Retrospective of the legislative and regulatory texts adopted in Monaco in June 2022
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GIACCARDI & BREZZO Avocats is pleased to propose a selection of legislative and regulatory texts adopted in Monaco in June 2022.
End of the exceptional scheme for remote working during the Covid-19 period for residents in France and Monaco, and extension for residents in Italy
The exceptional scheme for remote working during the health crisis ended on 31 May 2022 for employees residing in Monaco and France. In order to maintain this mode of work with regard to these employees, the employer must implement teleworking as regulated by Law no. 1.429 of 4 July 2016. Teleworking activity as a usual way of organising work must alternate with periods worked within the company, and may not occupy more than two thirds of the employee’s working time on a weekly basis (26 hours). Teleworking is voluntary, both for the employer and the employee.
On the other hand, this exceptional scheme is extended for employees with their place of residence in Italy. Until 31 August 2022, remote working may still be implemented for all or part of the weekly working time, under the same conditions as those previously applicable.
Ministerial Decision 246 of 25 May 2022 (JDM n° 8593 of 3 June 2022).
Reform of the resale right for the benefit of the author-artist of an original handwritten, graphic or plastic work when resold by a professional
The resale right (“droit de suite”) is specific to the handwritten, graphic and plastic arts. It is the remuneration allocated to authors of original works in this field (original texts of literary or musical works, paintings, collages, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware, photographs, plastic creations on audiovisual or digital media, etc.) when they are resold by an art market professional (auction, sale by art galleries or antique dealers).
Reasons of attractiveness compared to neighbouring countries are at the origin of the reform of the regime and the amount of the resale right which had not been modified since 1981. Monaco has adopted conditions equivalent to those applicable in other European art markets.
The legislator was inspired by Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001, adapting it to the Monegasque art market.
Bill No. 1044 on resale right (“droit de suite”) (adopted by the National Council, public session of 15 June 2022).
Mr. Olivier ZAMPHIROFF, Assistant Public Prosecutor, is acting as interim Public Prosecutor until 31 August 2022.
Mrs Sylvie PETIT-LECLAIR, previously Public prosecutor, has been appointed Secretary of State for Justice, Director of Judicial Services and President of the Council of State, with effect from 1st June 2022.
Sovereign Order No. 9.293 of 10th June 2022 (JDM n° 8595 of 17th June 2022).
Medical monitoring of employees by teleconsultation
The health crisis has led to the deployment in Monaco of remote appointments by teleconsultation.
Just like the town doctor, the labour doctor has the possibility of carrying out the medical examinations necessary for the individual monitoring of the employee’s state of health in accordance with Law n° 637 of 11 January 1958 via teleconsultation, rather than on the premises of the Office of Occupational Medicine.
The purpose of teleconsultation is to allow a medical professional to give a remote consultation to a patient, using a computer, a smartphone or a tablet with a webcam. A telephone call between a medical professional and a patient is not a teleconsultation.
The conditions set out in Sovereign Order 9.190 of 8 April 2022 on telemedicine are applicable to teleconsultation in the context of occupational medicine.
Sovereign Order n° 9.308 of 17 June 2022 (JDM n° 8596 of 24 June 2022).
Reform of the disciplinary procedure for pharmacists with a new mediation phase
The Monegasque legislation concerning the practice of pharmacy has recently evolved with Law n° 1.518 of 23rd December 2021, in order to be as close as possible to the French legislation as prescribed by the Franco-Monegasque Convention of 18th May 1963 on pharmacy.
The regulatory text implementing the new provisions relating to disciplinary procedure has been published.
Among the new features, it is worth noting the introduction of mediation aimed at settling the dispute amicably (following the example of “conciliation” existing in France since decree n° 2012-696 of 7 May 2012). Mediation is triggered when the complaint addressed to the president of the council of the Order of Pharmacists is deemed admissible, and takes place before the matter is referred to the Disciplinary Chamber.
Furthermore, the silence of the text has been remedied with regard to the appeal that can be made to the Supreme Court (Tribunal Suprême), whose jurisprudence has been taken up. Depending on the sanction:
– appeal in cassation against the decision of the Superior Disciplinary Chamber ruling on appeal ;
– appeal for annulment on grounds of misuse of power against the ministerial order issued on the proposal of this decision.
Sovereign Order No. 9.282 of 2 June 2022 (JDM n° 8594 of 10 June 2022)
Combating harassment and violence in schools
Four regulatory texts implementing Law No. 1.334 of 12 July 2007 on education (recently reformed by Law No. 1.513 of 3 December 2021) have been published in the context of the implementation of a comprehensive educational approach to preventing and reducing harassment and violence in schools:
– Definition of the missions of the Delegate for the prevention and fight against harassment and violence in schools appointed by the Director of National Education, Youth and Sport (centralisation of reports, annual report, assistance to schools, etc.);
– Points to be covered in training for school staff (teachers, school management staff, principal education advisers, education advisers, supervisory staff, social and health staff, chaplains, religious instruction teachers);
– Modalities of educational actions with pupils within the framework of subject lessons, in accordance with the official school programmes;
– Modalities of the prevention and fight against harassment and violence plan to be adopted by the Principality’s educational establishments.
For more information > https://gbmlf.com/en/legislative-overview-2021/
Sovereign Orders n° 9.296, n° 9.297, n° 9.298 of 10th June 2022; Ministerial Order n° 2022-327 of 10th June 2022 (JDM n° 8595 of 17th June 2022)
Withdrawal of Bill No. 986 amending the regime of incompatibilities and ineligibilities for national and communal elections
Incompatibilities concerning management functions within the administration were the stumbling block between the Government and the National Council on which a consensus could not be reached, leading to the withdrawal of Bill No. 986.
The disagreement persisted on the list of incompatibilities, as amended by the National Council. On the one hand, the Government considered it necessary to include more sensitive functions (Directors of Economic Expansion, Cultural Affairs, Health Action, Urban Planning and Mobility). On the other hand, the National Council considered it unthinkable that the elite of civil servants should no longer be able to participate in legislative debates, given the specific characteristics of Monaco, considering the risk of undermining the democratic basis by weakening the National Council in its institutional relations.
This reform project is to be linked to the recommendations of the Council of Europe’s Group of States against Corruption (GRECO) in its fourth cycle on the prevention of corruption of parliamentarians, judges and prosecutors. The Interim Compliance Report on Monaco was adopted at the 88th GRECO plenary meeting from 20 to 22 September 2021.
Bill No. 986 amending the regime of incompatibilities and ineligibilities provided for by Law No. 839 of 23 February 1968 on national and communal elections (withdrawn, Public Session of 15 June 2022).
Blockchain. Digital assets. Crypto-assets.
The legislation passed on 30 June 2022 is part of the Principality’s digital transition and complements other texts already adopted in this area:
– Regulation of services on digital assets and crypto-assets (licensing);
– Recasting of existing definitions and changes to terminology;
– Introduction of the concepts of “metavers”, “avatar”, “non-fungible tokens” (NFT);
– Creation of the dematerialised tax stamp.
Bill No. 995 on Blockchain technology (voted, Public Session of 15 June 2022).