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AN OFFICIAL RECOGNITION OF THE “CHILDREN OF THE COUNTRY”

During the public legislative session held on June 30, 2021, the members of the National Council enthusiastically passed the bill n°933 recognizing the “children of the country” and their contribution to the Principality of Monaco’s development.

What is a child of the country?

The sole article of the new law defines of this category of persons, specific to the Principality of Monaco, the children of the country.

A “child of the country” is thus any person of foreign nationality born in Monaco or adopted in Monaco during their minority, who has resided there since their birth or adoption without interruption.

However, persons who were born outside of the Principality due to a fortuitous event or for medical reasons or reasons of force majeure may be exempt from the requirement to be born in Monaco being born in Monaco.

Time spent abroad for studies, trainings, medical treatment or fulfilling military obligations do not constitute an interruption.

Why officially recognize the status of children of the country?

The Principality of Monaco’s will to introduce this term – which was already widely used in practice – into the internal legal order is inspired by public authorities’ desire to preserve a stable social fabric on Monegasque territory by maintaining a non-Monegasque population with deep ties to Monaco.

The elected officials wished to highlight these persons’ special ties with Monaco by officially recognizing this population’s existence without, however, granting it collective rights and thus avoiding unconstitutionality under Article 32 of the Constitution.

And afterwards?

The elected officials’ intention is clear: introduce a general definition of the children of the country into the internal legal system, constituting an essential base for the application of rights in their favor, especially by allowing the legislator to refer to it freely to grant certain unique advantages to these persons who contribute to the development of the Principality as well as to its economic prosperity and influence in the world.

This desire was also recalled during the parliamentary exchanges throughout which the bill 1.006 was referred to at numerous occasions, the same bill that will be put to vote during the extraordinary session of next July 21. This bill relating to the safeguard and reconstruction of premises for residential use falling under the provisions of Act n°1.235 of December 28, 2000, as amended – known as “protected sector” – aims to respond to the greatest concern of the children of the country, namely access to housing.

Authors

Portrait of Christine Pasquier Ciulla
Christine Pasquier Ciulla
Partner
Monaco
Portrait of Justine Mounier
Justine Mounier
Advanced Associate
Monaco