04
Dec
2025
Legal overview
Criminal law
International and European law
Property and construction law
Civil law
Family law
Labour law
IT and communication law
Personal data
Public law
Family Office
Risks & Compliance AML/CFT-P-C
2025
Legal overview
Criminal law — International and European law — Property and construction law — Civil law — Family law — Labour law — IT and communication law — Personal data — Public law — Family Office — Risks & Compliance AML/CFT-P-C
Monthly Legal Overview (November)
99 AVOCATS ASSOCIÉS is pleased to offer you a retrospective (selection) of legal news in Monaco in November (texts published in the Journal de Monaco, other publications, legislative work) and events concerning its team.
🎄We send you our warmest wishes for the festive season!✨
EVENTS
◾Maeva ZAMPORI interviewed by L'Observateur de Monaco on tenant eviction
Maeva ZAMPORI, partner, detailed the conditions and procedure for evicting tenants in Monaco (special real estate issue).
◾Thomas GIACCARDI interviewed by Monaco Hebdo on the reform of criminal procedure
Thomas GIACCARDI, partner, spoke in his capacity as reporting trustee ("syndic rapporteur") of the Monaco Bar Council on the proposed introduction of guilty plea in Monaco.
◾Participation in the AJ Famille 2025 Symposium
On 14 November, Esther COURIAT, associate of the Family Law Department, attended the 11th edition of the annual AJ Famille Symposium - Family Law News, in Paris.
◾Participation in the Africa Day 2025 Forum
On 17 November, Erika BERNARDI, partner, and Patricia KEMAYOU MENGUE, manager associate, represented 99 AVOCATS ASSOCIÉS at the 4th edition of the Africa Day Forum organised by the Club des Entrepreneurs Monégasques en Afrique (CEMA).
◾Participation in the Monaco Economic Board (MEB) Economic Mission to Saudi Arabia
From 23 to 27 November, Ewelina WASOWSKA, Head of the Family Office Department, took part in the Trade Mission to Jeddah, organised by the Monaco Economic Board (MEB).
◾Conference organised by 99 AVOCATS ASSOCIÉS on "The rights of same-sex couples: a tenable position?"
On 27 November, Sarah FILIPPI and Thomas GIACCARDI, partners, and Rozenn LEBOHEC ICYK, head of the Civil Law Department at 99 AVOCATS ASSOCIÉS, hosted the conference alongside guest speakers Thomas BREZZO, President of the National Council, and Patrice SPINOZI, solicitor at the French Council of State and Court of Cassation.
◾Training session led by Erika BERNARDI for the Association of Women Entrepreneurs of Monaco (AFCEM)
On 28 November, Erika BERNARDI, partner at 99 AVOCATS ASSOCIÉS and Secretary General of AFCEM, spoke on the topic of criminal liability for business leaders.
TEXTS PUBLISHED IN THE JOURNAL DE MONACO
PUBLIC • CRIMINAL
◾Road safety: strengthening criminal penalties
Law No. 1.582 of 14 November 2025 (JDM No. 8774 of 21 November 2025) increases penalties for driving under the influence of alcohol or drugs, modifies the testing regime, and introduces new offences related to refusal to comply, participation in unauthorised races, and repeat speeding offences.
◾Technical inspection of light vehicles, motorcycles and heavy goods vehicles
Ministerial Order No. 2025-646 of 21 November 2025 (JDM No. 8775 of 28 November 2025) updates the list of inspection points characteristic of good mechanical condition and detectable defects, set out in Annexes I and II to Ministerial Order No. 2020-509 of 24 July 2020.
AML/CFT-P-C • FATF • EU
◾Update to the national list of High-Risk States or Territories
Ministerial Order No. 2025-530 of 3 October 2025 (JDM No. 8773 of 14 November 2025) amended Monaco's list of jurisdictions whose anti-money laundering, terrorist financing and corruption control measures are strategically deficient. Additions: Bolivia, British Virgin Islands. Removals: Barbados, Croatia, United Arab Emirates, Gibraltar, Jamaica, Uganda, Panama, Philippines, Senegal.
PUBLIC • IT
◾Qualification of service providers for information system (IS) security purposes
Ministerial Orders No. 2025-611, No. 2025-612 and No. 2025-613 of 12 November 2025, to which the requirements standards are appended (JDM No. 8775 of 28 November 2025), govern the qualification by the Monegasque Digital Security Agency (AMSN) of service providers for IS security purposes, in particular IS security audit providers (PASSI) and IS security support and consulting providers (PACS).
PUBLIC • JUSTICE
◾Judicial reserve and appointment of magistrates to administrative bodies
Law No. 1.581 of 14 November 2025 (JDM No. 8774 of 21 November 2025) strengthens the judicial workforce through the recruitment of reserve magistrates and adapts the rules for appointment to the Monegasque Financial Security Authority (AMSF) and the Seized and Confiscated Assets Management Service.
◾Appointment of a member of the Labour Tribunal
By Sovereign Order No. 11.573 of 11 November 2025 (JDM No. 8774 of 21 November 2025), Mr Patrick GUILLARD was appointed (replacing Mr Cédrick LANARI) as an (employee) member of the Labour Court until 3 October 2027.
◾Appointment of assessors to the Commercial Rent Arbitration Commission (CALC)
Ministerial Order No. 2025-637 of 13 November 2025 (JDM No. 8774 of 21 November 2025) appoints associate judges to the CALC representing owners and tenants of commercial or industrial premises for a term of three years.
PUBLIC • HEALTH
◾Medical assistant practice
Sovereign Order No. 11.581 of 11 November 2025 (JDM No. 8774 of 21 November 2025) updates the conditions for practising as a medical assistant (adding the requirement of no convictions involving deprivation of liberty) and establishes a system for issuing temporary or occasional authorisations to practise for medical assistants from the European Union (EU) or the European Economic Area (EEA).
PUBLIC FINANCES
◾State financial management
The closing of accounts announced by Sovereign Decision of 10 November 2025 (JDM No. 8775 of 28 November 2025) shows a surplus of revenue for the general budget and the Special Treasury Accounts for the 2023 financial year.
LEGISLATIVE WORK
SOCIAL
◾Bill No. 1108 establishing the conventional termination of employment contracts and amending certain provisions of Law No. 729 of 16 March 1963 on employment contracts, as amended, and Decree-Law No. 677 of 2 December 1959 on working hours, as amended (passed)
Bill No. 1108, passed on 26 November, enshrines the conventional termination of permanent employment contracts (CDI) and updates labour law rules (trial period, notice period, part-time work, etc.).
CRIMINAL
◾Bill No. 1118 establishing procedures for guilty plea and criminal agreement (tabled)
Bill No. 1118, tabled in public session on 6 November and referred to the Legislation Committee, provides for the modernisation of criminal procedure and compliance with FATF/MONEYVAL standards through the establishment of two faster judicial mechanisms for natural and legal persons.
REAL ESTATE
◾Bill No. 1117 amending Law No. 1.329 of 8 January 2007 on co-ownership of buildings, as amended (tabled)
Bill No. 1117, tabled in public session on 6 November and referred to the Finance and National Economy Committee, generalises the obligation to open a separate bank account (dedicated to co-ownership) in the name of the co-owners' association for all property managers, whether voluntary or professional.
CIVIL • FAMILY • PIL
◾Draft law no. 273 amending certain provisions of the Civil Code relating to divorce and legal separation (adopted)
Draft law no. 273, adopted on 26 November, focuses on revising the grounds for divorce (removing subjective grounds: fault, illness, criminal conviction, irretrievable breakdown of the marriage) and legalising nuptial agreements concluded in Monaco (based on the Anglo-American pre-nup, mid-nup, post-nup).
◾Draft law no. 272 updating certain provisions of the Code of Private International Law (adopted)
Draft law no. 272, adopted on 6 November, clarifies the exception of international public policy, specifies the law applicable to gifts, removes the provision relating to the forced heirship, grants jurisdiction to Monegasque courts for certain acts of succession, and clarifies the temporal application of the Code of Private International Law.
PUBLIC
◾Draft Law No. 275 on professional journalists (tabled)
Draft Law No. 275, tabled in public session on 26 November and referred to the Legislation Committee, aims to create a legal framework for the professional recognition of journalists (rights, guarantees, ethical duties) via a Monegasque press card issued by an independent commission.
◾Draft law No. 267 on voluntary termination of pregnancy (not converted into a bill)
The end of the legislative process for parliamentary draft law No. 267 was declared and discussed in a public session of the Parliament on 26 November.
OTHER PUBLICATIONS
SOCIAL
◾Guide to leave donation between employees in the private sector
Published on 3 November, the Information Guide from the Department of Social Affairs and Health and the Directorate of Labour provides a practical overview of the rules set out in Law No. 1.547 of 22 June 2023 on leave donation and its implementing Sovereign Order No. 11.492 of 29 September 2025, from the perspective of the beneficiary employee, the donor employee and the employer.
PERSONAL DATA PROTECTION
◾2024 Activity Report of the Personal Data Protection Authority (APDP)
The APDP has published its 16th Activity Report 2024, which traces the evolution of personal data protection in Monaco, presents the key points of Law No. 1.565 of 3 December 2024 and the functioning of the APDP, and provides a report on each mission (defence of the rights of data subjects, opinions on draft legislation, deliberations leading to recommendations, focus on automated processing and related issues, etc.).
AML/CFT-P-C
◾Meeting of the Coordination and Monitoring Committee for the National Strategy to Combat Money Laundering, Terrorist and Proliferation Financing, and Corruption (AML/CFT-P-C)
The meeting of the Committee's first College on 12 November focused on the progress recognised by the FATF Plenary last October, the preparation of the third report and the upcoming deadlines leading to the removal from the grey list (Government press release of 17 November 2025).
◾2024 Activity Report of the Monegasque Financial Security Authority (AMSF)
The 2024 Activity Report (also in English), published on 6 November, identifies strengths and weaknesses by type of AML/CFT-PC obligation and by professional sector, while highlighting the progress made by the three AMSF departments (Financial Intelligence Unit (FIU), Supervision, Sanctions), whose human and material resources have been strengthened in the context of enhanced FATF monitoring.
◾STRIX 2026 campaign
The provisional 2026 calendar, dated 17 November, sets the deadlines for each sector to submit the annual questionnaires relating to activity from 1 January to 31 December 2025 to the AMSF via the STRIX interface.
PUBLIC
◾Inter-University Diploma (DIU) in Monegasque Law: new partnership
On 18 November, a new educational partnership concluded by the Monegasque Institute for Training in the Legal Professions (IMFPJ) opened up the teaching of Monegasque law at Paris-Panthéon-Assas University, following on from Nice Côte d'Azur and Aix-Marseille Universities (Government press release of 21 November 2025).
EUROPE • INTERNATIONAL
◾ECHR: 75th anniversary and chairmanship of the Committee for the Execution of Judgments of the Court
As a State Party, Monaco took part in the formal ceremony celebrating the 75th anniversary of the European Convention on Human Rights (ECHR) on 4 November. Monaco currently holds the chairmanship of the Committee for the Execution of Judgments of the European Court of Human Rights and will take over the chairmanship of the Committee of Ministers of the Council of Europe from 15 May to 10 November 2026 (Government press release of 6 November 2025).
◾UN: Second World Summit for Social Development 2025
Monaco participated in the Summit held in Qatar from 4 to 6 November, which resulted in the adoption of the Doha Political Declaration, renewing the commitment to the three main objectives of social development: poverty eradication, promotion of full and productive employment and decent work for all, and social integration (Government press release dated 11 November 2025).
◾UN: 30th Conference of the Parties to the Framework Convention on Climate Change (COP30) and Monaco's commitments
Monaco participated in COP30, held in Belém (Brazil) from 6 to 21 November, and in the first ministerial meeting of the Intergovernmental Council for Buildings and Climate (ICBC) for a global action plan to decarbonise the building sector. Monaco has committed to reducing its greenhouse gas emissions by 67.6% by 2035 (Article O. 210-1 of the Environment Code) and to stepping up its action in the building, mobility and waste sectors (Government press release of 26 November 2025).
◾UN: 2025 Political Declaration on Combating Human Trafficking (General Assembly), Monaco addresses the issue of sport
The 2025 Political Declaration adopted at the 48th plenary session of the UNGA on 24 November calls for putting artificial intelligence (AI) at the forefront of the fight against trafficking. Monaco focused its intervention on cases of trafficking involving young athletes from West Africa to Europe (Government Press release of 28 November 2025).
◾Space activities: Monaco's participation in the Space4Ocean (S4O) Alliance and the United Nations Office for Outer Space Affairs (UNOOSA) Conference on the exploitation of the Moon
On 12 November, Monaco participated in the first Steering Committee meeting of the S4O Alliance, whose mission is to support the sustainable management of oceans and coastal areas through space data, and then on 17-18 November in the UNOOSA Conference "Lunar Commercial Landscape and Policy Needs" (Government Press Release of 27 November 2025).
◾Alpine Convention: Compliance Committee meeting in Monaco
On 5 and 6 November 2025, Monaco hosted the 39th meeting of the Alpine Convention Compliance Committee (eight member countries) to assess compliance with environmental commitments and strengthen cooperation for sustainable development and the protection of Alpine ecosystems (Government press release of 10 November 2025).
◾Pelagos Agreement: meeting and presidency of Monaco
The 10th meeting of the States Parties (France, Italy, Monaco) to the 1999 Pelagos Agreement was held on 12-13 November in Monaco, which took over the presidency for two years. The Pelagos Sanctuary created by the Agreement is the international maritime area dedicated to the protection of marine mammals and their habitats in the Mediterranean (Government press release of 18 November 2025).
Other publications