Bill no. 1109 on the judicial reserve and amending various provisions relating to the appointment of magistrates to administrative bodies (passed)

Bill no. 1109 on the judicial reserve and amending various provisions on the appointment of magistrates to administrative bodies (2025-05, 6 June 2025, consolidated, 9 Articles) tabled and referred to the Legislation Committee on 18 June 2025, was passed on 2 October 2025.

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SUMMARY

The Evaluation Report of the MONEYVAL Committee (Immediate Outcome 7 (Investigation and prosecution of money laundering), point b), p. 51) recommended "taking measures to ensure that money laundering investigations progress more quickly, including increasing the resources dedicated to the Public Prosecutor and investigating judges, including the recruitment of judicial staff".

Bill no. 1109 aims in this vein "to provide an operational response to the FATF's recommendations, by providing a legal basis for strengthening the staffing of the courts and other entities called upon to contribute to the fight against money laundering, the financing of terrorism and the proliferation of weapons of mass destruction and corruption" (Explanatory Memorandum to the Bill):

• Creation of a judicial reserve composed of former magistrates (of French or foreign nationality, provided they are proficient in French) to supplement the judicial panels and, on an exceptional basis, provide support to active career magistrates (a derogatory and ad hoc measure in cases of overload or emergency). Note: the review undertaken by the Judicial Services Department to meet the need to increase staffing levels has envisaged another route to the judiciary, in addition to that provided for by the current 2009 statute for the competitive recruitment of referendary magistrates: direct integration into the judiciary for Monegasque nationals destined to become career magistrates. This aspect has been suspended to allow further consideration (Explanatory Memorandum to the Bill).
• To respond to the difficulties encountered in appointing the head of the sanction panel of the Monegasque Financial Security Authority (AMSF) and to prevent those that could concern the head of the Seized and Confiscated Assets Management Service.

The Legislation Committee amended the initial text after consulting with the Judicial Services Department, the High Commissioner for the Protection of Rights and Mediation (published opinion), the Economic, Social and Environmental Council, the Monegasque Financial Security Authority (AMSF), bailiffs, the Monaco Bar Association, and the Union of Magistrates of the Principality of Monaco.

The Parliament has "invited the Government to continue its deliberations on the future of the Monegasque judiciary, in order to provide a satisfactory and lasting solution to the shortage of personnel in the Principality", with "the necessary reforms to increase the attractiveness of the judiciary, whether in terms of upgrading the pay scale or changing the conditions for entering the profession, but also creating additional permanent magistrate positions", noting that "the use of reserve magistrates can only be considered as an exceptional and temporary measure". (Report on Bill No. 1109)

The Parliament also highlighted the role of the High Council of the Judiciary (whose opinion is required in the selection process for reserve magistrates) "in the recruitment of all magistrates appointed in the Principality, in accordance with Monaco's international commitments (...) thus inviting the Government to table a bill aimed at legally enshrining the practice that was introduced following the recommendations of the Group of States against Corruption (GRECO), according to which all candidates, including seconded magistrates, are interviewed by the High Council, which issues a general opinion attached to the report sent to the Sovereign Prince". (Ibidem) - Note: Monaco's progress report on the measures taken to implement GRECO's recommendations must be submitted by 31 May 2026 at the latest. For more information, read our publication > GRECO • Developments in the fight against corruption in Monaco (2024-2026)

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IN DETAIL

→ Rules applicable to reservist magistrates: insertion of new articles 64-1 to 64-15 in Law no. 1.364 of 16 November 2009 on the status of magistrates, as amended:

• Purpose of recruiting reservist magistrates: on an exceptional basis, to carry out activities of a judicial or administrative nature, as part of a temporary reinforcement of the staff, as required, of the Judicial Services Department and the departments attached to it, the Court of First Instance, the Court of Appeal, the Criminal Court or the Public Prosecutor's Office (excluding the Supreme Court and the Court of Revision).
  
• Requirements: in accordance with Monaco's international commitments, Monegasque or foreign nationality; retired or resigned; at least 10 years' experience as a magistrate; enjoyment of civil and political rights; good character; age limit 77. Candidates who are foreign nationals other than French must be proficient in French. Applications will be examined in order of priority: 1) Monegasque nationals; 2) French nationals who have served as magistrates in Monaco; 3) foreign nationals who have served as magistrates in Monaco; 4) persons who do not fall within the categories set out in points 1), 2) and 3) who have no experience as a magistrate in Monaco (if their application is accepted, they are required to undergo specific training in Monegasque law).
• Obligation to take an oath before performing duties, when first entered on the list.
• Entry on the list of reservist magistrates: by order of the Director of Judicial Services ("Directeur des Services Judiciaires" equivalent to the Minister of Justice) after consultation with the High Council of the Judiciary (Haut Conseil de la Magistrature), for a renewable period of 3 years.
• Assignments: during this period, reservists may be successively entrusted with various assignments within the Judicial Services Department, the Public Prosecutor's Office and the courts (court of first instance, court of appeal, criminal court), without however having to deal with cases that they would have had to deal with in the context of their previous duties. They may be offered administrative assignments (chairing or sitting on an administrative commission or an independent administrative authority whose composition requires the presence of magistrates) or judicial assignments (without being able to chair a panel of judges and, in the public prosecutor's department, sitting as the public prosecutor at hearings before the Court of Revision and the Supreme Court). Reservist magistrates may not constitute a majority of a collegiate panel of the court to which they are assigned, except on the recommendation of the first President of the Court of Appeal in the event of serious difficulties in forming a panel of permanent magistrates. They may not sit on a single-judge court or act as investigating magistrates.
• Limit on working time: 260 half-days per calendar year.
• Reservist magistrate contract: specifies in particular its effective date, duration, the nature of the assignments entrusted, the terms and conditions of the assignment, the method of remuneration for the assignments carried out and the reasons for and conditions of its termination.
• Compensation scheme: reimbursement of expenses inherent in the assignment under conditions defined by order of the Director of Judicial Services; fixed amount, corresponding for each half-day, to an amount equal to 1/60th of the monthly salary of a magistrate in the first grade, last step, increased, depending on the assignments carried out, by a percentage defined by order of the Director of Judicial Services.
• Incompatibility: the exercise of an activity abroad equivalent to that of a reservist magistrate is not incompatible with the exercise of the functions of a reservist magistrate in Monaco, insofar as this situation does not present a risk of conflict with the exercise of their functions. In the event of a situation arising that could prevent them from continuing to perform their duties, reserve magistrates shall immediately inform the Director of Judicial Services, who shall, where appropriate and after an interview, inform them of the incompatibility between the new situation in question and the continuation of their duties. The provisions of Articles 10 and 11 of Law No. 1.364 shall apply to reservist magistrates (incompatibility between the functions of magistrate and any other public office or gainful activity, with the exception of those expressly authorised by the Director of Judicial Services, such as teaching or other activities that do not undermine the independence or dignity of the judicial function).
• Disciplinary procedure and sanctions that may be imposed on reservist magistrates.

→ Amendment of certain provisions of Law no. 1.398 of 24 June 2013 on judicial administration and organisation, as amended

• Clarification of the conditions under which reservist magistrates take part in deliberations, together with magistrates.
• The conditions for appointing the Director of the Seized and Confiscated Assets Management Department have been made more flexible: the Director may be a serving member of the judiciary, a reservist magustrate or a member of the judiciary who has been struck off the bench due to retirement or resignation.

→ Amendment to Law no. 1.362 of 3 August 2009 on the fight against money laundering, terrorist an proliferation of weapons of mass destruction financing and corruption, as amended

• Composition of the sanction panel of the Monegasque Financial Security Authority (AMSF): it may be composed of reservist magistrates, alongside magistrates, civil servants and agents of the department.
• Appointment of the chairman of the sanction panel: The chairmanship may be held, in the following order of priority, by a person: 1°) who has at least 3 years' judicial experience in the Monegasque judicial system as a magistrate, whether active or not; 2°) with at least 3 years' judicial experience in France as a magistrate, whether active or not, or registered on the list of reserve magistrates. In the event of incapacity, the presidency may be held by a substitute in accordance with this order of priority, recruited under the same conditions defined by sovereign order.

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