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The Macron Law shook up the French legal world in 2015. Among its upheavals was the birth of a new profession. Since 1 July 2022, bailiffs and auctioneers have merged. Their heir? The judicial commissioner. This transformation is changing access to legal services for all those subject to the law.
The birth of a profession
The creation of the judicial commissioner is the result of a study begun in 2009 by the Darrois commission. The commission had identified a problem: the confusion felt by litigants when faced with the multiplicity of jurisdictions between bailiffs, auctioneers and court-appointed agents.
Article 61 of Law no. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunity (known as the "Macron Law") made this merger a reality. However, the legislator opted for a gradual transition:
- Order no. 2016-728 of 2 June 2016 set the date for the merger of the two professions at 1 July 2022.
- Practising professionals were required to undergo specific training under Decree no. 2018-129 of 23 February 2018.
- From 1 July 2026, those who do not meet the training conditions will have to stop practising.
The implementation of the professional organisation chart has also been gradual. The National Chamber of Judicial Commissioners has existed since 1 January 2019. It replaced the national chambers of bailiffs and auctioneers.
Status and skills
The judicial commissioner is a public and ministerial officer. Article 1 of the Order of 2 June 2016 defines it as follows its activities :
- Enforcement of court rulings
- Inventories, auctions and public auctions
- Service of documents
- Protective measures after succession
- Court hearings service
This new profession benefits from a significant territorial expansion. Under Article 2 of the Order of 2 June 2016, the commissaire de justice may carry out certain activities throughout France. This is the case for statements of facts, amicable or judicial debt recovery, and certain judicial liquidation activities.
Access to the profession
Order no. 2016-728 sets out strict criteria. For becoming a judicial commissioneryou need :
- Hold a master's degree in law or equivalent
- Passing the vocational training entrance exam
- Take a two-year course
- Passing the aptitude test
Exemptions exist for certain professionals. Clerks with significant professional experience may be exempt from the diploma requirement. Magistrates, law professors and former lawyers may benefit from partial exemptions.
Consequences for litigants
This merger has several advantages:
Extended territorial jurisdiction facilitates access to legal services. A court commissioner may serve a document electronically if the addressee is domiciled within the jurisdiction of the court of appeal where he practises.
Expanded skills simplify procedures. A single profession now covers a wider range of legal activities, from the service of documents to auctions.
The modernisation of procedures, particularly with electronic service, is speeding up the process. Article 662-1 of the Code of Civil Procedure states that service is deemed to have been made personally if the addressee acknowledges receipt on the same day.
Are you planning to use services of a commissioner of justice ? Our firm can guide you towards the professional best suited to your situation and advise you on the steps to take. Prior legal advice can help you avoid many complications.
Sources
- Order no. 2016-728 of 2 June 2016 on the status of judicial commissioner
- Law no. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities, article 61
- Decree no. 2018-129 of 23 February 2018 on the specific training of judicial commissioners
- Code of civil procedure, article 662-1
- Decree no. 2021-1625 of 10 December 2021 on the powers of judicial commissioners
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