, but continues to be in official residence.

It can pronounced on demand or by office.

Article 44.

The availability on demand of the interested service member can be pronounced by the authority of the Public Force with Our approbation for a duration of three months, susceptible to be renewed in a duration limited to one year, when it is requested either because of a sickness or a grave accident of a spouse or a child, either for personal reasons.

Article 45.

The authority of the Public Force can, at any moment, proceed with necessary enquiries with the objective to ensure that the activity of the service member in availability corresponds truly to the motives for which they have been put in this position.

Article 46.

The availability by office can be pronounced by the authority of the Public Force for a single period of a duration limited to twelve months, when, because of its health status, the service member cannot take back their functions at the expiration of one of their sick leave, without having to be retired by office for invalidity; it is the same if a service member who has taken back their function is constrained to cease them on the account of the same sickness.

The interested service member receives, for a maximal duration of six months, an allowance equivalent to half of their last remuneration.

Article 47.

The availability does not contravene to the dispositions relative to the discipline. It is revocable when the conditions at which it is pronounced ceases to be met.

Article 48.

The service member in availability must request its reintegration at least one month before the expiration of the current period of availability.

The integration is of right in the previous functions or, in case of impossibility, in the vacant functions corresponding to the grade of the interested. If there are no vacancies, the reintegration is made in temporary surplus.

Article 49.

The service member who, after a formal notice left without answer during fifteen day, has not requested its reintegration at the expiration of the period of availability can be, either revoked if they do not satisfy to the conditions to be admitted to the benefit of the legislation on the retirement pensions that are applied to them, either put in retirement if they satisfy to the conditions.

Article 50.

The service member in availability who, at the moment of their reintegration, refuses the functions assigned to them, can be revoked or put in retirement by office.

Paragraph 2. Suspension of contract

Article 51.

Every service member under contract can obtain that the execution of this contract can be suspended for one of the motives prescribes in articles 44 and 45 and in the conditions that they prescribe.

The service member to which the suspension of contract is granted cease to benefit from the rights and advantages of the present statute, but continues to be lodged.

When the suspension intervenes because of the health status of the service member, the contract is prolongated for a period of an equal duration to that of the suspension.

Article 52.

Articles 46 to 60 are applicable to the suspension of contract.

Chapter VIII. Leaves

Section I. Leaves and Permissions

Article 53.

Under reserve of the imperatives of service, the service member benefits, during each civil year, of an administrative leave of a minimal duration of thirty-seven days.

Article 54.

The service member can obtain, in the interest of the service, of exceptional leaves, with pay, of a maximal duration of six months.

Article 55.

The service member can benefit of permissions that are granted on their demand, taking into consideration to serve and the necessities of the service. They can either be of short duration and deductible from annual leaves, either be of exceptional character because of familial obligations and not deducted on their leaves.

Article 56.

The conditions under which the exceptional leaves and permissions are granted are fixed by the regulations of general discipline.

Article 57.

When the circumstances demands it, every service member in leave or in permission can be called back.

Section II. Sick leave or leave for accident in service.

Paragraph 1. Sick leave

Article 58.

When they are put in the temporary impossibility to exercise their functions following a sickness, dully noted, the service member is in right of leave.

Their pay is maintained during the three first months of leave, of a maximal duration of six months; it is reduced by half during the three following months.

If, at the expiration of this period of six months, the interested is not in capacity to retake the exercise of their functions, they can, on proposition of the medical council, be maintained in leave, however the duration of this new leave, during which they will continue to receive a pay reduced by half, can exceed one year.

Article 59.

The service member who, having used the totality of their rights to sick leave prescribed in the preceding article is not in capacity to retake the exercise of their functions can, on proposition of the competent medical commission, be maintained in leave, however the duration of this new leave, during which they will continue to received a pay reduced by half, can exceed two years.

Article 60.

When they are affected by an ailment duly detected, putting them in the impossibility of exercising their functions, which necessitates a treatment and an expensive and prolongated healthcare and which appears in an established list by Ministerial Decree, the service member has the right to a sick leave for a duration of a maximum of three years.

They preserve the integrity of their pay during one year ; this pay is cut in half for the following two years.

The service member who obtained a long sick leave cannot enjoy another leave of the same nature if they have not retaken the exercise of their functions during at least one year.

Article 61.

The service member who is affected by an ailment of tuberculous, cancerous, neuromuscular or mental nature is, in right, given sick leave of long duration. This leave is granted to them by periods of a maximum of one year.

The interested preserve for a duration of three years of the integrity of their pay, which is then reduced by half for the following two years.

However, if the sickness giving the right to a long sick leave is recognized to be imputable to the service, these delays are respectively brought to five and three years.

The decision is taken, in every case, on proposition of the competent medical commission.

Article 62.

If at the expiration of the sick leaves granted in application of the previous articles or if on proposition of the competent medical commission it is to be put an end on their leaves, without the need that the service member presents the required aptitude to serve in the public force they can :

– Either, on a case to case basis, be put in availability by office or be given a suspension of contract;

– Either be retired for invalidity.

However, it can be suggested to them that they be employed in another public employment that their health status would allow them to accomplish.

Paragraph 2. Leave for accident in service

Article 63.

The service member victim of an accident happening during the exercise or at the occasion of the exercise of their functions, notably during the travel, is, in right, in leave.

It is the same in case of a sickness contracted or aggravated in these conditions.

Apart from the integral reimbursement of medical bills and of funds directly engaged by the sickness or the accident, they preserve their pay:

– Either until their health status permits them to take back their service or another employment of the same pay, in which they would be recognized to be able;

– Either until they are retired for invalidity.

When the interested is affected by a permanent incapacity that does not justify their retirement for invalidity, they are allocated with a allowance of an amount calculated in the same way as a work accident, is function of the percentage of incapacity ; this allowance is additive, if applicable, with the treatment of the activity.

The decision in taken, in every case, on proposition of the competent medical commission.

Paragraph 3. Common dispositions

Article 64.

In every cases of sick leave or accident leave with or with reduction of pay, the interest preserve their right to familial, medical, pharmaceutical or surgical allowances, as well as the social benefits of which they benefit in reason of their familial situation.

The service members beneficiaries of a sick leave must submit to the controls executed by the Administration.

The times passed in sick or accident leave are taken in account for the advancement and for the calculations of the retirement allowance.

For the service member under contract, it is prolongated for a period equivalent to that of the leave.

Article 65.

The conditions of the application of the regime of the sick leave and the regulations of organization and functioning of the competent medical commissions in this matter are the ones applicable to the public service members of the State.

The representative of the public service members to the competent medical commission is replace by a service member of the Public Force designated by the Commandant of the Public Force.

Chapter IX. Cessation of functions

Section I. Service members of career

Article 66.

The definitive cessation of functions bringing the loss of the quality of service member of career result :

1. From the accepted resignation;

2. From the termination;

3. From the revocation;

4. From the admission to retirement.

Article 67.

The resignation can only result by a written demand from the service member marking its unequivocal will to leave the Public Force.

The resignation is adressed to Us by hierarchical way. It is accepted by Sovereign Ordinance.

The resignation take effect at the date fixed by the notification of acceptation addressed to the service member.

The service member who ceases their functions before said date may be the object of statutory sanction. If they are eligible for an allowance, they can be refrained from the first three monthly payments that are done in this capacity, to the concurrence of one fifth of this allowance.

Article 68.

The acceptation of the resignation renders it irrevocable. The resignation does not refrain the exercise of disciplinary action in reason of facts that would not have been revealed to the authority of the Public Force before its acceptation.

Article 69.

The service member who, during the annual control of technical knowledge and physical aptitude does not attain the minimum level fixed by the authority of the Public Force is admitted to retirement if they fulfill the conditions for the immediate enjoyment of the allowances or terminated in the other case.

In the last case, they have the right of a termination indemnity equal to the three quarters of the remuneration equivalent to the last month of activities multiplied by the number of years of service validated for retirement.

The indemnity of termination is paid monthly and it cannot be more than the amount of the last remuneration received by the service member.

In the case of a service member having acquired the rights to a retirement allowance, the payments end at the date fixed for the eligibility of this allowance.

Article 70.

The service member that demonstrated, during their career of a constant devotion, can be conferred honorifics after their retirement.

The honorifics can be retired, in cases where the interested exercises an activity incompatible with the title of honorific service member or that would come in conflict with the reserve that this title imposes.

Section II. Service members under contract

Article 71.

The definitive cessation of functions bringing the loss of the quality of service member under contract result :

1. From the termination of the contract;

2. From the non renewal of the contract;

3. From the admission to retirement.

Article 72.

The contract is terminated by office, either by demand of the interested, by the Minister of State, on proposition of the Commandant of the Public Force and with Our approbation.

Article 73.1.

The contract is terminated by office by the authority of the Public Force either because of the statutory sanction foreseen at article 32, either because it is the first contract of engagement, in the following conditions :

1. At the end of the initial instruction period of three months, if the engaged interested does not present the required qualities to serve in the Public Force;

2. At the end of the period of confirmation, if the engaged interested has not given all the satisfaction and notably if they don’t have attained the technical level required.

Article 73.2.

The confirmation of the contract is pronounced by the Commandant of the Public Force, with Our approbation, at the end of the first year of service, if the engaged has given all their satisfaction and have attained the technical and physical levels required.

If these conditions are not totally accomplished, the engaged can enjoy a complementary period of confirmation of one year, renewable one time. The confirmation at three years must remain exceptional.

Article 74.

The contract can be terminated at the demand:

1. Of the engaged service member at the end of each of the periods mentioned at numbers 1 and 2 of article 73.1.

2. Of the engaged or reengaged service member for sufficient motives.

The termination comes in effect at the date fixed by the notification of acceptation addressed to the service member.

The service member which ceases their functions before said date can be the object of a statutory or administrative sanction.

Article 75.

The service member that has the desire to obtain the renewal of their contract, must ask for it during the sixth month before the end date of the contract of which their are the titular.

The demand of renewal can be refuse :

1. If the service member does not fulfill the conditions of physical and medical aptitudes required for the exercise of their function;

2. If, during the annual control of technical knowledge and physical aptitude, they have not attained the minimum level fixed by the authority of the Public Force;

3. If they have not serve in a sufficient manner;

4. If they have been of bad conduct or of doubting morality.

When it is not susceptible to be refused for one the motives mentioned in the preceding paragraph, the demand of renewal of the service member, who is however justified to receive a warning, can be agreed for a duration limited to one or two years.

Article 76.

The non renewal of a contract for a motive other than disciplinary must be the object of a two months notice. However, it can be suggested to the interested to be employed in another public service employment, under reserve of the laws and regulations in force.

Chapter X. Final Dispositions

Article 77.

The present statute enters into force from the promulgation of the sovereign ordinance.