30
Apr
2025
Legal overview
International and European law
2025
Legal overview
International and European law
Monthly Legal Overview (April 2025)
99 AVOCATS ASSOCIÉS is pleased to provide you with a summary of legal news in the Principality of Monaco in April 2025 (texts published in the Journal de Monaco and other publications, legislative work), and of its events.
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EVENTS
◾Conference on "Islamic finance" and mortgages
Organised jointly by 99 AVOCATS ASSOCIÉS and NORTON ROSE FULBRIGHT on 28 April, the conference highlighted the fundamental principles of ‘Islamic finance’, which is rapidly gaining ground, and how they apply to mortgage loans.
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TEXTS PUBLISHED IN THE JOURNAL DE MONACO
COMPANY
◾ Far-reaching reform of company law: Law no. 1.573 of 8 April 2025
Law no. 1.573 of 8 April 2025 on the modernisation of company law (JDM no. 8743 of 18 April 2025) came into force on 19 April, subject to transitional provisions providing for later dates (set either by the Law or by Sovereign Order, in the latter case by 30 September 2025 at the latest). Law no. 1.573 is only the first part of a wider reform to come.
PERSONAL DATA PROTECTION
◾ Data protection impact assessment (DPIA): APDP opinion on the draft Ministerial Order implementing Article 35 of Law no. 1.565
Following a referral from the Minister of State, Deliberation no. 2025-005 of 9 April 2025 (JDM No. 8744 of 25 April 2025) concerns the draft Ministerial Order setting out the criteria for determining whether the processing of personal data is likely to give rise to a high risk for the rights and freedoms of individuals, triggering the obligation to conduct an impact assessment.
◾ Digital reform: APDP opinion on Bill no. 1093
(Self-referral) In its Deliberation no. 2025-006 of 9 April 2025 (JDM No. 8744 of 25 April 2025), the APDP analyses the proposed legislation (trust services, digital services, data governance, etc.) in the light of the European Union's provisions, which are a source of inspiration: eIDAS 2.0 Regulation, Digital Services Act (DSA), Data Governance Act (DGA).
◾Donation of leave: APDP opinion on the regulatory texts
Following a referral from the Minister of State, Deliberation no. 2025-007 of 9 April 2025 (JDM no. 8744 of 25 April 2025) focuses on the issue of respect for privacy and the preservation of medical confidentiality in the context of the granting of leave (private and public sectors).
ENVIRONMENT
◾Support for photovoltaic electricity production: changes to the regulations
Ministerial Order no. 2025-171 of 31 March 2025 (JDM no. 8741 of 4 April 2025) amended the regulations governing aid for photovoltaic electricity generation with effect from 5 April 2025 (amendment of articles A. 172-2 to A. 172-2-4 of the Environment Code).
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PUBLIC
◾ Setting up a business, business support: new terms and conditions
Ministerial Order no. 2025-179 of 8 April 2025 (JDM no. 8742 of 11 April 2025) replaces Ministerial Order no. 2004-261 of 19 May 2004 as amended: duration and conditions for receiving business start-up assistance; subsidies for business loans; contribution to the payment of rent for business premises; extraordinary minimum income and assistance for small companies in the event of an epidemic, endemic infection or pandemic.
◾ Official population of Monaco in 2024
Ministerial Order no. 2025-190 of 11 April 2025 (JDM no. 8743 of 18 April 2025) publishes the Principality's official population figure for 2024, which is 38,423 (38,367 in 2023).
Monaco in Figures 2024 on the IMSEE website
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OTHER PUBLICATIONS
AML/CFT-P/CO • FATF
◾National AML/CFT strategy and action plan for 2025-2027
On 7 April, the first College of the Committee for Coordination and Monitoring of the National Strategy on fight against Money Laundering, Financing of Terrorism and Proliferation of Weapons of Mass Destruction and Corruption adopted the National Strategy and Action Plan for 2025-2027, and announced discussions with representatives of the International Cooperation Review Group (ICRG).
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◾AMSF: Strategic analysis of "professional money laundering"
Published on 14 April 2025 for information purposes, the Strategic Analysis Report "Professional Money Laundering" (March 2025) of the Monegasque Financial Security Authority (AMSF), highlights the methods used and "the multiple forms that their involvement is likely to take in the Monegasque context" (typological analysis, red-flag indicators)
UN
◾Consideration of Monaco's report under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
On 8 and 9 April, the Committee against Torture examined Monaco's 7th periodic report (CAT/C/MCO/7) established on the basis of a list of issues. The Monegasque delegation presented developments in the legal and institutional framework (including legislation in preparation, the prison system, the Office of the High Commissioner for the Protection of Rights and Mediation, etc.). The Committee will publish its concluding observations on 2 May.
COUNCIL OF EUROPE
◾Election of a judge to the European Court of Human Rights (ECHR) in respect of Monaco
On 8 April, Mr Sébastien BIANCHERI, Vice-President of the Court of Appeal, was elected judge to the ECHR in respect of Monaco by the Parliamentary Assembly of the Council of Europe (PACE), by a majority of votes cast. His 9-year term of office begins no later than 3 months after his election.
More about the procedure for electing judges to the ECHR
CRIMINAL
◾Forum for European criminal asset management services in Monaco
On 1 and 2 April, Monaco hosted the 2nd edition of the Forum. Topics covered included the management of bank accounts and complex securities, seized assets including crypto-currencies and valuable real estate, analysis of the global art market and Article 20 - Asset Management and Planning of EU Directive 2024/1260.
The Seized or Confiscated Assets Management Service in Monaco
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LEGISLATIVE WORK
FAMILY
◾Bill no. 1106 on the promotion and supervision of alternating residence for children of separated parents (tabled)
On 11 April, the Government tabled Bill no. 1106, resulting from the transformation of (parliamentary) Draft Law no. 261 adopted on 27 June 2024, with amendments to the original provisions.
BANKING
◾Right to a bank account: conversion of draft law no. 263 into a bill
On 17 April, the Government decided in favour of transforming draft law no. 263 into a bill. It will be tabled no later than 22 April 2026.
Other publications