International and European law

The law firm GIACCARDI & BREZZO Avocats works for private persons and institutional actors in the issues of private international law, European law (Council of Europe and European Union) and public international law:

• Conflicts of law or jurisdiction (contractual clause, arbitration agreement, international succession …)

• Recognition and execution of foreign judgments and public instruments

• Compliance with the European Union rules applicable to entities located in Monaco (activities and regulation of credit institutions, personal data protection …)

• Respect of international obligations in domestic proceedings (European Convention on Human Rights, international criminal cooperation, extradition, administrative assistance in tax matters …)

• Claims before the European Court of Human Rights

 

International and European law in Monaco

Treaties and international agreements, which take precedence over domestic laws (Revision Court, judgment of 21/04/1980), occupy the second place in Monaco’s legal order after the Constitution of 17 December 1962.

The Principality is a dualistic state: to enter into force in Monaco, treaties and international agreements signed and ratified are subject to a sovereign order making them enforceable.

Particularly in the context of mutual legal assistance in criminal matters (international letters rogatory) and international administrative cooperation, in full expansion in Monaco, the issues related to public international law are frequent (interpretation of international conventions, compliance with the double jeopardy and ne bis in idem rules…).

Since the Principality’s accession to the Council of Europe on 5 October 2004, it is possible to invoke the European Convention for the Protection of Human Rights in the context of domestic remedies, and any litigant has the right, after exhaustion of domestic remedies, to appeal before the European Court of Human Rights.

In the field of banking and finance, Annex A of the Monetary Agreement of 29 November 2011 between Monaco and the European Union provides for the entire or partial applicability of certain regulations and directives of the European Union as soon as they are incorporated into French law (MIFID 2, EMIR, etc.). This raises recurrent questions about the scope of the EU acts for Monegasque credit institutions.

In accordance with Annex B of this Agreement, the Principality also transposes into its domestic law the EU Directives on the use of the financial system for the purpose of money laundering or terrorist financing, in accordance with international standards (FATF, MONEYVAL).

Great vigilance is also required regarding the applicability in Monaco of EU acts containing extraterritorial provisions (e.g. Regulation (EU) No 650/2012 on inheritance, Regulation (EU) 2016/79 personal data protection).

With the presence of 139 different nationalities in the Principality, relations or disputes between private individuals often have an international dimension regardless of their nature (civil, commercial, social …). Issues relating to private international law (determination of the law applicable, conflicts of jurisdiction, recognition and enforcement of foreign judgments) are frequently raised.

Law No. 1.448 of 28 June 2017 codifying the Monegasque private international law rules, responds to the needs related to the internationalization of exchanges and to the diversity of the residents of Monaco (international competence of the Monegasque courts, and applicable law in matters of status and capacity of natural persons, marriage, parentage and adoption, maintenance obligations, successions, contractual and non-contractual obligations).

 

Anne
ROBERT

Our related publications

Digital Principality: Law on Digital Identity

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Digital Principality: Reform of Law No. 1.383 of 2 August 2011 on Digital Economy

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10-11/09/2019 (London) With the participation of Patricia KEMAYOU MENGUE. Event for corporate executives, regulators, legal professionals and business advisors. More information...

Adoption: Amendments to the Civil Code and the International Private Law Code

06/2019 Law No. 1.470 of 17June  2019 amending the provisions of the Civil Code relating to Adoption was published in the Journal De Monaco of 28 June 2019. It cames from the Draft Law No. 920 amending the provisions of the Civil Code on Adop...

70th anniversary of the Council of Europe: Declaration by the Committee of Ministers

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The legitimacy of the Court of Arbitration for Sport (CAS) under Monegasque law

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Eurojuris Practice Groups and Training Days 2019

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Update of Annexes A and B of the Monetary Agreement of 29 November 2011 with the European Union

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Eurojuris International 2019 - IBG Meeting Monaco

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UN HRC: Report on the Third Universal Periodic Review - Monaco

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Contribution to the publication of the European Patent Office "Compulsory licensing in Europe"

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MONACO among the first signatories of the Amending Protocol (CETS No. 223) to "Convention 108"

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Eurojuris International Congress 2018

18/21 October 2018 (Dubai) With the participation of Patricia KEMAYOU MENGUE. More Real Estate law Group's Session: • Real Estate in Dubai • Developer District One at Mohammed Bin Rashid Al Maktoum City International Litigation, A...

Liability of the owner of an internet connection used for copyright infringements (German Law)

Court of Justice of the European Union, Judgment of 18 October 2018, Bastei Lübbe GmbH & Co. KG / Michael Strotzer, Case C-149/17 There is no fair balance between the right to an effective remedy and the right to intellectual property, on the...

Council of Europe: European Convention on Information on Foreign Law (STE No.062)

Sovereign Order No. 7.115 of 14 September 2018 making enforceable the European Convention on Information on Foreign Law, signed in London on 7 June 1968 The purpose of the Convention is “the creation of a system of international mutual assistanc...

ECHR: Extradition to a State where the person concerned incurs a real risk of death penalty

Saidani v. Germany — 17675/18 Decision on inadmissibility (manifestly ill-founded) — 27.09.2018   • Article 2 of the Convention (right to life) and Article 1 of Protocol No. 13 (abolition of the death penalty) There was a real risk t...

ECHR: Home search in the context of a tax investigation (Italian law)

Brazzi v. Italia - 57278/11 Judgement 27.9.2018 [Section I] The domestic legislation, which does not provide for prior judicial scrutiny or subsequent judicial review of a search measure, does not afford sufficient guarantees against abuse or a...

Law against money laundering, the financing of terrorism and corruption

Law No. 1.462 of 28 June 2018 reinforcing the anti-money laundering, financing of terrorism and corruption mechanism transposes the EU's Fourth Anti-Money Laundering and Financing of Terrorism Directive[i] aligned with the revised FATF Recommendation...

Agreements and conventions signed by the Principality of Monaco in tax matters

The Principality of Monaco has signed 36 international agreements and conventions in tax matters, 35 of which are enforceable (Status: 13/09/2018). The Downloadable Version presents in tabular form the object (avoidance of double taxation, prevent...

Meeting TAX DAY 2017 co-organised by KPMG/ItaliaOggi : After the Voluntary Disclosure, between exchange of information and self laundering

12 December 2017 (Milan) Speeches by Thomas GIACCARDI and Sarah BERTOLOTTI about "Agreement Italy-Principality of Monaco in tax matters: exchange of information and group requests". More...

Prevention of money laundering and financing of terrorism

Sovereign Order No. 7.065 of 26 July 2018 amending Sovereign Order No. 2.318 of 3 August 2009 amended, setting the conditions for application of Act No. 1.362 of 3 August 2009, amended by Act No. 1.462 of 28 June 2018 reinforcing the anti-money la...

IBA 23rd Annual International Wealth Transfer Practice Conference: Working globally, planning locally

5/6 March 2018 (London) Presented by the IBA Private Client Tax Committee and supported by the IBA Family Law Committee, with the participation of Patricia KEMAYOU MENGUE. • Cross-border investments • Privacy and constitutional concerns ...

Chambers 2018 Anti-Corruption Guide - Monaco

Contributed by Thomas GIACCARDI, Sophie SCHUMACHER, Eva GROS, Erika BERNARDI. 1. Offences 2. Defences - Exceptions 3. Penalties 4. Whistle-blowing 5. Enforcement 6. Future changes...

Meeting : The New Monegasque Private International Law

5 December 2017 (Yacht Club Monaco) Organized by Giaccardi, speeches by: • Alain FRANÇOIS (Principal Clerk Notary, Henry Rey Notary's Office) about "Matrimonial regimes" • Laëtitia VANDEVELDE (Clerk Notary, Henry Rey Notary's Office) a...

Eurojuris International Congress 2017

12/15 October 2017 (Brussels) Litigation, ADR & Contracts Group's Session about "Judicial and Contractual Mediation". With the participation of Patricia KEMAYOU MENGUE, Guillaume CARDOEN, Benjamin LECLERCQ. More • What is the applica...

International Society of Family Law (ISFL) World Congress 2017

25/29 July 2017 (Vrije Universiteit, Amsterdam) With the participation of Nathalie BLANGERO-BUISSON. "Family Law and Family Realities" More • Do family laws adequately reflect the realities of traditional and non-traditional families? ...

Eurojuris 2017 Practice Group Days

04/07 May 2017 (Lisbon) With the participation of Guillaume CARDOEN. Litigation & Contracts Group's & Banking, Insolvency & Restructuring Group's Joint Session More • Hidden defects • Banking responsibility...

Data Protection Compliance in Monaco

31 March 2017  Project Data Privacy Compliance (DPC)/Cloud Privacy Check (CPC) More Article provided by Thomas GIACCARDI about "The new online preregistration and new modalities for the declaration forms"....

Lexbase Hebdo Edition fiscale (Tax) - Social Contributions on Investment Income under the French-Monegasque Tax Convention of May 18, 1963

October 27, 2016 (n° 674) Interview with Virginie MALNOY. • The French Council of State ruling of September 19, 2016 (3e-8e ch.-r., n° 388899) • Monaco's tax policy (Automatic Exchange of Information - AEOI, Base Erosion and Profit S...

Eurojuris 2016 Practice Group Days: International Litigation and Alternative Dispute Resolution (ADR)

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Baker & McKenzie's Annual Tax & Trust Conference: BREXIT / Common Reporting Standard for financial accounts (automatic exchange of information in tax matters)

October 10/11, 2016 (London) With the participation of Patricia KEMAYOU MENGUE. Speakers from Baker & McKenzie's Wealth Management Group, Corporate Tax Group, Dispute Resolution Group and Global Immigration, Mobility Group, More...

Monaco Business News: The tax agreement with Italy in detail

 July 2015 (nb. 52, p. 12) Interview with Thomas GIACCARDI "The exchange of information in tax matters between Monaco and Italy" More...

 Meeting: Tax Offences and Criminal Prosecution 

June 26, 2014 (Metropole Monaco) Organized by AMCO (Monegasque Association of Compliance Officers)/Academy & Finance Speech by Thomas GIACCARDI “International Mutual Assistance against Tax Fraud and Money Laundering: the Evolving Rul...

 
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