The Senate voted on Thursday, as part of Justice Minister Eric Dupond-Moretti’s justice bill, a controversial experiment with “economic affairs courts” (TAE), with expanded powers compared to commercial courts.
The experiment is planned in nine twelve voluntary jurisdictions, for a period of four years. The field of competence of the TAE would extend in particular to farmers and liberal professions.
The text also provides for a financial contribution, no less controversial, in the event of referral to the TAE.
The commercial court, the oldest jurisdiction in France, is competent to judge disputes between merchants and craftsmen but also for business failures.
It is made up of non-professional judges, called consular judges, elected from among merchants and craftsmen.
The experimentation of the TAE is a need clearly identified by the Senate but also by the report of the States General of Justice, declared the Keeper of the Seals.
The senators, mostly on the right, have extended their skills to disputes concerning lawyers and notaries, which the government wishes to exclude, and their field of action all commercial leases.
They opposed the entry of professional magistrates into their composition.
The left has tried unsuccessfully to suppress this experiment. The socialist Marie-Pierre de la Gontrie in particular echoed the great concern of farmers who consider that the current organization is satisfactory. Farmers are now subject to the courts.
Not all farmers are against this reform, retorted Eric Dupond-Moretti, for whom the idea is to better protect them.
Centrist rapporteur Dominique Vrien stressed that farmers would be included among consular judges.
The introduction of a financial contribution was also debated. It derogates from the principle of free justice, said Serge Babary (LR), castigating a new tax which does not say its name and limits access to justice for businesses.
Once is not custom, in this part of the hemicycle we will defend the companies, supported left the communist Pierre Ouzoulias.
For the Minister, it is a question of reinforcing the attractiveness of French justice. He also assured that the contribution will only be due by large companies and for the most important disputes.
The Senate will continue in the afternoon the examination in first reading of the bill of orientation and programming of the Minister of Justice and will continue with the discussion of the organic bill reforming the statute of the magistrates.
The senators will decide on these two texts during solemn votes next Tuesday.