04
Dec
2023
Legal overview
Banking and financial law
Companies and taxation
Criminal law
International and European law
Insurance law
Family law
Labour law
IT and communication law
2023
Legal overview
Banking and financial law — Companies and taxation — Criminal law — International and European law — Insurance law — Family law — Labour law — IT and communication law
Monthly Legal Overview (November 2023)
99 AVOCATS is pleased to offer you a selection of the latest legal news from the Principality of Monaco and the events in which its team took part in November 2023.
We wish you a Merry Advent and Happy Holidays!
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Legal Advent calendar (in French)
Every day until Christmas, we will raise and answer a legal question, using a fun approach.
Our aim is to make the law more accessible and understandable for everyone, while celebrating the festive season.
Follow our Legal Advent Calendar (in French) on Instagram
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The voice and representation of children in Monaco's courts
Contribution from the Family Law Department to mark International Children's Rights Day on 20 November, with a format aimed at children.
The fight against harassment at school
In support of the month-long campaign to raise awareness of bullying in schools in the Principality, the Family Law Department's contribution on the Monegasque legal system in this area, both preventive and repressive: the contributions of Law no. 1.513 of 3 December 2021, and the new features added to the Criminal Code.
The domestic violence
Julie PROUST, senior associate, Elodie BIANCHINI and Esther COURIAT, associates in the Family Law Department, attended the Assises Régionales du droit de la famille 2023 (Regional Conference on Family Law 2023) on the subject of domestic violence, organised on 10 November by the Grasse Bar Association (cross-examination by lawyers, psychiatrists and academics).
Anti-money laundering: best practice and international standards
Samy BEN OLIEL, associate in the Banking & Finance Department, attended the half-day seminar on "International issues in the fight against money laundering" (European regulation of cryptoassets, US approach), organised by the Institut Monégasque de Formation aux Professions Judiciaires (IMFPJ).
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COMPLIANCE • MONEYVAL
Vote on Bill 1080 adapting legislative provisions to combat money laundering, the financing of terrorism and the proliferation of weapons of mass destruction (Part III)
Bill 1080 (Part III), passed on 28 November last, is the "Justice, Criminal Law and Criminal Procedure" part of the legislative reform following the recommendations of the MONEYVAL Committee in its report published on 23 January 2023. The effectiveness of the Monegasque system has been enhanced in the following areas:
- investigation and prosecution of money laundering and terrorist financing - powers of the authorities;
- confiscation and provisional measures - mutual legal assistance;
- extradition procedure.
Introduction of Bill 1084 adapting legislative provisions to combat money laundering, the financing of terrorism and the proliferation of weapons of mass destruction (Part IV)
Bill 1084 (Part IV), which was received by the National Council on 17 November, has a dual purpose:
- to deal with certain aspects that could not be covered by the three previous laws: trusts, professional secrecy of tax officials in the context of enhanced cooperation between the competent authorities, criminal law enforcement;
- to make further amendments to the laws that have already been reformed, concerning: the central system (Law no. 1.362), commercial companies (Law no. 721), civil companies (Law no. 797), associations and federations of associations (Law no. 1,355), and foundations (Law no. 56).
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LABOUR
Vote on Bill 1083 extending paternity leave for employees
Bill 1083, passed on 28 November last, extends paternity leave for employees to:
- 21 calendar days in the case of a single birth (instead of 12);
- 28 calendar days in the event of multiple births or if the household already has at least 2 dependent children (instead of 19).
Adoption of draft law no. 259 aimed at instituting the conventional termination of the employment contract and the presumption of resignation in the event of voluntary abandonment of position by an employee
Bill no. 259, adopted on 28 November last, amends Law no. 729 of 16 March 1963 on employment contracts to:
- modernise some of its provisions or file legal gaps;
- introduce the mechanism of conventional termination of fixed-term employment contracts (contrat à durée déterminée "CDI"), which must be approved by the labour inspector;
- introduce a presumption of resignation in the event of voluntary abandonment of position by an employee (amendment added by the Parliamentary Committee).
Introduction of Bill no. 1086 to integrate maternity leave into the self-employed workers' scheme
Bill no. 1086, received by the National Council on 22 November last, amends Law no. 1.048 of 28 July 1982 establishing a system of social benefits for self-employed workers.
The introduction of maternity leave in the self-employed workers' scheme was initiated by the CAMTI Control Committee.
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INSURANCE • BANKING
Introduction of Bill 1085 on the right to oblivion and other measures to facilitate access to credit
Bill 1085, received by the National Council on 22 November, provides for the following measures to facilitate access to credit (for certain loans and under certain conditions):
- the "right to oblivion" (droit à l'oubli), which allows people not to declare an old pathology to an insurer or credit institution when taking out a loan insurance policy;
- people who have declared to an insurer or credit institution that they have a medical condition, including a chronic condition, that constitutes an aggravated health risk, are eligible for insurance with no additional premium or exclusion of cover, or with a capped additional premium.
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EUROPEAN • DIGITAL
The repercussions of the Digital Services Act (DSA) outside the European Union
Regulation (EU) 2022/2065 on digital services ("DSA") aims to curb the distribution of illegal or harmful content and products, combat misinformation and regulate targeted advertising.
The DSA is of significant interest to non-EU countries, including Monaco, for at least two reasons:
- it applies to online platforms offering intermediary services in the EU, regardless of where they are established;
- its issues are also key aspects of the Principality's digital transition.
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