Judicial officers become judicial commissioners
A Judicial Officer is a legal professional to whom the State has delegated prerogatives of public power. In other words, this professional has the power to enforce court decisions.
The judicial officer is also called a ministerial public officer.
The main mission of this professional is therefore the application of court decisions.
With regard to his delegation of power by the State, the Judicial Officer also has the capacity to establish authentic deeds. Indeed, these acts are subject to a particular formalism required by law.
We will see in more detail the functions of this legal professional, the cost of his interventions.
New: since July 1, 2022 the name of bailiff no longer exists, it is now a question of the justice commissioner.
The missions of the Commissioner of Justice
Le justice commissioner regains all the prerogatives of the former Bailiff.
A court decision to enforce
If you present an enforceable title to the Commissioner of Justice, he may proceed to the forced recovery of your debt; (an executory title is a writing which will make it possible to initiate a forced recovery and the public ministerial officer can then proceed to the seizure of the debtor's assets.)
If the situation so requires, the Commissioner of Justice may also carry out evictions allowing you to be able to enjoy your property again.
It is possible that the professional encounters difficulties within the framework of this mission. However, the latter has powerful tools allowing him, as a representative of the law, to enforce court decisions in all circumstances and in particular the possibility of being assisted by the police to act.
The indisputable description of a situation
The Commissioner of Justice draws up what are called official reports which describe, in a neutral and indisputable way, what he observes.
All of the legal means that may be useful for carrying out its mission of observation are accessible to this professional.
The indisputable transmission of information
If you are in a situation where legal proceedings are initiated then the Commissioner of Justice may:
• Personally hand over the summons, (document informing the third party that a lawsuit has been brought against them),
• Personally deliver the service (the court decision rendered).
If you are in a situation that does not concern justice then the Judicial Officer may for example:
• Sell movable property at public sales.
To know: about this particular function of sale, the Macron law of 2015 merged the profession of Bailiff and Auctioneer. (see below for the description of the profession of judicial auctioneers)
How much does the intervention of a Bailiff cost?
For most of the acts carried out by the Commissioner of Justice, the tariff is regulated.
The price will vary according to the type of act carried out, the technicality required and the amount involved.
Acts of information and acts of execution: fees.
Remuneration for acts of information and acts of execution carried out by the bailiff. The emolument, in addition to the meaning of “remuneration” or “salary”, in procedural law, designates more specifically the part of the costs representing the remuneration of judicial officers, the amount of which is fixed by decree.
However, the Commissioner of Justice, for any other intervention such as giving advice, will be remunerated according to the hourly rate that he has set, in other words fees that are set freely by the public ministerial officer.
The Judicial Officer becomes the Commissioner of Justice
Starting the 1er July 2022, the professions of Judicial auctioneer and Judicial officer will merge to give birth to a new and unique profession of Judicial Commissioner.
The decree setting the terms of access to this new profession was published in the Official Journal of the Republic on November 17, 2019 following the creation, by article 20 of the Macron law of August 6, 2015, of this new profession.
What are the missions of a Commissioner of Justice?
All of the missions described above are taken over by the Commissioner of Justice.
The Judicial Auctioneer
The function of bailiff has been merged with that of judicial auctioneer to give the Commissioner of Justice.
The Judicial Auctioneer carried out public and prized auctions prescribed by law or by court decision (sales after judicial liquidations, seizures-sales, realization of pledge), inventories and prizes (judicial reorganizations and liquidation, successions, guardianships, etc. ). The voluntary sales auctioneer carries out voluntary sales of movable property, works of art and collections, industrial equipment or vehicles.
What was the point of merging these two professions
The primary goal was above all to broaden the skills of these two professionals, broaden their field of activity in order to simplify and improve the public service of justice.
Indeed, these two professions have several similarities:
• They both have the status of public and ministerial officer,
• They are both appointed by the Keeper of the Seals
• They both have the right to present their successor
This reform will allow bailiffs to develop their sales activity, judicial auctioneers to execute deeds.
This also made it impossible for the Judicial Officers, from this year 2022, to carry out voluntary sales. It will now be necessary to create commercial structures as they already exist, voluntary sales offices (OVV).
Judicial auctioneers were already proceeding to separate voluntary sales from judicial ones.
Access to the profession by competition
The conditions for access to the Commissary of Justice competition (merger of the auctioneer and the bailiff) are set by the decree of 15 November 2019 relating to the professional training of the commissioners of justice.
This decree sets the level of study required, namely a master's degree in law, as well as those of theoretical training and a two-year internship. Finally comes the final aptitude test.
This competition is organized by the National Chamber of Commissioners of Justice (CNCJ) at least once a year. The file is to be sent via teleprocedure.