02
Mar
2026
Legal overview
Banking and financial law
Criminal law
International and European law
Insurance law
Family law
Labour law
IT and communication law
Public law
Risks & Compliance AML/CFT-P-C
2026
Legal overview
Banking and financial law — Criminal law — International and European law — Insurance law — Family law — Labour law — IT and communication law — Public law — Risks & Compliance AML/CFT-P-C
Monthly Legal Overview (February 2026)
99 AVOCATS ASSOCIÉS is pleased to offer you a retrospective (selection) of legal news from the Principality of Monaco in February 2026 (texts published in the Journal de Monaco and other publications) and events concerning its team.
Also this month: our overview of decisions handed down by the European Court of Human Rights (ECHR) concerning Monaco over the past year.
OVERVIEW OF ECHR DECISIONS CONCERNING MONACO IN 2025
◾Five decisions of inadmissibility and one decision of removal from the register
In 2025, the ECHR ruled on five cases concerning Monaco (all declared inadmissible) in the areas of insurance law, administrative law and proceedings before the Supreme Court. It also issued a decision to strike two applications from the roll in criminal proceedings following an amicable settlement.
◾Meetings of the Committee responsible for monitoring the execution of ECHR judgments under Monegasque chairmanship
As a reminder, pending its assumption of the Chairmanship of the Committee of Ministers of the Council of Europe from 15 May to 10 November 2026, Monaco is chairing the meetings to follow up on the ECHR judgments from 2 to 4 December 2025 and from 9 to 11 March 2026.
EVENTS
INTERNATIONAL NETWORK
◾Grégoire GAMERDINGER joins the International Bar Association
Grégoire GAMERDINGER has became a member of the International Bar Association (IBA), a leading global network of lawyers. He will soon attend two IBA high-level events, one on wealth management and the other on transnational crime.
LABOUR
◾Presentation on labour law for the Association of Women Entrepreneurs of Monaco (AFCEM)
On 13 February, Erika BERNARDI, partner at 99 AVOCATS ASSOCIÉS, presented "The new law on contractual termination of employment contracts in Monaco" to AFCEM members.
FAMILY
◾ Conference "Protecting Family Life and Children’s Rights" organised by the Academy of European Law (ERA)"
In 24 and 25 February, Sarah FILIPPI, Erika BERNARDI, partners, and Nathalie BLANGERO, head of the Family Law Department at 99 AVOCATS ASSOCIÉS, attended the conference organised by ERA on the theme "Protecting Family Life and Children’s Rights - Insights from Recent ECtHR Case Law".
TEXTS PUBLISHED IN THE JOURNAL DE MONACO
SOCIAL
◾Termination by mutual agreement ("rupture conventionnelle") of a permanent employment contract (CDI)
An Erratum to Ministerial Order No. 2025-715 of 24 December 2025 (JDM No. 8785 of 6 February 2026) replaces Annex I containing the model termination agreement. As a reminder, this type of termination by mutual agreement will be possible from 13 March onwards.
INSURANCE • BANKING & FINANCIAL
◾Commission on the Right to be Forgotten and Mediation (access to credit)
Sovereign Order No. 11.777 of 13 February 2026 (JDM No. 8787 of 20 February 2026) establishes the composition and functioning of the Commission on the Right to be Forgotten and Mediation ("Commission du droit à l'oubli et de la médiation"), established by Law No. 1.561 of 2 July 2024 on the right to be forgotten and other measures facilitating access to credit for persons presenting an aggravated health risk.
◾Appointment of members of the Tariff Commission (compulsory insurance)
Ministerial Order No. 2026-77 of 18 February 2026 (JDM No. 8788 of 27 February 2025) appoints the permanent and alternate members representing persons subject to compulsory insurance and insurance companies authorised in the Principality, including specialist members for risks incurred by vehicles used for public transport of passengers and goods, as well as the Government Commissioner. The Tariff Commission intervenes after an insured person has been refused cover.
AML/CFT-P-C • FATF • EU
◾Update to the Monegasque list of High-Risk States or Territories
Ministerial Order No. 2026-72 of 18 February 2026 (JDM No. 8787 of 20 February 2026) amended the Monegasque list of jurisdictions whose anti-money laundering, terrorist financing and corruption control measures are strategically deficient. Addition: Russian Federation. Removal: South Africa, Burkina Faso, Mali, Mozambique, Nigeria, Tanzania.
ICT • Cyber Security
◾Requirements framework ("Référentiel d'exigences") for the qualification of cloud computing and hosting service providers (PINHs)
Ministerial Order No. 2026-59 of 5 February 2026 and Erratum to the appendix (JDM No. 8786 of 13 February 2026, No. 8788 of 27 February 2026)defines the new requirements framework for the qualification of PINHs by the Director of the Monegasque Digital Security Agency (AMSN), pursuant to Article 6, f) of Sovereign Order No. 8.504 of 18 February 2021.
SPORT • Anti-doping
◾ 2026 List of Prohibited Substances and Methods
Sovereign Order No. 11.766 of 13 February 2026 (JDM No. 8787 of 20 February 2026) incorporates into national law the "Prohibited List - International Standard 2026" of the World Anti-Doping Agency (Annex I to the International Convention against Doping in Sport), which entered into force on 1 January 2026.
PUBLIC
◾Code of Ethics for Personnel of the Police Department of Monaco
Ministerial Order No. 2026-78 of 18 February 2026 (JDM No. 8788 of 27 February 2026) introduces a new Code of Ethics for personnel of the Police Department of Monaco. It introduces references to "apparent" conflicts of interest and "gifts". This update comes in the context of the 5th evaluation cycle of GRECO (Group of States against Corruption of the Council of Europe), which includes the prevention of corruption and the promotion of integrity within law enforcement agencies.
◾Change in the status of military personnel of the Public Force
Sovereign Order No. 11.744 of 29 January 2026 (JDM No. 8785 of 6 February 2026) amends Sovereign Order No. 8.017 of 1 June 1984 on the status of military personnel of the Public Force: new psychological aptitude requirement; opinion of the Unity Commission for the recruitment of contract military personnel and admission to career military service. Ministerial Order No. 2026-53 of 29 January 2026 (JDM of the same day) defines the rules and governs the monitoring of physical, medical and psychological aptitude requirements.
◾High Commissioner for the Protection of Rights and Mediation
By Sovereign Order No. 11.767 of 13 February 2026 (JDM No. 8787 of 20 February 2026), Ms Marina CEYSSAC, High Commissioner for the Protection of Rights and Mediation since 2022, has been reappointed for a four-year term, effective 21 February 2026.
◾Number of Chartered Accountants and Certified Accountants in Monaco
Sovereign Order No. 11.774 of 13 February 2026 (JDM No. 8787 of 20 February 2026) sets the maximum number of chartered accountants and certified accountants who are members of the Order and authorised to practise their profession in the Principality at forty (compared to thirty-eight in 2025). For the record, the modernisation of the profession is underway with Bill No. 1112.
◾New preventive measures to prevent the spread of contagious diseases in children's communities
Sovereign Order No. 11.776 of 13 February 2026, supplemented by Ministerial Order No. 2026-68 of 13 February 2026 (JDM No. 8787 of 20 February 2026) sets out hygiene measures and procedures for communicating with staff, children and their legal representatives concerning public and private educational establishments, holiday and leisure centres, establishments caring for children under the age of six and child welfare establishments.
REAL ESTATE
◾Protected sector: average rents and rent compensation allowance
Ministerial Order No. 2026-67 of 17 February 2026 (JDM No. 8787 of 20 February 2026) sets, pursuant to Article 31 of Law No. 1.235 of 28 December 2000, as amended, the average rents per square metre for housing in the protected sector, based on leases registered during the 2025 calendar year, and the amount of the rent compensation allowance payable by the State (€26.59 per square metre per month), which allows landlords to receive rental income equivalent to that of landlords applying the highest rents in the protected sector.
JUSTICE
◾Appointment of a First Deputy Public Prosecutor
By Sovereign Order No. 11.758 of 13 February 2026 (JDM No. 8787 of 20 February 2026), Mr. Frédéric COUSIN, Deputy Prosecutor in charge of the General Secretariat to the Public Prosecutor of Toulouse, seconded by the French Government, was appointed First Deputy Public Prosecutor, for a term of five years from 1 March 2026.
◾Appointment of a Judge to the Court of Appeal
By Sovereign Order No. 11.757 of 13 February 2026 (JDM No. 8787 of 20 February 2026), Mr Emmanuel GARCIA, Judge at the Court of Appeal of Montpellier, seconded by the French Government, was appointed Judge at the Court of Appeal, for a term of five years from 1 March 2026.
◾Appointment of permanent and substitute magistrates to chair the Commission responsible for assessing the residual earning capacity of victims of workplace accidents
By Order of the Secretary of State for Justice, Director of Judicial Services No. 2026-5 of 13 February 2026 (JDM No. 8787 of 20 February 2026), the duties of Chair of the Commission were entrusted to Mr Maxime MAILLET, Judge at the Court of First Instance, and the duties of Deputy Chair in the event of his absence to Ms Alexia BRIANTI, First Judge at the Court of First Instance, with effect from 13 February 2026.
OTHER PUBLICATIONS
ADMINISTRATIVE LAW
◾Case law of the Supreme Court of Monaco (December 2025)
Our publication reviews the decisions handed down in December 2025 by the Supreme Court of Monaco ruling as a judge of excess of power, concerning the dismissal of a staff representative and measures for removal (refoulement) from the territory.
AML/CFT-P-C
◾Adoption of the third progress report and continued implementation of the FATF action plan
Following its Plenary Meeting held in Mexico City from 9 to 13 February 2026, the Financial Action Task Force (FATF) statement noted Monaco's progress "on many action items, including (...) the timeliness of STR reporting". . The next stage of the action plan focuses on strengthening administrative sanctions (violation of AML/CFT rules) and criminal sanctions (money laundering), which must be "effective, dissuasive and proportionate".
◾Cooperation agreement between the Monegasque Financial Security Authority (AMSF) and the Financial Activities Control Commission (CCAF)
On 13 February, the AMSF and the CCAF signed a cooperation agreement (exchange of information, assistance, coordination and mutual consultation) contributing to strengthening Monaco's AML/CFT-P-C system (CCAF, News of 17 February 2026).
PERSONAL DATA PROTECTION
◾The APDP signs the "Joint Statement on AI-Generated Imagery and the Protection of Privacy"
On 23 February, the "Joint Statement on AI-generated images and privacy" was published, signed globally by 61 data protection authorities, including the Monaco APDP, under the auspices of the Global Privacy Assembly (GPA). It sets out fundamental principles for organisations that develop and use AI content generation systems.
REAL ESTATE
◾IMSEE: Real Estate Observatory 2025
The Monegasque Institute of Statistics and Economic Studies (IMSEE) has published its Real Estate Observatory for 2025, which presents the activity of the private residential real estate sector in Monaco and its evolution over the last ten years. In 2025, the Monegasque real estate market totalled 493 transactions (+5.8%) for a stable overall amount of €5.9 billion, with a slight decline in price per square metre (-1.4%), which remains at a historically high level of €57,569.
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