03
May
2023
Legal overview
Banking and financial law
Companies and taxation
Criminal law
International and European law
Property and construction law
IT and communication law
Public law
2023
Legal overview
Banking and financial law — Companies and taxation — Criminal law — International and European law — Property and construction law — IT and communication law — Public law
Monthly Legal Overview (April 2023)
99 Avocats associés proposes a selection of legal news in Monaco in April 2023.
* * *
PUBLIC • SOCIAL
Creation of the Caisse Monégasque de Retraite Complémentaire (CMRC) for private sector employees - Law published
Last month's most widely reported news item was the establishment of the Caisse Monégasque de Retraite Complémentaire (CRMC) [Monegasque supplementary retirement pension Fund] brought about by Law No. 1.544 of 20 April 2023 (JDM n° 8640 of 28 April 2023).
As it stands, private sector employees working on Monegasque territory contribute to the French supplementary pension scheme AGIRC ARRCO.
Only Articles 1 to 6 of Law No. 1.544 (status, composition and management of the CMRC) have entered into force immediately.
The entry into force of the other articles (Monegasque supplementary retirement pension, contributions, punishable offences, transfer to CMRC of rights acquired as a result of salaried activity in Monaco with the French institutions AGIRC ARRCO) is set for 1 January 2024.
* * *
PUBLIC • HEALTH • COMPANY
End of exceptional provisions applicable to assemblies and meetings of collegiate administrative, supervisory and management bodies
The Ministerial Decision of 25 April 2023 (JDM No. 8640 of 28 April 2023) repealed as from 1 May 2023 the Ministerial Decision of 18 February 2021 which governed the application of the exceptional provisions of Articles 16 to 21 of Law No. 1.488 of 11 May 2020 on various measures to deal with the COVID-19 epidemic, to the assemblies and meetings of the collegiate administrative, supervisory and management bodies (adaptation of the rules on convening, participation and deliberation).
Lifting the vaccination requirement for health care workers
Ministerial Order No. 2023-224 of 18 April 2023 (JDM No. 8640 of 28 April 2023) repealed Ministerial Order No. 2021-667 of 15 October 2021 implementing Law No. 1.509 of 20 September 2021 on the obligation to vaccinate certain categories of people against COVID-19, which defined the complete vaccination schedule and the conditions for justifying it.
* * *
BANKING • PROPERTY
Usury rate for property loans to individuals revised upwards
Sovereign Order No. 9.866 of 19 April 2023 (JDM No. 8640 of 28 April 2023) raised the usury rate for home loans to individuals from 2.13% to 3.44% (the rest unchanged).
* * *
INTERNATIONAL • PUBLIC • IT • CRIMINAL
Monaco's Sovereign Cloud "twin" in Luxembourg - Laws published
Law No. 1.545 of 20 April 2023 (JDM No. 8640 of 28 April 2023) approves the ratification of the Agreement between the Grand Duchy of Luxembourg and the Principality of Monaco concerning the hosting of data and information systems (held by Monaco in Luxembourg) signed on 15 July 2021. The bilateral agreement ensures the inviolability and immunity of the Principality's property.
Law No. 1.546 of 20 April 2023 (JDM No. 8640 of 28 April 2023) amends Articles 7 (new number 4) and 8 (new number 4) of the Code of Criminal Procedure in order to expressly confer jurisdiction on the Monegasque courts to prosecute, judge and punish acts of technological crime that are committed to the detriment of the data centre located abroad.
* * *
PUBLIC • HEALTH
Amendment to the list of non-conventional practices contributing to well-being (withdrawal)
Law No. 1.516 of 23 December 2021 (JDM no. 8572 of 7 January 2022) provides a framework for treatment practices that are not scientifically recognised by conventional medicine.
Ministerial Order No. 2023-235 of 20 April 2023 (JDM No. 8640 of 28 April 2023) withdrew "modelling" from the list of non-conventional practices involved in wellness that may be practised in Monaco, as set out by Ministerial Order No. 2022-722 of 14 December 2022. Following this withdrawal, these practices are as follows: art therapy, fire cutting, animal mediation, meditation, reflexology, reiki, shiatsu, sophrology.
This list, which is revised annually, is established on the basis of objective criteria to ensure the protection and safety of individuals, taking into account the level of risk to physical, psychological or mental health.
* * *
PUBLIC
Increase in the basic salary of state and municipal civil servants
Ministerial Order No. 2023-219 of 14 April 2023 (JDM n° 8639 of 21 April 2023) increased the basic indexed salary for index 100 (Article 29 of Law No. 975 of 12 July 1975 on the status of the State's civil servants and Article 27 of Law No. 1. 096 of 7 August 1986 on the status of the Commune's civil servants) to the annual sum of €7,825.85 since 1 April 2023 (compared to €7,710.20 from 1 September 2022 to 31 March 2023).
Modification of the conditions for postponement of maternity leave for civil servants and state employees
Ministerial Order No. 2023-212 of 11 April 2023 (JDM No. 8639 of 21 April 2023) amended Ministerial Order No. 2019-558 of 2 July 2019 setting the duration of maternity leave for civil servants and State employees (18 weeks, including prenatal leave of 8 weeks before the presumed date of delivery and postnatal leave of 10 weeks after the presumed date of delivery).
With regard to the possibility of carrying over prenatal leave to postnatal leave (on the advice of the attending physician), the 2-year seniority requirement has been removed.
With regard to the possibility of carrying over postnatal leave to prenatal leave, multiple pregnancies are now taken into account.
Official population of Monaco for the year 2022
Ministerial Order No. 2023-220 of 18 April 2023 (JDM No. 8639 of 21 April 2023) updated the official population figure for the Principality of Monaco, which has fallen slightly to 39,050 for the year 2022.
It stood at 39,150 in 2021, 38,350 in 2020 and 38,100 in 2019.
* * *
CRIMINAL • PROCEDURE
New criminal procedure provisions in force since 1 May 2023
We draw attention to the new provisions of the Code of Criminal Procedure introduced by Laws No. 1.533 and No. 1.534 of 9 December 2022, which came into force on 1 May 2023, concerning :
- constitution of civil (injured) party;
- preliminary investigation;
- investigation;
- special procedure applicable to the prosecution, investigation and judgment of offences committed by legal persons;
- appeal for review.
* * *
INTERNATIONAL • COMPLIANCE
New Bill (Part I) on the fight against money laundering, the financing of terrorism and proliferation of weapons of mass destruction
The Government bill No. 1077 (Part I) deposited on the Bureau of the National Council on 12 April 2023 aims to transcribe the recommendations of the 5th Mutual Evaluation Report of the MONEYVAL Committee published on 23 January 2023 on the measures implemented by the Principality of Monaco to combat money laundering, financing of terrorism and proliferation of weapons of mass destruction.
Monaco's situation will be reviewed again by the FATF and the Council of Europe in 2024.
* * *
IT • PERSONAL DATA
Announcement of the transformation into a Government bill of the parliamentary bill No. 255 modifying various provisions in the digital field
On 14 April, the Government informed the National Council that it was in favour of transforming the parliamentary bill no. 255 adopted on 7 December 2022 into a Government bill to be tabled by 2 June 2024 (with possible amendments).
The proposed legislative development in the digital field aims at :
- the authentication of avatars of a metaverse ;
- the new "remote identity verification service";
- the integration of the notion of "oracle on distributed registry technology";
- the modification of the scope of data intermediation services.
Other publications