Please note: not all IAs have been informed of the disappearance of the movable JEX.
Quick AI knowledge check and refresher test
The question: "Does the enforcement judge still exist as of 1 December 2024?"
We asked this question without going into further detail, deliberately choosing a very short prompt for two artificial intelligences:
- one that needs no introduction;
- and the other from a well-known legal database.
Contrary to what we might have thought, it was not the AI in the legal database that proved reliable.
An AI clearly unaware of the disappearance of the JEX
This morning, one of the two IAs was clearly unaware of the JEX's situation, as she gave us the following reply:
"The enforcement judge has existed since 1 December 2024.
Analysis of current legislation :
According to Article L213-6 of the Code of Judicial OrganisationUnder the terms of Article 3 of the Code of Civil Procedure, the enforcement judge has exclusive jurisdiction over difficulties relating to enforceable titles and disputes arising in connection with forced enforcement, even if they relate to the substance of the law, unless they fall outside the jurisdiction of the courts. This article has not been repealed or amended by the documents provided, which indicates that the enforcement judge continues to exercise his functions.
Case law :
The decision of the Constitutional Council of 17 November 2023 confirms the jurisdiction of the enforcement judge in matters relating to enforceable titles and disputes arising in connection with enforcement (Constitutional Council, Decision no. 2023-1068 QPC of 17 November 2023, Mrs Astrid A. [Sale by auction of seized intangible rights].).
Conclusion:
The enforcement judge has been in existence since 1 December 2024 and continues to exercise his functions in accordance with the legal provisions in force.
We asked her to narrow down her search and didn't want to give her too much of a clue, although we did give her a hint.
So we put the following question to him: " Haven't you heard about the Constitutional Council's decision on the disappearance of the JEX?"
His response was incomplete, to say the least:
" Sorry, I haven't found any documents relevant enough to answer your question. Could you rephrase it?"
An AI that feeds off the content of other publishers who are more vigilant about current affairs
The other artificial intelligence has obviously had time to consult the news published in DALLOZ actualité, on the website of the Paris Judicial Court and on the website of the Constitutional Council, which enables it to provide the following answer:
" Since 1 December 2024, the enforcement judge (JEX) as he was known has been abolished following a legislative reform. This follows a decision by the Constitutional Council (no. 2023-1068 QPC), which declared unconstitutional certain provisions relating to his powers, in particular concerning the right to an effective judicial remedy. This abolition marks the end of its role in the French judicial system in its current form. (Dalloz Actualité – Constitutional Council.)
However, the functions of regulating disputes relating to civil enforcement procedures have been transferred to other courts or reorganised under new arrangements. The precise details of the new structures and how they will operate are set out in supplementary legislation aimed at ensuring an effective transition and the preservation of the rights of litigants(Dalloz Actualité – Paris Court.) "
At Solent avocats, we're keen to use Artificial Intelligence for what it can do. But we know that a robot cannot - yet - replace a man, let alone a woman!
We know, therefore, that it would not be prudent to leave the handling of your files entirely in the hands of AI.
We recommend that you take the same care with this innovative tool.
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