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14

Aug
2024

Legal news

Public law

14/ Aug
2024

Legal news

Public law

Organisation of Civil Security: Bill no. 1099 amending Law no. 1.283 of 7 June 2024

Bill no. 1099 amending law no. 1.283 of 7 June 2024 on the organisation of Civil Security (20 articles) was filed on 31 July 2024.

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SUMMARY

The purpose of Bill no. 1099 is to rethink the "major orientations and objectives of civil protection in the Principality", and to "recognise and define new missions such as anticipation, prevention and evaluation, which are essential for its better implementation". (Explanatory memorandum, p. 1)

  • Redefinition of civil security: the new wording adds "alerting the population","preparing and implementing appropriate measures and resources under the responsibility of the State and other public or private bodies", and "protecting animals" (to"preventing risks of all kinds and protecting people, property and the environment against accidents, disasters and catastrophes");
  • Clarification of the distinction between, on the one hand, the field of civil security and the role of the Minister of State in exercising its main missions, and on the other hand, the content and implementation of the different categories of plans that make up the civil security response system;
  • New interministerial "GEVIM plan" enabling a global response to "the management of major events, crises, the organisation of the operational response on a particular scale or of a particular nature, as well as the processes for leading and coordinating State services in these circumstances";
  • Legal obligation for bodies governed by private law which hold a public service concession (listed in article 2 of Ministerial Order no. 2009-382 of 31 July 2009 implementing article 7 of Law no. 1.165 of 23 December 1993 on the protection of personal information) to draw up specific plans due to the essential nature of their activity on the life of the Monegasque population, the exercise of State authority, the functioning of the economy or State security. These specific plans must be submitted to the Government Councillor - Minister of the Interior, at the latest 1 year after the law comes into force.
  • Removal of the reference to the nature of "sporting, cultural or recreational events attracting large numbers of spectators to the Principality";
  • Clarification "between different regulatory texts taken on distinct legal bases [national security or civil security] depending on the circumstances of the management of a major event": 1/ acts of the Minister of State whose purpose is to regulate major events in advance are based on Law no. 1.430 of 13 July 2016, insofar as they fall within the field of national security. 2/ acts enacted as part of the operational response to events that occur during these events fall within the field of civil security, and are based on Law no. 1.283.
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