03
Jun
2025
Legal overview
Banking and financial law
Criminal law
International and European law
Family law
Labour law
Personal data
Public law
Family Office
Compliance
2025
Legal overview
Banking and financial law — Criminal law — International and European law — Family law — Labour law — Personal data — Public law — Family Office — Compliance
Monthly Legal Overview (May 2025)
99 AVOCATS ASSOCIÉS is pleased to propose a retrospective (selection) of legal news from the Principality of Monaco in May (texts published in the Journal de Monaco and other publications, legislative work), and events in which its associates took part :
EVENTS
◾Eurojuris Practice Groups Meeting in Estonia
At the Eurojuris International Practice Groups Meeting held in Tallinn from 16 to 18 May, our associate Guillaume CARDOËN was appointed to the Board of the IBG (International Business Group).
◾Participation in the economic mission of the Monaco Economic Board (MEB) in London
On 28 May, our associates Ewelina WASOWSKA and Anouchka JOURDAN took part in a Business Networking Breakfast organised by the MEB at the Monaco Embassy in London.
TEXTS PUBLISHED IN THE JOURNAL DE MONACO
COMPLIANCE
◾Modification of the list of States or territories with strategic deficiencies in their AML/CFT-P systems
Ministerial Order no. 2025-219 of 30 April 2025 (JDM no. 8746 of 9 May 2025) places the Lao PDR and Nepal on Monaco's list of jurisdictions subject to enhanced scrutiny, in accordance with the FATF decision.
PERSONAL DATA
◾Appointment of members of the Personal Data Protection Authority (APDP)
Sovereign Order no. 11.220 of 8 May 2025 (JDM no. 8749 of 30 May 2025) appoints the full and alternate members of the APDP for a period of 5 years from 6 June 2025.
◾APDP opinion on the Bill on the protection of whistleblowers
APDP Deliberation no. 2025-8 of 9 April 2025 (JDM no. 8746 of 9 May 2025) gives its opinion on the consultation of the President of the Parliament on Bill no. 987, which provides for the introduction of a general protection framework applicable to private sector employees, civil servants, contractual employees of the State and the Commune, as well as trainees, when they report in good faith information relating to the occurrence of a crime or offence, or a threat or serious harm to the public interest in the health or environmental field.
JUDICIAL
◾Monaco Institute for Judicial Professions Training (IMFPJ)
Orders of the Secretary of State for Justice, Director of Judicial Services no. 2025-10 and no. 2025-11 of 15 May 2025 (JDM no. 8748 of 23 May 2025) set the amounts of fees collected (in respect of training, conferences, colloquia and publications) and allowances paid (to professionals making their contribution, as an ancillary activity) on behalf of the IMFPJ.
PUBLIC
◾Creation of the National Archives Directorate
Sovereign Order no. 11.113 of 18 February 2025 (JDM no. 8749 of 16 May 2025) creates the "Direction des Archives nationales", which is responsible for implementing the State's archival policy, conserving and developing public and private archives of public interest, and managing the definitive archives of executive departments through the Government Archives Service.
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OTHER PUBLICATIONS
EUROPE • INTERNATIONAL
◾Freezing of funds and economic resources
Ministerial Decisions 2025-40 of 20 May 2025 and 2025-41 of 21 May 2025 placed 133 persons and entities on the national list for freezing of funds, in application of the 17th package of European Union sanctions relating to the situation in Ukraine.
◾Practical Guide on Targeted Financial Sanctions (AMSF/DBT)
Published on 8 May, Practical Guide #6 from the Monegasque Financial Security Authority (AMSF), produced in partnership with the Budget and Treasury Department (DBT), provides information for Financial Institutions (FIs), Designated Non-Financial Businesses and Professions (DNFBPs) (compliance elements, indicators of the risk of sanctions being circumvented, case studies, etc.).
◾Committee for Coordination and Monitoring of the National AML/CFT-P Strategy
On 15 May, the Committee's first College met to discuss the next steps, with Monaco's first progress report due to be adopted at the FATF Plenary in June.
◾Concluding observations of the Committee against Torture with recommendations to Monaco
By 2 May 2026, Monaco must inform the Committee of the follow-up given to its recommendations concerning the definition and criminalisation of torture, extraterritorial incarceration and the monitoring of the conditions of transferred detainees, the Office of the High Commissioner for the Protection of Rights and Mediation and the monitoring of places of detention.
◾Joint Commission for Italian-Monegasque Administrative Cooperation
At the meeting on 12 May, the following issues were discussed: cross-investment (organisation of a joint economic forum), the fight against crime (draft memorandum of understanding Guardia di Finanza - Direction de la Sûreté Publique), transport (recognition of Monegasque driving licences in Italy, authorisations for the road transport of goods, development of the 1989 agreement on air services), health (extension of medical care cover for Italian residents of Liguria), social security (payment of family benefits), education (promotion of Italian language teaching in Monaco).
LEGISLATIVE WORK
PUBLIC HEALTH
◾Bill no. 1104 on protection against smoking (voted)
Bill no. 1104, voted on 15 May, adapts Monegasque legislation to changes in the tobacco market, in particular: reinforcement of the protection of minors; legal age raised to 18; extension of places where smoking or consumption of tobacco or related products is prohibited; ban on the manufacture, sale and distribution of disposable electronic cigarettes; ban on the remote sale and acquisition of tobacco products, related products and accessories.
SOCIAL
◾Bill no. 1108 introducing the conventional termination of employment contracts and updating other provisions of employment law (tabled)
Bill no. 1108, tabled on 15 May, introduces the conventional termination of employment contracts, overhauls the trial period and notice period provisions, and provides for the formalisation in writing of employment contracts concluded for a working week shorter than the legal working week or considered equivalent by a collective labour agreement or company agreement.
◾Favourable opinion on the conversion into a bill of draft law no. 262 on the time savings account (CET)
On 28 May, the Government announced the conversion into a bill of draft law no. 262, to be tabled by 5 June 2026 at the latest.
FAMILY
◾Bill no. 1106 on the promotion and supervision of alternating residence for children of separated parents (tabled)
Bill no. 1106, tabled on 15 May, gives the guardianship judge the power to order alternating residence on a provisional basis, even in the event of disagreement between the parents, for a period to be determined by the judge, at the end of which the judge will give a final ruling.
CRIMINAL
◾Bill no. 1107 on various measures to improve road safety (tabled)
Bill no. 1107, tabled on 15 May, amends the Criminal Code to increase penalties for driving under the influence of alcohol or narcotics, extend the scope of testing, toughen penalties for professional drivers, create new road traffic offences and allow for cumulative penalties.
◾Draft law no. 267 on voluntary interruption of pregnancy (adopted)
The draft law no. 267, adopted on 15 May, aims to guarantee access to abortion in Monaco without the need to justify the reason, to provide a longer timeframe for the procedure and to lower the age of parental consent from 18 to 15.
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Other publications