Freedom of establishment
The French law for Growth, Activity and Equal Economic Opportunities of 6 August 2015 (Loi pour la croissance, l’activité et l’égalité des chances économiques) (“Macron Law”) aimed to modernise and improve competition in the regulated professions sector.
The Autorité is now responsible for informing the French government on the regulation of the regulated legal professions, particularly with regard to the rate of establishment of new professionals.
The legislator chose to introduce a freedom of establishment regulated by the public authorities, in order to foster access to offices for graduates while guaranteeing the regional coverage and viability of existing offices.
The professions concerned 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 two years, the Autorité proposes 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 professionals.
As lawyers at the French Administrative Supreme Court (Conseil d’État) and French Supreme Court (Cour de cassation) are all located in the Île-de-France region, the Autorité does not produce any maps for those professions. However, it makes recommendations on the rate of establishment of new offices.
Where are we at?
