Monthly Legal Overview / January 2023

We are pleased to propose a selection of legal news in Monaco in January 2023.

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COMPLIANCE:

Fight against money laundering and terrorist financing

The Mutual Evaluation Report of the 5th cycle (2015-2021) of Monaco, discussed and adopted at the 64th plenary meeting (5-9 December 2022) of the MONEYVAL Committee (Council of Europe), adopted in December 2022, was published last month.

According to the Report, "the effectiveness of the Monegasque AML/CFT system is mixed":

• The "most satisfactory results are achieved in the areas of FT investigations and prosecutions, the use of financial intelligence and other information, the transparency of legal persons, and the application of targeted financial sanctions".
• It concludes, however, that "results are insufficient in the areas of investigation and prosecution of ML, confiscation of proceeds of crime, and international cooperation", and that "significant improvements are required to strengthen the supervision and implementation of preventive measures".

The Principality has been placed under "enhanced monitoring".

More information

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BUSINESSES:

Extension of the exceptional provisions applicable to assemblies and meetings of collegiate administrative, supervisory and management bodies during the Covid-19 period

The Ministerial Decision of 10 January 2023 extended until 30 April 2023 inclusive the application of the Ministerial Decision of 18 February 2021 on the assemblies and meetings of the collegiate administrative, supervisory and management bodies, which was due to end on 31 January 2023.

More information

New in the RCI: teleservice, amounts for registration and issuance of copies, extracts or certificates, authorised access

Sovereign Order no. 9.614 of 15th December 2022 amended Sovereign Order no. 9.253 of 12th May 2022) Sovereign Order n° 2.853 of 22nd June 1962 implementing Act no. 721 of 27th December 1961 instituting a Trade and Industry Register (Répertoire du commerce et de l'industrie - "RCI"), as regards:

• the amounts charged for the completion of registration formalities, amendments to registrations and five-yearly declarations, as well as the issue of copies, extracts or certificates (Art. 4);
• the management of the RCII in electronic form (Art. 5) - the online purchase of a dematerialised RCI extract (Ebis), certified as the paper version and reusable, is now possible on the websitehttps://teleservice.gouv.mc/rci;
• access to the RCI by public authorities authorised by virtue of their powers (new Art. 5bis).

More information

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JUSTICE:

Judicial review of placement orders in a specialised care facility

Sovereign Order No. 9.684 of 20 January 2023 (JDM No. 8627 of 27 January 2023) provides that the judicial review of placement orders, referred to in Article 9 of Law No. 1.039 of 26 June 1981 on the placement and protection of mentally ill persons, as amended, shall take place at least twice a year.

Law No. 1.039 provides a framework for placement in a specialised care facility without the patient's consent due to a mental condition constituting a danger to himself or to others.

The President of the Court of First Instance is competent to appoint one or more psychiatrists to verify the patient's state of health and, if necessary, to revoke the placement decision.

Deputy Public Prosecutor (Substitut du Procureur Général)

The Order of the Secretary of State for Justice, Director of Judicial Services No. 2023-4 of 23 January 2023 (JDM No. 8627 of 37 January 2023) assigns Mr Maxime MAILLET, Referendary Magistrate, to the Public Prosecutor's Office as Deputy Public Prosecutor as of 30 January 2023.

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PUBLIC:

High Commissioner for European Affairs (Haut Commissaire aux Affaires Européennes)

Sovereign Order No. 9.693 of 25th January 2023 (JDM No. 8627 of 27th January 2023) appoints Mrs Isabelle COSTA as High Commissioner for European Affairs to the Minister of State.

She is in charge of pursuing discussions with the European Commission with a view to an association agreement between Monaco and the European Union.

Status of contractual agents of the State (agent contractuel)

Sovereign Order No. 9.640 of 23 December 2022 (JDM No. 8624 of 6 January 2023) sets out general provisions of a statutory nature applicable to contract agents of the State:

• General provisions: ethical obligations and principles; prevention of conflicts of interest; individual file of contract agents containing documents concerning their administrative situation; disciplinary sanctions; protection of the State; right of administrative appeal; trade union right; professional training.;
• Recruitment;
• Remuneration (including holiday allowance and end-of-year allowance);
• Evaluation of professional activity (annual);
• Social benefits (family benefits, medical benefits, disability pension, death benefit);
• Working time (overtime compensation, on-call duty, etc.);
• Teleworking;
• Part-time employment;
• Discipline;
• Leave (annual administrative leave, exceptional or special leave of absence, reclassification for physical unfitness, disability, occupational accident and illness, maternity, paternity and adoption leave, unpaid leave for family reasons);
• Change of posting;
• Termination of employment.

Permanent State posts are filled by State civil servants (fonctionnaires) (status reserved for Monegasque nationals under Law No 975, recently modernised by Law No 1.527 of 7 July 2022). It is only when no Monegasque national fulfils the conditions required to occupy these permanent posts that they may be filled by contractual agents.

Contractual agents recruited to replace, on a temporary basis, civil servants who are temporarily not performing their duties or who are performing them on a part-time basis, or to replace other agents, have the status of agent suppléant.

Contractual agents recruited to non-permanent State posts to carry out specific tasks or duties shall have the status of agent vacataire.

Status of State civil servants (fonctionnaires)

Sovereign Order No. 9.639 of 23rd December 2022 (JDM No. 8624 of 6th January 2023) amends Sovereign Order No. 6.365 of 17th August 1978 setting the conditions for application of Law No. 975 of 12th July 1975 on the status of civil servants in the State, as amended following its recent reform by Law n° 1.527 of 7th July 2022.

• Character of the functions performed in category "C" posts;
• Mobility and internal promotion: compulsory mentions of the circular issued and applications.
• Posts to be filled within the administrative services of the National Council or the Directorate of Judicial Services: selection panel;
• Procedures for recruitment through an external competition;
• Modalities of the probationary period of the trainee civil servant;
• Adaptations of the effective working time and compensatory rest;
• Arrangements for carrying over unused days of annual leave;
• Fixing the leave calendar;
• Duration of paternity leave;
• Arrangements for the secondment of an official in an active position.

Call for applications for inclusion in the register of economic operators applying for government works contracts

Applications are open to any economic operator with expertise in the field of building and public works, whether based in Monaco or abroad.

Each economic operator who is eligible, given the information they have provided, will be allocated a category according to their link with the Principality, as well as a list of government bodies for which they may be consulted.

This notice of invitation to tender is based on Article 23 of Sovereign Order No. 7.264 of 20 December 2018 regulating State public contracts, and Title I of Ministerial Order No. 2022-708 of 12 December 2022 setting out the terms and conditions for the award of building and public works contracts by the State.

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LABOUR:

Revaluation of the S.M.I.C. (minimum interprofessional growth wage) and the minimum wage for apprentices

Circulars no. 2022-19 and no. 2022-21 of 27 December 2022 (JDM No. 8624 of 6 January 2023) list the new S.M.I.C. scales. For those over 18 years of age, the gross hourly rate has increased (from 11.07 € since August 1, 2022) to 11.27 € as of 1 January 2023, i.e. a gross monthly salary of 1,904.63 € (for 39 hours per week, i.e. 169 hours per month).

Similarly, Circular no. 2022-20 of 27 December 2022 (JDM n° 8624 of 6 January 2023) lists the revalorized scales of minimum wages for apprentices bound by an apprenticeship contract, as of 1 January 2023.

In accordance with the provisions of Article 2 of Ministerial Decree No. 63-131 of 21 May 1963 fixing the minimum wage rates, the minimum wages must be increased by an exceptional allowance of 5% of their amount.

This revaluation follows that of the neighboring region. Indeed, according to Article 1 of Ministerial Order No. 63-131, in Monaco, "the minimum amounts of wages, bonuses, allowances of any kind and increases other than those provided for by the legislative provisions relating to working hours may not be lower than those which, by virtue of regulations or collective agreements, for identical working conditions, are practised in similar professions, trades or industries in Nice or, failing that, in the Alpes-Maritimes department".

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HEALTH:

Modification of the Code of Medical Deontology concerning the replacement of a doctor in case of absence or temporary impediment

The Ministerial Order n° 2023-43 of 20 January 2023 modifies Article 65 of the Code of medical ethics (Annex of the Ministerial Order n° 2012-312 of 29 May 2012).

It is now possible to authorise replacement by a doctor registered with the Order of a Member State of the European Union or party to the agreement on the European Economic Area (previously only Monegasque or French).

The administrative authority competent to issue the authorisation to the replacement doctor is now expressly named (Director of Health Action), and new wording is inspired by that of Article 65 of the French Code of Medical Ethics.

Amendment to the terms and conditions of practice of masseur-physiotherapists in the event of association

Sovereign Order n° 9.687 of 20 January 2023 amends Article 1 of Sovereign Order n° 6.902 of 27 April 2018 relating to the modalities of association between masseur-physiotherapists.

A masseur-physiotherapist authorised by ministerial order to practise his profession on a private basis may associate with one or two masseurs-physiotherapists.

In case of association with two colleagues, the prohibition on the simultaneous practice of these two colleagues at the same place of practice has been abolished.