30
Aug
2024
Legal overview
Criminal law
International and European law
Property and construction law
Insurance law
Civil law
Family law
Intellectual property law
Personal data
Public law
Compliance
2024
Legal overview
Criminal law — International and European law — Property and construction law — Insurance law — Civil law — Family law — Intellectual property law — Personal data — Public law — Compliance
Monthly Legal Overview (August 2024)
99 AVOCATS is pleased to offer you a selection of Monaco legal news for the month of August (texts published in the Journal de Monaco, legislative work) and its publications.
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TEXTS PUBLISHED IN THE JOURNAL DE MONACO
REAL ESTATE
◾Regulation of the activity of property trader: regulatory text implementing Law no. 1.560 of 2 July 2024
Sovereign Order no. 10.745 of 5 August 2024 (JDM no. 8708 of 16 August 2024) implements Law no. 1.560 of 2 July 2024 concerning the financial guarantee allocated to the payment of all or part of the registration duty in the event of default, the professional indemnity insurance policy, and the property's compliance with the electrical and energy standards in force.
INTELLECTUAL PROPERTY
◾Equitable remuneration of authors and holders of related rights for the recording of works and television broadcasts
Ministerial Order no. 2024-470 of 9 August 2024 (JDM no. 8708 of 16 August 2024) sets the scales of equitable remuneration due to authors/copyright holders and holders of related rights for the recording of works and broadcasts (collected by SACEM MONACO), in return for the private copy exception.
CRIMINAL
◾Community service ("travail d'intérêt général"-"TIG"): scheme and authorisation to accommodate sentenced persons
Order no. 2024-27 of 20 August 2024 from the Secretary of State for Justice, Director of Judicial Services (JDM no. 8709 of 23 August 2024) authorises the Société Monégasque d'Assainissement (SMA) to take in people sentenced to community service. This is an opportunity to look back at the community service scheme that has been in force in Monaco since 2020.
JUSTICE
◾Appointment of the Secretary of State for Justice, Director of Judicial Services and President of the Council of State
Mr Samuel VUELTA SIMON, Public Prosecutor at the Toulouse Judicial Court ("Procureur de la République près le Tribunal judiciaire de Toulouse"), is appointed "Secrétaire d’État à la Justice, Directeur des Services Judiciaires et Président du Conseil d’État" (equivalent to the Minister for Justice) with effect from 16 September 2024 by Sovereign Order no. 10.806 of 30 August 2024 (JDM no. 8710 of 30 August 2024). He succeeds Mrs Sylvie PETIT-LECLAIR.
LIBERAL PROFESSION
◾Association between nurses ("infirmiers") now regulated
Sovereign Order no. 10.730 of 27 July 2024 (JDM no. 8706 of 2 August 2024) regulates the association of a nurse authorised by ministerial decree to practise his profession on a self-employed basis (holder /"titulaire") with one or two nurses (associates /"associés").
URBANISM
◾Modification of the Town Planning Regulations ("Réglement d'urbanisme") for the "quartiers ordonnancés" sector
Sovereign Order no. 10.743 of 5 August 2024 (JDM no. 8708 of 16 August 2024) amends the provisions of Sovereign Order no. 4.482 of 13 September 2013 concerning the Condamine (Annex 4), Fontvieille (Annex 5), the Moneghetti (Annex 8) and La Rousse (Annex 10).
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OTHER PUBLICATIONS
CASE LAW • ECHR
◾Overview of ECHR decisions and judgments concerning Monaco (2024)
In the first half of 2024, the European Court of Human Rights ruled on four cases concerning Monaco, in the fields of family law (divorce and children), private international law (international succession), justice (secondment of a judge) and criminal procedure (investigation).
PERSONAL DATA PROTECTION
◾Contribution for the International Network of Privacy Law Professionals (INPLP)
Our article is devoted to the positions of principle of the Commission de Contrôle des Informations Nominatives (CCIN) formulated in the context of complaints or requests for authorisation to implement data processing in the context of the fight against money laundering and the financing of terrorism (AML/CFT) in 2023, as well as its recommendations and practical information published during the first quarter of 2024.
CIVIL PROCEDURE
◾Contribution on freezing orders in Monaco
Our contribution to Eversheds Sutherland's Global Freezing Order Guide focuses on the regime and procedural arrangements for freezing orders in Monaco ("saisie conservatoire").
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LEGISLATIVE WORK
SECURITY
◾Submission of Bill no. 1099 amending Law no. 1.283 of 7 June 2004 on the organisation of Civil Security
Bill no. 1099, tabled on 31 July 2024, redefines the main guidelines and objectives of civil security in the Principality, with the new inter-ministerial GEVIM plan, and clarifies the distinction between acts falling within the scope of civil security and those falling within the scope of national security.
HEALTH
◾Submission of Bill 1098 amending Law no. 1.516 of 23 December 2021 on non-conventional practices contributing to well being
Bill no. 1098, tabled on 31 July 2024, responds to difficulties that have arisen during the examination of applications for authorisation, such as voluntary practice and practice on a one-off or occasional basis when the needs of the Principality's population are not met for the non-conventional practice concerned.
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Other publications