17
Dec
2024
Legal overview
Criminal law
International and European law
Property and construction law
Family law
Labour law
IT and communication law
Personal data
Public law
Compliance
2024
Legal overview
Criminal law — International and European law — Property and construction law — Family law — Labour law — IT and communication law — Personal data — Public law — Compliance
Monthly Legal Overview (November - December 2024)
🎄✨ Last Legal Newsletter of 2024 ✨🎄
For this last edition of the year, 99 AVOCATS brings you a summary of the legal news from Monaco in November and December (publications in the Journal de Monaco, legislative work), as well as our key events.
We wish you a very happy festive season, and look forward to seeing you in 2025!
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EVENTS
◾Our associates honoured with the "Médaille Du Travail"!
Olivier SEUROT, Patricia KEMAYOU MENGUE and Laurent MICOL were awarded the "Medal of Work" for 20 years' service with the same employer in the Principality. THANK YOU for your loyalty and your valuable contribution to our team!
◾Together at the 25th No Finish Line® Monaco
New edition, new participation in this not-to-be-missed event! THANK YOU to all our runners/walkers, and special thanks to Aurélien BIANCHERI who also took it to heart to manage all the details of our participation.
◾ Support for the International Children's Rights Day
Contribution from our Family Law Department ‘New for our rights in Monaco!’ with a child-friendly visual on the extension of the remit of Monaco's High Commission for the Protection of Rights and Mediation to now include the protection of children's rights and interests.
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TEXTS PUBLISHED IN THE JOURNAL DE MONACO
PERSONAL DATA
◾Law no. 1.565 of 3 December 2024 on the protection of personal data
Law no. 1.565 (JDM no. 8725 of 13 December 2024), which was awaited, transcribes the new requirements of the Council of Europe's Convention 108+, and is aligned with the standards of the European Union's ‘data protection package’ (Regulation (EU) 2016/679 ‘RGPD’ and Directive (EU) 2016/680 ‘Police Justice’) in order to obtain an adequacy decision from the European Commission, which would facilitate data transfers to Monaco.
We propose a table summarising the new legislation (118 articles).
◾Law no. 1.566 of 3 December 2024 approving the ratification of the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108+)
At the same time, Law no. 1.566 (JDM no. 8725 of 13 December 2024) enables Monaco to accede to the Council of Europe's Convention 108+, which has been modernised in line with the RGPD. Conversely, when assessing whether a non-EU country such as Monaco offers an adequate level of data protection essentially equivalent to that of the EU, the RGPD takes account of its accession to the Convention (Recital 105 of the RGPD).
SOCIAL
◾Teleworking: new requirements for contractual clauses
Ministerial Order no. 2024-619 of 4 November 2024 (JDM no. 8720 of 8 November 2024) amends Article 1 (number 3) of Ministerial Order no. 2016-425 of 1 July 2016 implementing Law no. 1.429 of 4 July 2016 on teleworking. It is no longer necessary to mention the exact days of on-site/teleworking, but the “modalities of prior determination” must be laid down.
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◾Revaluation of minimum pay on 1 November 2024
Circulars no. 2024-11 and no. 2024-12 of 28 October 2024 (JDM no. 8719 of 1 November 2024) recall the revaluation of the hourly rate of the SMIC (€11.88, i.e. a monthly salary for 169 hours per month of €2,007.72) and the minimum remuneration for apprentices (for 16/17 year-olds: €1,104.25; for 18/20 year-olds: €1,345.17; for 21 year-olds and over: €1,566.02). An exceptional allowance of 5% of the minimum remuneration is added to this figure.
◾Appointment of a member of the Labour Court
By Sovereign Order no. 10.942 of 20 November 2024 (JDM no. 8723 of 29 November 2024), Ms Diane GROULX was appointed as a member of the Labour Court in the capacity of employer representative to replace Ms Sylvie GAGGIOLI, until 3 October 2030.
PUBLIC HEALTH • REAL ESTATE & CONSTRUCTION
◾Measures against animals that pose a threat to public health or hygiene
Sovereign Order no. 10.943 and implementing Ministerial Order no. 2024-648 of 20 November 2024 (JDM no. 8723 of 29 November 2024) set out the measures to be taken by owners and co-owners' associations to prevent the appearance and development of animals considered to be pests in the communal areas of a building, as well as the measures to be taken by the owners of any building demolition or construction site.
DIGITAL • e-administration
◾The Direction des Services Numériques, trust service provider for the attribution of a digital identity
Sovereign Order no. 10.884 of 25 October 2024 amending Sovereign Order no. 7.995 of 12 March 2020 (JDM no. 8719 of 1 November 2024) entrusts the Direction of Digital Services (placed under the authority of the Minister of State) with creating and assigning a digital identity to natural persons registered in a public service register, pursuant to Law no. 1.483 of 17 December 2019.
JUSTICE
◾New procedures for setting the tariff of bailiffs' emoluments
Law no. 1564 of 21 October 2024 amending Law no. 1.398 of 24 June 2013 on the administration and organisation of justice (JDM no. 8720 of 8 November 2024) resulting from Bill no. 1097 passed on 17 October 2024, legally enshrines the principle of setting the tariff of bailiffs' fees by Sovereign Order on the report of the Director of Judicial Services (abolition of the revision of the tariff by publication of a Law and then a Sovereign Order, in favour of an exclusively regulatory route).
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LEGISLATIVE WORK
FAMILY
◾Alternating residence for children of separated parents (new power for the guardianship judge)
On 11 December last, the Government decided in favour of transforming parliamentary draft law no. 261 into a bill, which will have to be tabled by 28 December 2025 (Source: Legimonaco, News, Focus 13 December 2024).
CRIMINAL PROCEDURE
◾Adoption of draft law no. 266 introducing the guilty plea and penal agreement procedures
Parliamentary draft law no. 266, adopted on 4 December, seeks to introduce into the Code of Criminal Procedure the guilty plea procedure for adults, and the penal agreement procedure for legal entities, based on the model of the French mechanisms of appearance on prior recognition of guilt (CRPC) and the judicial public interest agreement (CJIP).
SOCIAL
◾Adoption of bill no. 1095 on traineeship in the professional environment
Government bill no. 1095, passed on 4 December, provides a framework for student traineeship for the purposes of protection and clarification of the obligations incumbent on the host organisation (conditions of validity, authorisation procedure, performance of the internship, and criminal provisions).
◾Adoption of draft law no. 262 on the Time Savings Account (compte épargne-temps "CET")
Parliamentary draft law no. 262, adopted on 28 November, aims to extend the use of the CET to all private sector employees. The CET allows employees to accumulate paid leave entitlements or to receive remuneration for periods of leave or rest not taken, or for overtime worked.
PUBLIC HEALTH
◾Adoption of Bill no. 1090 on the management of risks associated with healthcare
Government bill no. 1090, passed on 4 December, provides three legal frameworks for the management of risks associated with healthcare, applicable to healthcare establishments, medico-social establishments, and healthcare professionals practising outside these establishments. It is based on the provisions of the French Public Health Code, and ties in with Law no. 1.541 of 16 December 2022 on nosocomial infections.
◾Adoption of bill no. 1091 establishing the powers of public health inspectors
Government bill no. 1091, which was passed in parallel on 4 December, remedies the shortcomings of the existing system, which does not define the resources available to medical public health inspectors to carry out their duties, by providing a comprehensive understanding of the conditions under which they operate.
URBAN PLANNING
◾Adoption of draft law no. 265 instituting a development master plan (schéma directeur de développement)
Draft law no. 265, adopted on 28 November, establishes a framework for coordinating the State's forward-looking policy in a collaborative approach (consultations with institutions including the National Council), by providing it with a legal urban planning document: the Development Master Plan (SDD) consisting of a forward-looking report, a strategic development plan (PAS), and a guidance and objectives document (DOO). The Parliament's wish is that the plan should ‘reflect the aspirations of Monegasques, both residents and employees, and adapt as closely as possible to their reality’.
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