The profession of judicial commissioner, born of the merger of bailiffs and auctioneers, is redefining the landscape of enforcement of legal decisions in France. This new profession of commissioner, a public and ministerial officer at the heart of far-reaching reforms, has a complex status, organisation and ethical framework that are essential for anyone subject to the law to understand. This article provides an overview of this profession, from the conditions governing access to it to its liability regime, an area that our colleagues have been working on for many years. expert lawyers in enforcement law They are fully conversant with all aspects of the process, from seizures to inventories and auctions. The specific aspects of these missions, such as amicable debt collection, are covered in detail in our dedicated articles.
Creation and development of the profession of judicial commissioner
The creation of the commissaire de justice is the culmination of a long process of modernisation of the legal professions, aimed at simplifying procedures for litigants and rationalising competencies in terms of enforcement and judicial sales. As a result, the commissioner has become a single point of contact for many procedures.
Genesis and legislative framework of the merger
The idea of merging the professions of bailiff and auctioneer, whose status for bailiffs dated back to an ordinance of November 1945, was officially enshrined in Law 2015-990 of 6 August 2015, known as the Macron Law. The aim was to create a single point of contact for the consequences of debtors' default. The statutory framework was then established by Order no. 2016-728 of 2 June 2016 on the status of judicial commissioner, which formally created the profession of judicial commissioner, a public and ministerial officer.
Key dates and phasing-in (2022-2026)
The transition to this new status has been organised in stages. Since 1 July 2022, the offices formerly held have become offices of judicial commissioners, and professionals who have undergone specialisation training have been able to take on this new title. A transitional period will run until 1 July 2026, by which time all practising professionals must have completed the specific training required, in accordance with the procedures set out in the relevant decree, in order to continue their activity.
Innovative role and specific features of the judicial commissioner
The judicial commissioner is not simply an addition of former skills. His innovative status unifies the profession and redefines in depth the powers and monopoly of the commissaire de justice, This is particularly important in the context of the recent reforms to enforcement procedures. The bill that became the Justice Orientation Act 2023-2027 also provides for the court to manage the attachment of earnings procedure, which is currently the responsibility of the courts.
Conditions of access and training for the position
Access to the profession is strictly regulated and subject to general aptitude requirements and a demanding professional training programme, although there are exceptions to this rule.
General conditions of suitability (nationality, character, age)
Applicants must be of French nationality or a citizen of a European Economic Area country. They must also satisfy the requirements of probity and honour, including the absence of any criminal conviction or disciplinary sanction for acts contrary to public decency. Finally, the profession may not be practised beyond the age of 70, unless exceptionally authorised by the Minister of Justice.
Traditional route: diplomas, entrance exam and initial training
The main entrance route requires a master's degree in law or an equivalent qualification. Candidates must then pass a selective entrance examination to enter the Institut national des commissaires de justice (INCJ), the profession's national training institute. Initial training lasts two years, alternating theoretical instruction and work experience in an office. It culminates in a final aptitude test.
Exemptions and exemptions from examination/training requirements
Exemptions from the diploma, training or examination requirements are provided for certain professionals with significant legal experience. This is particularly the case for former magistrates, notaries, lawyers or experienced clerks who have worked for several years in a commissioner's office.
Appointment process and taking up office
Once the conditions of aptitude have been met, the future judicial commissioner must be appointed by the Minister of Justice before he or she can take the oath and perform his or her duties.
Terms of appointment (nomination, creation or ex officio vacancy)
Appointments are made by order of the Minister of Justice, published in the Journal officiel, the official press of the French Republic. Appointments can be made in three ways: by the presentation of a successor by a retiring office-holder, by appointment to an office declared vacant, or by the creation of a new office. The creation of new offices is governed by an installation map drawn up by the Autorité de la concurrence, which defines free installation zones (aimed at strengthening proximity) and controlled installation zones.
Special provisions for the départements of Alsace-Moselle
In the Haut-Rhin, Bas-Rhin and Moselle departments, access to the profession is conditional on passing a specific test on local law. Appointments there also follow a special procedure involving a dedicated presentation committee.
Swearing-in and installation formalities
Within one month of his appointment, the judicial commissioner takes an oath before the court of appeal of the location of his office. He then signs and initials at the court registry. It is only after these formalities have been completed that they can begin to draw up instruments.
Professional organisation chart: regional and national chambers
The profession is structured around representative bodies, recognised as being in the public interest, which ensure that it operates smoothly, is disciplined and defends its collective interests.
Regional and inter-regional chambers: role and composition
Each court of appeal has a regional chamber of judicial commissioners, which replaces the structures that used to exist for each profession. Composed of members elected by their peers, it represents the profession at local level. Its remit is varied: it ensures compliance with professional ethics, arbitrates disputes between professionals, checks the accounts of offices and deals with complaints from litigants.
The National Chamber of Judicial Commissioners: structure and missions
The Chambre nationale des commissaires de justice (CNCJ), which took over from the Chambre nationale des huissiers de justice on 1 January 2019, is the body that represents the entire profession in its dealings with the public authorities. Its main missions are to organise initial training, prepare the code of ethics, draw up the profession's budget and reconcile disputes between the regional chambers. It also has an economic observatory to analyse data on the profession.
The loan fund: an essential service of the national chamber
Attached to the National Chamber, the Loan Fund is a service whose purpose is to grant loans to judicial commissioners and candidates to the profession to facilitate the acquisition of an office or shares in companies holding an office. It is an internal financing tool for the profession.
Ethics of the profession of judicial commissioner
As a public officer, the commissaire de justice is subject to strict ethical rules, which have recently been modernised to ensure exemplarity and the confidence of litigants.
Development and principles of the Code of Ethics
A new code of ethics, drawn up by the national chamber and made applicable by decree, came into force on 1 March 2024. It sets out the principles and duties that apply to professionals in their dealings with the public, their clients and their colleagues. Probity, independence and respect for professional secrecy are the cornerstones of each act. The detailed content of this text is an essential resource.
The College of Ethics: advisory role and recommendations
A college of ethics has been set up within the national chamber to help draw up the code and issue opinions and recommendations on its application. It may be called upon by the Minister of Justice or professional bodies to clarify complex individual situations with regard to ethical rules.
Preventive measures: handling complaints and injunctions
Before initiating disciplinary proceedings, a complaints handling system is set up at regional chamber level. Conciliation is systematically attempted. The president of the chamber may also issue a call to order or an injunction to the professional to put an end to a breach. These preventive measures are in addition to the possible remedies in the event of misconduct of the professional.
Disciplinary system and applicable penalties
The reform has also modernised the disciplinary system to make it clearer and more effective, with dedicated courts and a clear scale of penalties.
Disciplinary breaches: nature and legal framework
Any contravention of laws and regulations, any breach of professional rules or any act contrary to probity, honour or decency, even if committed outside the course of professional duties, constitutes a disciplinary breach. Serious disciplinary misconduct may consist in instituting proceedings without first ensuring that the validity of a court order or other enforceable title, This is the basis for all enforcement measures.
The investigation department and the disciplinary procedure
Investigation departments, made up of professionals and chartered accountants, are responsible for investigating facts that may constitute misconduct. Proceedings are then brought before specific disciplinary courts: disciplinary chambers in the first instance, and the Cour nationale de discipline on appeal. These courts are presided over by magistrates to guarantee their impartiality.
Disciplinary penalties, provisional suspension and effects
Penalties range from warnings and reprimands to fines and bans (temporary or permanent through dismissal). In urgent or serious cases, a judicial commissioner may be temporarily suspended from his duties for the duration of the criminal investigation or proceedings. Any penalty has an effect on the office of the commissioner of justice; an administrator may then be appointed.
The liability of the judicial commissioner
The liability of the commissaire de justice is most often engaged in the civil enforcement procedures, This is an area where the slightest error can have significant consequences for the parties. It may be contractual or extra-contractual in nature.
Contractual liability and breach of mandate
In relation to his client (the creditor), the commissaire de justice is an agent. He is liable if he commits a fault in the performance of his duties, such as a lack of diligence, an abnormal delay in transactions, or a breach of his duty to advise on the appropriateness of the actions to be taken.
Non-contractual liability towards third parties and debtors
The court-appointed agent may also be liable to third parties, in particular the distrainee debtor. A wrongful or abusive enforcement measure may cause damage that gives rise to a right to compensation. Similarly, he may be held liable if he proceeds to collect a debt while the debtor is still owed money. limitation periods for taking action have expired.
Costs of enforcement and nullity of deeds
A court commissioner who performs unjustified, unnecessary or invalid acts through his own fault may be personally ordered to bear the corresponding costs. This penalty is designed to dissuade them from initiating proceedings lightly or in an irregular manner. The content of his reports is then scrutinised.
Jurisdiction and remedies
Litigation concerning the liability of the commissaire de justice for acts of enforcement is mainly the responsibility of the juge de l'exécution (JEX). For any dispute relating to enforcement, it is crucial to have a good grasp of the powers of the Enforcement Judge, The court of first instance is the natural judge for disputes involving a commissaire de justice. For misconduct committed within the scope of his mandate, the ordinary courts have jurisdiction (for example, the Commercial Court for a commercial dispute).
The status of the judicial commissioner, his obligations and his liability regime are technical subjects with practical implications for litigants. If you are faced with a difficulty in the context of proceedings conducted by a judicial officer, the assistance of a lawyer is essential to analyse the situation and safeguard your rights. Do not hesitate to contact our firm for personalised assistance.
Frequently asked questions
What is a judicial commissioner?
The judicial commissioner is a public and ministerial officer resulting from the merger of the professions of judicial officer and judicial auctioneer. This new profession has existed since 1 July 2022. They have a monopoly on certain activities, such as the enforcement of court decisions and judicial sales by auction.
What are the requirements for becoming a judicial commissioner?
To become a judicial commissioner, you must hold a master's degree in law, pass an entrance examination, undergo two years' training at the Institut national des commissaires de justice (INCJ) and finally pass the professional aptitude examination. For more details, you can consult the dedicated page on the public service website.
Who monitors the ethics of judicial officers?
Professional ethics are governed by a national code. Compliance is monitored by professional bodies, in particular the regional chambers, and by a College of Ethics, which issues opinions. The Attorney General also has a supervisory role.
What disciplinary sanctions are incurred by a judicial commissioner?
Penalties range from a simple warning to dismissal (permanent ban on practising), reprimand, temporary ban on practising (up to ten years) and fines. A temporary suspension may also be imposed for the duration of an investigation.
Can a judicial commissioner be held liable?
Yes, you can be held civilly liable for any fault that causes damage. Liability is contractual towards the client (the creditor who has a claim) and extra-contractual towards the debtor or third parties. The enforcement judge (JEX) is often the competent judge for these disputes.
When will the merger between bailiffs and auctioneers be definitive?
Although the new profession has existed since 1 July 2022, a transitional period is in place. The merger will be fully completed on 1 July 2026, by which time all professionals must have obtained the qualification of commissaire de justice in order to continue practising.
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