A new legal profession born of the merger of bailiffs and auctioneers in 2022. Judicial officers carry out essential day-to-day tasks, such as serving documents, enforcing court rulings, taking statements of facts and conducting auctions. This demanding profession attracts determined candidates every year. But how do you get into this multi-faceted regulated profession?
Initial training and entry requirements
Essential qualifications
To enter the profession, a master's degree in law is required. Article 1 of Decree no. 2019-1185 of 15 November 2019 makes this clear. Other diplomas are accepted as equivalent according to the decree of 13 December 2019: any national diploma certifying five years of study after the baccalauréat in legal, economic, accounting or management disciplines.
The entrance exam
Passing the vocational training entrance examination is an essential step. Article 11 of the decree of 15 November 2019 provides a framework for this examination, which includes written eligibility tests and oral admission tests.
The written exam covers civil or commercial law (coefficient 3) and civil procedure, amicable dispute resolution or civil enforcement procedures (coefficient 4). The oral examination includes questions on current affairs, general culture and the law (weighting 3) and on various legal subjects (weighting 4).
Each candidate may sit this selective examination no more than three times.
Alternative access routes
The legislator has provided for exemptions for certain profiles. Clerks with 7 years' professional experience in a judicial commissioner's office may be exempted from the diploma requirement (article 6 of Decree no. 2019-1185).
Former magistrates, law professors, notaries or lawyers who have practised for a fixed period may also be exempted from the entrance examination and initial training (article 38 of the decree).
Voluntary sales operators and sworn merchandise brokers benefit from a special regime. However, they must pass a separate aptitude test.
The training programme
Theoretical training at the Institut national
Initial vocational training takes place over two years at the Institut national des commissaires de justice. Teaching is structured into modules defined by the Order of 19 October 2020 :
- Professional regulations
- Applied civil procedure
- Civil enforcement proceedings
- Evidence and court commissioners
- Buildings and judicial commissioners
- Prised and judicial sales
- Arts and techniques
- Office management
An optional "advanced art" module is offered to students who have completed the compulsory "arts and techniques" module.
Work placement
In addition to their theoretical training, future judicial commissioners must complete a two-year traineeship in an office. At their request, the traineeship can last a maximum of six months in a notary's office, with a lawyer, a chartered accountant or in a company's legal department.
If the trainee is unable to find a suitable place, the National Chamber will automatically assign him or her. This measure guarantees all candidates the opportunity to complete their practical training.
The final aptitude test
The course is validated by the aptitude test, the terms of which are set out in the Order of 19 October 2020. This examination comprises three compulsory oral tests and one optional test.
The first test (coefficient 4) covers civil procedure and enforcement. The second (coefficient 3) concerns auctions, sales and artistic techniques. The third (coefficient 2) deals with professional regulations and office management.
Admission is granted to candidates with an average score of 10/20 or higher. As with the entrance exam, a maximum of three attempts is allowed.
Setting up and running a business
Different ways of working
Once they have passed the qualifying examination, professionals have several options for practising. Article 5 of order no. 2016-728 of 2 June 2016 provides for the exercise :
- Individuals
- In a professional partnership (SCP)
- In a private practice company (SEL)
- As an employee
The status of salaried commissaire de justice, created by the Act of 22 December 2010, enables salaried commissaire de justice to work under the direction of a holder of an office. However, Article 6 of the 2016 Order limits the number of employees to two in the case of a sole proprietor, and to twice the number of associate commissioners in the case of a company.
Acquiring an office
There are three ways to become an office holder:
- Presentation by a predecessor (transfer of office)
- Setting up an office in an area where there is freedom of establishment
- Appointment to a vacant office
For the presentation, the candidate must request the approval of the Minister of Justice by sending his application and the agreements with the holder (article 2 of decree no. 2022-949 of 29 June 2022).
New offices may be created in free areas identified by a map drawn up every two years on a proposal from the Competition Authority. These areas are defined according to demographic and economic criteria (article 52 of Act no. 2015-990 of 6 August 2015).
Developments and specialisations
Judicial commissioners can develop specific skills. Certificates of specialisation exist, particularly in real estate law, intellectual property law and judicial mediation, in accordance with the Order of 8 December 2023.
They may also engage in the ancillary activities provided for in article 29 of decree no. 2021-1625 of 10 December 2021: property manager, insurance agent, mediator. Since July 2024, a new activity of auditing the management accounts of protected adults has been added to this list, according to decree no. 2024-659 of 2 July 2024.
If the professional has the qualifications required by article L.321-4 of the French Commercial Code, he may also organise voluntary sales by public auction through a separate commercial company.
Entering this demanding profession represents a significant personal and financial investment, but opens up a wide range of prospects. A consultation with our law firm can prove invaluable in assessing your career plans and guiding you through the complex administrative procedures involved in setting up in business. We put our expertise at the service of future judicial commissioners to help them secure their path to the profession.
Sources
- Order no. 2016-728 of 2 June 2016 on the status of judicial commissioner
- Decree no. 2019-1185 of 15 November 2019 on the professional training of judicial commissioners
- Order of 13 December 2019 establishing the list of qualifications or diplomas equivalent to a master's degree
- Order of 19 October 2020 setting the training programme for judicial commissioners
- Decree no. 2022-949 of 29 June 2022 on the conditions of practice of judicial commissioners
- Law no. 2015-990 of 6 August 2015 on growth, activity and equal economic opportunities
- Decree no. 2021-1625 of 10 December 2021 on the powers of judicial commissioners
- Order of 8 December 2023 amending the list of specialisation certificates
- Decree no. 2024-659 of 2 July 2024 on the audit of management accounts
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