Consular judges unhappy with the report of the Estates General of Justice
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A wind of anger is rising in the commercial courts in the wake of the report of the working group on economic justice drafted as part of the Estates General of Justice and published on July 8. An internal note from the General Conference of Consular Judges of France, distributed at the beginning of August to the presidents of the consular regions and that The world consulted, deplores “a shocking, even vexatious reasoning”. More than the avenues mentioned for reform “this justice often perceived as peripheral” by judicial circles, it is the tone of the report which is severely criticized in this analysis, for which Dominique Durand, president of the chamber at the commercial court of Saint-Nazaire (Loire-Atlantique), and Jean-Marc Latreille have been responsible, President of the Commercial Court of Marseilles.
Chaired by Jean-Denis Combrexelle, State Councillor, who became, in May, director of the cabinet of the Keeper of the Seals, Eric Dupond-Moretti, the working group of the Estates General of Justice evokes the criticisms made to consular judges on “the risks of conflicts of interest and the[ur] lack of culture and legal knowledge”. “This report is outrageous, hurtful, denigrating and based on nothingbelieves Mr. Latreille. He brings back these worn-out arguments in vogue at the end of the 1990s, some not supporting that one can be judges without being from the National School of the Judiciary [ENM]. » President of the Commercial Court of Lille Métropole, Eric Feldmann sees to it “a snub, a trial of intent implying that we would be neither competent, nor independent, nor impartial. This is dogmatism, sectarianism”.
“Intellectual communitarianism”
The working group’s proposal to move the commercial courts towards “economic activity courts” is however welcomed in that their competence would be extended to associations, liberal professions and farmers for the settlement of their difficulties. But the Dombrexelle report suggests keeping disputes related to commercial leases and intellectual property within the jurisdiction of the courts. “The argument that civil judges have developed jurisdiction over these disputes is fallacious, because they defer to an expert. Claiming that two weeks of training would be enough for a civil judge to know the business world, while consular judges sometimes have forty years’ experience of economic life, who are we kidding? »laments Mr. Latreille.
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