Commissioners of justice

As of July 2022, commissioners of justice will be the public and ministerial officers who replace court bailiffs and judicial auctioneers. They will exercise the competences formerly entrusted to these two professions within the jurisdiction of the court of appeal of the headquarters of their office.

Ordinance No. 2016-728 of 2 June 2016 operates a progressive merger of the professions of judicial auctioneer and court bailiff. This new profession can be practised as of 1 July 2022 and will be exclusive as of 1 July 2026.

Evolution of the number of professionals

Period Court bailiffs Judicial auctioneers
End of 2015 3102 391
Recommendations 2018 - 2020 +202 +42
Recommendations 2021 - 2023 +50 0

Opinions on freedom of (business) establishment and maps

In accordance with the Law of 6 August 2015, amended by the Ordinance of 2 June 2016 as mentioned above, the Autorité issues an opinion to the Minister of Justice on the freedom of (business) establishment of commissioners of justice every two years. This opinion is accompanied by a map that identifies those areas where the establishment of offices appears beneficial to strengthen proximity or the offer of services. The proposed map is then validated by a joint decree of the Ministers of Justice and Economy.

Prior to the entry into force of the status of commissioner of justice, the Autorité drew up separate maps for court bailiffs and judicial auctioneers until their merger in 2022. Since then, it has been developing a single map for commissioners of justice.

 

Judicial auctioneers

 

In its Opinion No. 16-A-26 of 20 December 2016, the Autorité identified 36 free establishment areas in which it recommended the establishment of 41 professionals in two years.

It also made a number of recommendations designed to promote access to offices.

The Decree of 28 December 2017 issued pursuant to Article 52 of the Law of 6 August 2015 validated the map proposed by the Autorité.

Bouton

On 2 December 2019, the Autorité adopted an opinion on the freedom of (business) establishment of judicial auctioneers and a proposal for a revised map of establishment areas, with recommendations on the rate of creation of new judicial auctioneers' offices (Opinion No. 19-A-17).

In a letter dated 22 July 2020, the Government asked the Autorité to develop a new map proposal to take into account the exceptional context created by the COVID-19 crisis and its impact on the economic activity of this profession.

As the Autorité's previous map proposal, prepared in December 2019, predated the outbreak of the health emergency in our country in March 2020, it was unable to take into account the effects of this crisis on the economy of this profession.

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At the request of the Government, which asked it to prepare a new map proposal to take into account the exceptional context and assess the impact of the health emergency on the economic activity of the profession of judicial auctioneer, the Autorité adopted deliberation No. 2021/02 of 28 April 2021, attached to Opinion No. 19-A-17 of 2 December 2019, in which it recommended that no additional offices be created.

The Decree of 20 July 2021 issued pursuant to Article 52 of the Law of 6 August 2015 validated the map proposed by the Autorité.

Bouton

Court bailiffs

In its Opinion No. 16-A-25 of 20 December 2016, the Autorité identified 35 free establishment areas in which it recommended the establishment of 202 professionals in two years.

It also made a number of recommendations designed to promote access to offices.

The Decree of 28 December 2017 issued pursuant to Article 52 of the Law of 6 August 2015 validated the map proposed by the Autorité.

Bouton

On 2 December 2019, the Autorité adopted an opinion on the freedom of (business) establishment of court bailiffs and a proposal for a revised map of establishment areas, with recommendations on the rate of creation of new court bailiffs' offices (Opinion No. 19-A-16).

In a letter dated 22 July 2020, the Government asked the Autorité to develop a new map proposal to take into account the exceptional context created by the COVID-19 crisis and its impact on the economic activity of this profession.

As the Autorité's previous map proposal, prepared in December 2019, predated the outbreak of the health emergency in our country in March 2020, it was unable to take into account the effects of this crisis on the economy of this profession.

At the request of the Government, which asked it to prepare a new map proposal to take into account the exceptional context and assess the impact of the health emergency on the economic activity of the profession of court bailiff, the Autorité adopted deliberation No. 2021/01 of 28 April 2021, attached to Opinion No. 19-A-16 of 2 December 2019, in which it recommended the establishment of 50 new professionals in 22 areas of the country by 2023.

The Decree of 20 July 2021 issued pursuant to Article 52 of the Law of 6 August 2015 validated the map proposed by the Autorité.

Bouton