The professional organisation and discipline of judicial officers: understanding the workings of a regulated body

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In the shadows of our legal system work the judicial commissioners. These professionals wield considerable powers on a daily basis: they serve documents, enforce court rulings and carry out seizures. The question is: how can we be sure that they are honest and competent?

The legislator has responded with a rigorous professional architecture and a precise disciplinary system, based in particular on the merger of the professions of bailiff and auctioneer. Dive into this structured universe.

The organisational structure of the profession

Regional chambers: the territorial pillars

At local level, the judicial commissioners are organised into regional or inter-regional chambers.

Each court of appeal has a regional chamber of judicial commissioners within its jurisdiction (article 15 of Order no. 2016-728 of 2 June 2016). Their composition varies according to professional demographics:

• 7 members for less than 70 judicial commissioners
• 11 members for 70 to 139 commissioners
• 15 members for 140 to 199 commissioners
• 19 members over 200 commissioners

These chambers carry out a number of important tasks:

• Represent the judicial commissioners in the area
• Check the accounting and organisation of studies
• Checking compliance with anti-money laundering obligations
• Preventing and arbitrating professional disputes
• Giving opinions on liability claims

These missions are essential to guarantee the integrity of the profession and to support the development of the Group.installation and practice of judicial commissioners.

The regional chambers are the first level of discipline. Their chairmen can take administrative measures (call to order, injunction) in the event of misconduct by a professional.

The National Chamber: the central authority

At national level, the Chambre nationale des commissaires de justice, a public body, coordinates the profession as a whole.

Its current composition comprises 47 elected delegates, pending a definitive system in 2026. Its executive committee comprises a chairman, vice-chairmen and other members.

It has a wide range of responsibilities:

• Represent the profession in dealings with public authorities
• Organising initial and continuing vocational training
• Preparing the Code of Ethics
• Settling disputes between regional chambers
• Disciplinary action in certain cases

These essential missions guarantee the responsible and controlled exercise of extended prerogatives of judicial commissioners.

The national chamber also manages the loan fund, a special service that helps finance the installation of young professionals.

Ethical rules: a demanding ethical framework

The Code of Ethics: the foundation of professional ethics

A code of ethics was adopted and implemented on 1 March 2024 by decree no. 2023-1296 of 28 December 2023. It sets out the essential principles governing the profession.

This code covers :

• General duties associated with the position
• Obligations in relations between professionals
• Duties towards the parties and third parties

It applies to commissaires de justice in all their activities, including outside their professional practice.

The College of Ethics: an advisory body

Article 3 of Order no. 2022-544 of 13 April 2022 created a college of ethics. Composed of a chairman, two professionals and two qualified outsiders, it :

• Participates in drawing up the Code of Ethics
• Issues opinions on its application
• Makes recommendations
• Can be consulted on individual situations

Members are appointed for three years by the President of the National Chamber. Until the first renewal, the college must include a former auctioneer and a former bailiff.

Disciplinary proceedings: a rigorous control mechanism

The 2022 reform radically altered the organisation of disciplinary proceedings, offering those subject to trial the possibility of appealing against the decision. recourse in the event of professional misconduct. It is now based on :

Disciplinary courts: a two-tier structure

1. Disciplinary boards (first instance)
   • Established at the regional chambers designated by decree
   • Composed of a judge (chairman) and two court commissioners
   • With an independent investigation department
2. The National Disciplinary Court (appeal)
   • Instituted by the Chambre nationale
   • Composed of a magistrate from the Cour de cassation (chairman), two judges and two court commissioners.

Disciplinary breaches: a broad definition

Article 7 of Ordinance no. 2022-544 of 13 April 2022 defines a disciplinary breach as :

• Any contravention of the laws and regulations
• Any act contrary to the Code of Ethics
• Any breach of professional rules

This definition even covers acts committed outside the course of professional duties.

Disciplinary sanctions: gradation of penalties

Article 16 of Order no. 2022-544 provides for the following penalties:

• The warning
• Blame
• Temporary disqualification (max. 10 years)
• Impeachment (permanent ban)
• Withdrawal of honorary status

A fine may be added to these penalties, up to a maximum of €10,000 or 5% of turnover.

In an emergency or to protect interests, a provisional suspension may be ordered for six months (renewable once).

Remedies: procedural guarantees

Disciplinary decisions may be appealed to the National Disciplinary Court within two months.

A suspended or disqualified commissaire de justice may apply to be reinstated after several years of irreproachable practice.

Protecting the rights of litigants

The disciplinary system provides effective protection for those subject to the law. Anyone confronted with problematic behaviour may submit a complaint to the President of the regional chamber.

This claim follows a precise procedure:

• Acknowledgement of receipt
• Informing the accused professional
• Attempt at conciliation
• If unsuccessful, can be referred to disciplinary court

If you believe that a commissaire de justice has committed a professional misconduct, it is essential to document the facts in detail. The complaint must contain precise identification of the parties, a statement of the facts and all relevant documents.

Before taking any such action, a legal assessment of the situation often helps to identify the most appropriate solutions and to organise an effective defence of your interests. Our firm can help you with this analysis and guide you towards the best strategy..

Sources

• Order no. 2016-728 of 2 June 2016 on the status of judicial commissioner
• Order no. 2022-544 of 13 April 2022 on the ethics and discipline of ministerial officers
• Decree no. 2022-900 of 17 June 2022 on the ethics and discipline of ministerial officers
• Decree no. 2023-1296 of 28 December 2023 on the code of ethics for judicial commissioners
• Decree no. 2022-729 of 28 April 2022 on the organisation of the profession of judicial commissioner
• Order of 22 April 2022 designating the disciplinary chambers established pursuant to Article 11 of Order no. 2022-544 of 13 April 2022

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