Legislative Overview 2022

99 Avocats associés is pleased to propose a retrospective of the laws published in Monaco in 2022.

The past year confirms the trend of an increasingly sustained legislative production during the 2018-2023 legislature of the Parliament (Conseil National), a significant part of which is derived from the Principality's international commitments (European Union, FATF, Council of Europe, UN, IOSCO).

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> Banking & Finance - Insurance

• Law No. 1.515 of 23 December 2021 amending Law No. 1. 338 of 7 September 2007 on financial activities, as amended. The modernisation of the legislation on financial activities is part of the objective for the Financial Activities Supervisory Commission (CCAF) to obtain the status of Ordinary Member of the International Organisation of Securities Commissions (IOSCO) which sets internationally recognised standards for securities regulation to protect investors, maintain fair, efficient and transparent markets and address systemic risks. More information

• Law No. 1.522 of 11 February 2022 on benchmarks. Dedicated to the issue of discontinuing or abandoning benchmarks such as LIBOR after 31 December 2021 and EONIA on 2 January 2022, Law No. 1.522 is inspired by the principles set out by the International Organisation of Securities Commissions (IOSCO) as well as the provisions of Regulation (EU) 2021/168. More information

> Various fields

• Law No. 1.529 of 29 July 2022 on various economic and legal provisions. The modernisation of several aspects of economic law (law on securities and credit, financial activities, business law) brings improvements expected by the professionals concerned in the exercise of their activities. More information

> Criminal Law & Procedure

• Law No. 1.517 of 23 December 2021 reforming the provisions relating to the criminalisation of sexual assaults. The strengthening of the repression of sexual offences is inspired by international standards and work on the protection of women and children (CEDAW, GREVIO), and by the recent French reform aimed at protecting minors from sexual crimes and incest. More information

• Law No. 1. 521 of 11 February 2022 on various criminal measures to combat money laundering and fraud and counterfeiting of non-cash means of payment. It transposes into the Criminal Code and the Code of Criminal Procedure the requirements of the 6th (EU) Directive to combat money laundering by means of criminal law, and the recommendations to Monaco of the Conference of the Parties to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism. More information

• Law No.1.533 of 9 December 2022 on the preliminary investigation and alternative measures to prosecution. It modernises criminal proceedings by adapting them to changes in society, "by strengthening the tools available to the justice system and the police to prosecute offences" while "guaranteeing the rights of defendants". More information

• Law No. 1.534 of 9 December 2022 amending certain provisions of the Criminal Procedure Code relating to the investigation and appeal in criminal matters. Its main contribution lies in the reform of the investigation procedure under the prism of the guarantees of the accused under the European Convention on Human Rights. More information

• Law No. 1.535 of 9 December 2022 on the seizure and confiscation of instruments and proceeds of crime. It transcribes the provisions of Directive 2014/42/EU of 3 April 2014 as well as the relevant FATF International Recommendations, following the observations of the Council of Europe's MONEYVAL Committee formulated within the framework of the 5th evaluation round of Monaco. More information

• Law No. 1.536 of 9 December 2022 amending Title XI of Book IV of the Code of Criminal Procedure on international judicial assistance. The purpose of the law is to ensure that international judicial assistance cannot be unreasonably hindered in the interests of effective criminal prosecution, while respecting fundamental rights and freedoms. More information

> Prevention of money laundering, terrorist financing and corruption

• Law No. 1.520 of 11 February 2022 supplementing Act 1.503 of 23 December 2020 strengthening the system for combating money laundering, terrorist financing and corruption. It consolidates compliance with the 4th and 5th (EU) Anti-Money Laundering and Terrorist Financing Directives, reinforces the adversarial nature of the procedure before the Commission des Rapports de Contrôle (CERC) after control by SICCFIN, and diversifies the arsenal of administrative sanctions. More information

• Law No. 1.537 of 9 December 2022 supplementing Law No. 1.362 of 3 August 2009 on the fight against money laundering, terrorist financing and corruption, as amended. It subjects the activity of domiciliation exercised on a principal basis to the AML/CFT-C mechanism in accordance with the FATF and European Union standards, upon request of the MONEYVAL Committee. More information

> Real Estate & Construction

• Law No. 1.531 of 29 July 2022 amending the provisions of Act No. 1.329 of 8 January 2007 on co-ownership of built properties, as amended. Its objective is to resolve practical difficulties encountered in the organisation and administration of the co-ownership. More information

> Digital - IT New technologies

• Law No. 1.528 of 7 July 2022 amending various digital provisions and regulating the activities of digital asset or crypto-asset service providers Its main purpose is to establish a secure and risk-limiting framework for exploiting the opportunities offered by the digital finance sector, and is inspired in some respects by the French "Law PACTE". More information

> Intellectual property

• Law No. 1.526 of 1 July 2022 on the resale right. It adopts conditions equivalent to those applicable in other European art markets, based on the provisions of Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art, in order to increase the attractiveness of the market. More information

> Public

• Law No. 1.527 of 7 July 2022 amending Law No. 975 of 12 July 1975 on the status of State civil servants. It modernises the legal regime of the Monegasque administration, adapted to its needs for attractiveness and efficiency, fairer and more protective for State civil servants with modernised social and professional standards.

• Law No. 1.538 of 16 December 2022 amending Law No. 1096 of 7 August 1986 on the status of municipal civil servants, as amended. As for State civil servants, it ratifies the modernisation of the status of municipal civil servants in the interests of attractiveness, while ensuring the quality and efficiency of public services to citizens.

• Law No. 1.540 of 16 December 2022 amending article 16 of Law No. 1441 of 5 December 2016 on the accessibility of the built environment. It extends by two years the deadline for State and municipal services to adapt the existing built environment belonging to a public person and assigned to a public service mission, in order to make it accessible to persons with a disability.
  

• Law No. 1.530 of 29 July 2022 declaring the disuse, on the Esplanade des Pêcheurs, Quai Rainier Ier Grand Amiral de France and part of the Quai Antoine Ier, of a parcel of land belonging to the public domain of the State. It validated the decommissioning of a parcel of land belonging to the public domain of the State with a view to a real estate programme (the Supreme Court was seized of a request for unconstitutionality of Law No. 1.530).

> Gender equality

• Law No. 1.523 of 16 May 2022 on the promotion and protection of women's rights by amending and repealing obsolete and unequal provisions. Following Recommendation 76. 49 of the United Nations Human Rights Council (Report of the Working Group on the Universal Periodic Review - Monaco, A/HRC/40/13, 26 December 2018), it purges Monegasque law of its provisions based on androcentrism in the professional field, or the patriarchal conception of the family among others.

> Health

• Law No. 1.516 of 23 December 2021 on non-conventional wellness practices. In line with the World Health Organisation (WHO) Strategy for Traditional Medicine for 2014-2023, It provides a framework for health care practices that are not scientifically recognised by conventional medicine, and also recasts the offence of abuse of weakness. More information

• Law No. 1.518 of 23 December 2021 on the practice of pharmacy. It ensures compliance with the Franco-Monegasque Convention of 18 May 1963 on pharmacy, which requires Monegasque legislation and regulations to be "as similar as possible to French legislation and regulations".

• Law No. 1.525 of 16 May 2022 amending certain provisions relating to the profession of midwife provided for in the Ordinance of 29 May 1894 on the professions of doctor, surgeon, dentist, midwife and herbalist. It broadens the competences of midwives with regard to prescribing and vaccinating, in accordance with the standards of the French legislation.

• Law No. 1.541 of 16 December 2022 on nosocomial infections. Its purpose is to prevent and compensate for nosocomial infections in public or private health institutions. More information