State judicial agent
Victim of a miscarriage of justice? Your rights to compensation
By Raphaël MORENON15 April 2025The Outreau case left a lasting impression: thirteen people were acquitted after being held in pre-trial detention for up to three years. This legal drama, which highlighted the ordeal of the wrongly accused, is a poignant illustration that the legal system is not infallible. Behind the mistakes lie shattered lives, destroyed reputations and lost years. Fortunately, French law provides for compensation mechanisms to repair, as far as possible, the damage suffered by victims. These mechanisms, which are based on the responsibility of those involved in the legal system, are often little known. Understanding your rights is the first step in obtaining fair compensation. Compensation for unjustified pre-trial detention Pre-trial detention, which is often preceded by a gruelling period in police custody, represents one of the most serious infringements of personal freedom prior to any trial. The legislator has therefore established a right to compensation for people who, after having been held in police custody for...
Unreasonable delays in the courts: obtaining redress
Judicial agent of the State, Civil procedureIn France, where the average time taken to obtain a judgment in a civil case exceeds 12 months, and where some cases drag on for years, the question of the responsibility of the State and magistrates for these dysfunctions becomes crucial. These delays are not inevitable. The law recognises that...State liability for judicial malpractice: fundamental principles
Judicial agent of the State, Civil procedureA misplaced investigation file, a deliberation that drags on for two years, an expert report never ordered despite repeated requests... These situations are not simply a matter of annoyance but can constitute a real malfunction in the public justice service. Contrary to popular belief, the state is not immune...No-fault liability of the State: employees and third parties of the justice system
Judicial agent of the State, Civil procedureFrench law provides for two systems of strict liability in legal matters. One applies to employees of the public service. The other applies to third parties. These mechanisms complement the fault-based liability regime applicable to users. Liability towards public service employees The principle of professional risk...Gross negligence and denial of justice: how to assert your rights?
Judicial agent of the State, Civil procedureA lost case file. A judgement handed down three years after the pleadings. A crucial expert report never ordered despite your repeated requests. These situations can constitute gross negligence or a denial of justice. The law then allows you to obtain compensation from the State. But you need to know the precise criteria and...Liability of judges and magistrates: when and how?
Judicial agent of the State, Civil procedureIn 2017, an investigating judge was reprimanded by the Conseil Supérieur de la Magistrature for serious malfunctions in the Outreau case. This rare decision illustrates the complex issue of the responsibility of judges. Our system distinguishes between the responsibility of the State and that of the judge himself. This distinction determines the...Pitfalls to avoid: why legal action can fail (Inadmissibility)
Judicial agent of the State, Civil procedureYou've gathered your evidence, built a solid case, and you're convinced that you're in the right... but the game is far from won. Even before the judge examines the merits of your case, a formidable procedural hurdle can wipe out all your efforts: inadmissibility. An application deemed...The legal mandate of the State's Judicial Agent: who can defend the State in court?
Judicial agent of the State, Civil procedureThe French State is a major player in legal life and regularly finds itself involved in litigation. For a thorough understanding of the origin and essential missions of the State's Judicial Agent, it is crucial to know who can represent it before the courts. The answer is not left to chance:...Exceptions to the legal mandate of the judicial agent of the State
Judicial agent of the State, Civil procedureAlthough the Judicial Agent of the State (AJE) has a monopoly on representing the State before the courts, particularly when it comes to the liability of the State and its judges, there are important limits to this principle. In certain areas, representation of the State is entrusted to other entities. These exceptions may go unnoticed...The State as a subject of law: when the Judicial Agent of the State defends public interests
Judicial agent of the State, Civil procedureWhen the State enters into a legal relationship with a private individual, it becomes a subject of law like any other. This special position requires appropriate representation before the courts. This is where the Judicial Agent of the State (AJE) comes in, whose legal mandate dates back to 1790 and who has been...The rights of the judicial agent of the State and the settlement in legal proceedings
Judicial agent of the State, Civil procedureIn the judicial arena, the State has a single representative: the State Judicial Agent (AJE). This legal representative, often unknown to the general public, has specific prerogatives while being subject to ordinary law. The AJE's power of settlement is a strategic tool for resolving disputes involving the State, particularly those relating to...When the State defends its contentious decisions: hospitalisation, vehicles and civil status
Judicial agent of the State, Civil procedureIn the darkness of a psychiatric hospital room, a man awaits the decision of the liberty judge, a situation that raises questions about the responsibility of the State and its magistrates. At the same time, a family is seeking compensation for an accident caused by a government vehicle. Elsewhere, a person is contesting...When the State is accountable for its actions : Specific litigation before the Judicial Agent
Judicial agent of the State, Civil procedureIn the shadows of the courts, cases are played out in which the State is called to account for its actions. These special types of litigation, in which the public authorities are held to account for their regalian activities, give rise to a law of exception. Here is an analysis of the main cases handled by the Agent judiciaire de...The Judicial Agent of the State: history and essential missions
Judicial agent of the State, Civil procedureBehind the media trials involving the French State lies a little-known but fundamental institution: the State Judicial Agent (AJE). This body has been defending the financial interests of the Republic for more than two centuries. It plays a decisive role in balancing public finances and representing the State before the courts...
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