Freedom of establishment

 

The French law of 6 August 2015 on Growth, Economic Activity and Equal Economic Opportunities (the “Growth and Activity Law”) was introduced to modernise the regulated professions sector and promote greater competition.

The Autorité is responsible for advising the French government on the regulation of the regulated legal professions, in particular with regard to the rate of establishment of new professionals.

The legislator introduced a system of regulated freedom of establishment, overseen by the public authorities, in order to improve access to offices for qualified professionals while ensuring both adequate regional coverage and the continued viability of existing offices.

The professions covered by this system are commissioner of justice (formerly judicial auctioneer and court bailiff), notary and lawyer at the French Administrative Supreme Court (Conseil d'État) and French Supreme Court (Cour de cassation).

How does it work?

Every five years, the Autorité submits to the French Ministers of Justice and the Economy a map identifying the areas where the establishment of new offices – notaries and commissioners of justice – could improve the supply and proximity of services, and makes recommendations on the rate of establishment of new offices.

Decree 2025-1273 of 22 December 2025 increased the maximum frequency of the opinions issued by the Autorité from two to five years.

Freedom of establishment

As lawyers at the French Administrative Supreme Court (Conseil d’État) and French Supreme Court (Cour de cassation) are all based in the Île-de-France region, the Autorité does not produce any maps for this profession. However, it makes recommendations on the rate of establishment of new offices.