04
Jun
2024
Legal overview
Companies and taxation
Criminal law
International and European law
Civil law
Labour law
IT and communication law
Public law
2024
Legal overview
Companies and taxation — Criminal law — International and European law — Civil law — Labour law — IT and communication law — Public law
Monthly Legal Overview (May 2024)
99 AVOCATS is pleased to propose a selection of the texts published in the Journal de Monaco in May, the events in which it took part, as well as its latest articles focusing on Information and Communication Technologies (ICT), including Artificial Intelligence (AI) in the headlines.
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Texts published in the Journal de Monaco:
SOCIAL • INTERNATIONAL
◾Monaco/Italy teleworking: Amendment no. 1 to the General Convention on Social Security comes into force
Sovereign Order no. 10.558 of 16 May 2024 (JDM no. 8696 of 24 May 2024) renders Amendment ("Avenant") no. 1 to the General Convention on Social Security between the Principality of Monaco and the Italian Republic of 12 February 1982, signed in Monaco on 10 May 2021, enforceable from 1st June 2024, the date of its entry into force with regard to the Principality of Monaco.
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CODE DE LA ROUTE (Highway Code)
◾Electric or rechargeable hybrid vehicle: new penalty for stopping or parking inconveniently
Sovereign Order no. 10,530 of 23 April 2024 (JDM no. 8693 of 3 May 2024) inserts new provisions into the Code de la route penalising the hindering stopping or parking of electric vehicles or rechargeable hybrid vehicles on a charging site.
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JUSTICE
◾Criminal justice: Update of rates for translations and interpreter/translator fees
Sovereign Order no. 10.531 of 23 April 2024 (JDM no. 8693 of 3 May 2024) updated articles 155 and 156 of Sovereign Order of 2 July 1866 as amended, relating to the rates for written translations, oral translations and the fees of translator-interpreters called before the Public Prosecutor, judicial police officers or their auxiliaries, before the examining magistrate or before the criminal courts.
◾Appointment of the President of the Court of First Instance
Mrs Magali GHENASSIA, Councillor at the Court of Appeal, was appointed President of the Court of First Instance with effect from 1st May 2024 by Sovereign Order no. 10.538 of 3 May 2024 (JDM n° 8694 of 10 May 2024).
◾Monegasque Institute for Training in the Judicial Professions: new mission and composition of its scientific council, fees
Sovereign Order no. 10.550 of 10 May 2024 (JDM no. 8695 of 17 May 2024) amends Sovereign Order no. 8.609 of 12 April 2021 creating an Institut Monégasque de Formation aux Professions Judiciaires (Monegasque Institute for Training in the Judicial Professions), whose new mission is to organise training courses in connection with the public service of justice. The other changes concern its scientific council (composition, steering committee for the Monegasque law journal) and the fees received.
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CIVIL PROCEDURE
◾Determination of the portions of remuneration, salaries and annual arrears that may be seized or assigned (persons considered as dependants)
Ministerial Order no. 2024-280 of 16 May 2024 (JDM no. 8696 of 24 May 2024) sets at €635.71 per month with effect from 1 April 2024, the amount of personal resources provided for by Sovereign Order no. 10.404 of 12 February 2024 fixing the portions of remuneration, salaries and annual arrears that may be seized or assigned. The debtor's spouse or ascendant whose personal resources are less than this amount are considered as dependants.
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PUBLIC
◾New increase in basic indexed salary in the civil service (State and Commune)
Ministerial Decree no. 2024-283 of 17 May 2024 (JDM no. 8696 of 24 May 2024) raises the basic indexed salary relating to index 100 (referred to in article 29 of Law no. 975 of 12 July 1975 on the status of State civil servants, as amended, and in article 27 of Law no. 1. 096 of 7 August 1986 on the status of Commune civil servants, as amended) to the annual sum of € 8,078.83, with effect from 1st May 2024 (compared with € 7,998.84 from 1st October 2023).
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Events & ICT publications:
◾Eurojuris International
Participation of Ewelina WASOWSKA and Guillaume CARDOEN in the Practice Group Days, from 30 May to 2 June 2024 in Copenhagen.
◾The (EU) Regulation on Artificial Intelligence (AI Act), applicable to suppliers and deployers in countries outside the European Union
The AI Act adopted by the European Union on 21 May is of great interest to non-EU countries such as Monaco: the first regulation of artificial intelligence in the world, with extraterritorial scope, which could inspire their legislators.
◾The legal value of scanned/digitised signatures
Although the scanned/digitised handwritten signature cannot be equated with an electronic signature within the meaning of the Civil Code, this does not mean that it is devoid of any legal value.
Read more
◾Transactions carried out with/by a Monegasque VAT taxable person within the scope of the French e-invoicing and e-reporting system
The French administration has taken a position on the question of the application of the new French e-invoicing and e-reporting arrangements to transactions carried out with or by a taxable person established in Monaco which is not considered for VAT purposes to be established outside France.
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Other publications