French civil procedure has undergone profound change in recent years. Law no. 2019-222 of 23 March 2019 on programming 2018-2022 and reform for the justice system initiated a major upheaval. Decree no. 2019-1333 of 11 December 2019 then gave concrete form to this overhaul. These texts modify the judicial structure and transform the procedural rules. For both litigants and legal professionals, these changes require rapid adaptation.
The creation of the judicial court
The judicial court is the most visible structural innovation. Created by the merger of the tribunal d'instance and the tribunal de grande instance, it simplifies judicial organisation.
Article 95, I, 1° of Law no. 2019-222 created this unified court. Decree no. 2019-965 of 18 September 2019 then substituted the judicial court for the former courts in all regulatory texts.
This merger has concrete consequences:
- A one-stop shop for litigants
- Simplifying the judicial process
- Rationalisation of resources
Civil disputes now come under a single jurisdiction. No more vacillation between the tribunal d'instance and the tribunal de grande instance. This unification avoids misdirections and objections to jurisdiction, which used to slow down proceedings.
New referral methods
The reform unifies the methods of referral. From now on, only the application and the writ of summons will remain.
Unification and simplification
Decree no. 2019-1333 of 11 December 2019 abolished certain specific methods of referral. No more declarations to the court registry or voluntary presentation by the parties. This standardisation facilitates access to the courts.
The summons with "date-taking
The reform generalises the use of summonses with "taking of the date". This mechanism already existed before certain courts. It now extends to all courts.
The bailiff or lawyer must obtain a hearing date before issuing the summons. This procedure avoids fruitless referrals and speeds up the processing of cases. However, it requires closer coordination between legal professionals and court registries.
Proceedings without a hearing
Major innovation: proceedings without a hearing. Parties can now consent to their case being heard without an appearance.
This option is based on a logic of procedural economy. It is particularly suitable for simple or well-documented cases. The parties submit their written submissions and exhibits. The judge rules on this basis.
The explicit agreement of the parties is still required to qualify. The decree thus creates a "tailor-made" justice system adapted to the needs of litigants.
The development of amicable solutions
Traditional justice is expensive. It takes time. The reform therefore promotes alternative methods of dispute resolution.
A compulsory preliminary test
For some disputes, an attempt at amicable settlement is a mandatory prerequisite. Without it, the claim will be inadmissible.
This obligation applies in particular to small claims and certain neighbourhood disputes. The aim is to relieve the courts of their workload and promote consensual solutions.
Litigants must therefore try conciliation, mediation or a participative procedure before going to court. This requirement presupposes anticipation and a rethought process strategy.
A more flexible system for participatory agreements
The participatory procedure benefits from a more flexible legal framework. This procedure enables the parties, assisted by their lawyers, to work together to resolve their dispute.
The decree facilitates the approval of agreements resulting from this process. It also simplifies the implementation of investigative measures within this conventional framework.
These changes are designed to make the participatory procedure more attractive. They underline the legislator's desire to promote justice that is negotiated rather than imposed.
Other procedural innovations
The reform includes other significant measures that are changing the face of civil litigation.
Extended powers for the Pre-Trial Judge
The Pre-Trial Judge can now rule on all pleas of inadmissibility. This extension of jurisdiction speeds up the handling of procedural incidents.
Previously, certain dismissals were referred to the panel. This transfer of jurisdiction simplifies the procedural process and avoids unnecessary delays.
Simplification of pleas of lack of competence
Objections to jurisdiction within the same court have been simplified. A simple referral to the competent court now replaces a more formal procedure.
This pragmatic measure avoids time-consuming debates on internal jurisdiction. It speeds up the resolution of disputes by avoiding dilatory incidents.
An extension of compulsory legal representation
The scope of compulsory legal representation has been considerably extended. In particular, this obligation extends to :
- Summary proceedings
- Expropriation procedures
- Commercial lease reviews
- Certain family proceedings
- Proceedings before the Commercial Court
This extension alters the economic balance of many cases. It guarantees a better defence for litigants but increases the cost of access to justice.
Provisional enforcement by operation of law
The reform enshrines the principle of provisional enforcement of court decisions. Judgments become enforceable immediately, even in the event of an appeal.
Only certain matters are exempt from this rule. Legislative provisions may also provide for optional provisional enforcement.
This new feature radically changes litigation strategy. An appeal no longer automatically suspends enforcement. Litigants must anticipate this consequence when contesting an unfavourable decision.
The practical implications are considerable. A convicted person must execute the decision even if he or she contests it. Otherwise, they risk enforcement measures. If the case is overturned on appeal, they will of course be able to obtain restitution, but this will sometimes take a long time.
These reforms are changing the face of civil litigation in France. Their aim is to make the justice system faster, more accessible and more efficient. They do, however, require greater vigilance on the part of litigants and their counsel.
A lawyer will be able to guide you through this new legal landscape. He will identify the opportunities and risks associated with these new procedures. In a context of uncertain case law, his technical expertise is a decisive asset. Contact our firm for a personalised analysis of your situation.
Sources
- Law no. 2019-222 of 23 March 2019 on programming 2018-2022 and reform for the justice system (OJ 24 March)
- Decree no. 2019-1333 of 11 December 2019 reforming civil procedure (OJ 12 Dec.)
- Decree no. 2019-965 of 18 September 2019 replacing the judicial court
- Code of Civil Procedure, articles 514 to 526 (provisional enforcement)
- Code of civil procedure, article 776 (pre-trial judge)
- OppositionMarie-Emma BOURSIER, Répertoire de procédure civile, Dalloz (2014)
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