The Nantes lawyer behind the appeal regarding the date of early legislative elections is himself a candidate

The Nantes lawyer behind the appeal regarding the date of early legislative elections is himself a candidate

“Someone had to step in to protect the fairness of the election process,” they said Figaro At the head of the administrative action carried out in parallel with the appeal to the Constitutional Council is Bertrand Salquin. A lawyer will appear against a member of the Maine-et-Loire majority.

Le Figaro Nantes

He knows this: he is “a little provocation”. Bertrand Salquin, lawyer of the Nantes Bar, contacted the Council of State on Tuesday evening, during the summary procedure, to order the suspension of the President's decree of June 9. Regarding the date of legislative elections. His colleague Me Gwenola Vauboy's aim is to complement the appeal submitted by a group of lawyers to the Constitutional Council, revealed on Tuesday Le Figaro . In order to approve this urgent procedure in the Supreme Administrative Court, the Nantes lawyer had to justify a “interest in acting”. He found it by running as a candidate in the next election.

“I submitted to prove to the State Council that I was a candidate. Someone has to step up to protect the fairness of the election process.”, explains Bertrand Salquin. Thus, the lawyer is a candidate for the 2nd deputye The electoral district of Maine-et-Loire, which in the south D'Angers where does it come from Territory re-elected in 2022 Stella Dupont – ex-socialist now affiliated in the Renaissance. On the other hand, the novice politician, who says that he will separate his candidacy from the work of a lawyer, says that “Centrist at heart” and declares its autonomy. On the other hand, he finds an obstacle which was the administrative procedures related to his first application.

“The conditions are not equal for all”

In his office in the suburbs of Saint-Herblain from NantesThe lawyer sighs while reviewing thick files of 80 pages of memos intended for parliamentary candidates. “The first candidate has to complete this document, document a number of things, open a dedicated bank account, appoint a financial agent…not to mention the professions of faith that must be sent to the printer from the middle of next week. . These are steps that are simply incompatible with the 20-day deadline for this election, unless you are already an MP or a supporter. In other words, the playing field is not level for everyone.”Introducing Bertrand Salquen with a sigh.

This way of doing things is not what one would expect from a democratic country

Bertrand Salquin, lawyer

According to a request for interim relief filed by his firm, Atlantique Avocats, the reason “ambulance” Conducting the elections provided for by the presidential decree as quickly as possible, within 20 to 40 days provided by the law, will be unreasonable. It is also among the arguments presented by the request Le Figaro Lawyers are particularly questioning the integrity of the president of the republic, who said on Sunday evening that he would consult his prime minister and interior minister. “On the contrary, he comments on the elections on television.” The Cabinet of Ministers also relies on the disclosure of the newspaper the world as for inner circle “The Sorcerer's Apprentice” Those around the president, secretly prepared for the coming collapse. An operation which, according to the lawyers, would be similar “conspiracy” Against parliamentary democracy, in violation of Article 3 of the Constitution.

“This way of doing things does not correspond to what one would expect from a democratic country. Therefore, the request for urgency is disingenuous, supported by Bertrand Salquen. has When the Constitution was written in 1958, the special circumstances under which the word “emergency” was intended were somewhat similar, given that we had just come out. second World War and End of the Fourth Republic . I'm not sure anything like that happened this week, given the agreement between the results and the polls.

The lawyer candidate is expected to return from the state board on Thursday evening. “It can go very fast”assures Bertrand Salquin, who is convinced of the legal merits of the summary freedom order. “If the State Council and the Constitutional Council prove us wrong, it means that they are swallowing their institutional texts. And it wouldn't be the first time.”, the lawyer regrets. Regarding the appeal submitted to the Constitutional Council, the decision of the sages is expected by the end of the week.

Legal assistance from external partners Departmental Council of Somi

Legal assistance from external partners  Departmental Council of Somi

In order to respond to the challenges of preserving water resources, the Department of Somme has established a “Water Plan”, which translates into specific actions aimed at organizing the vigilance of water use, optimizing its availability and allowing all Samaritans to save money on taxes. . The department's assembly voted on two new measures: help with the purchase of rainwater collectors and the department's distribution of “water saving” kits.

Helps the Samaritans reduce water consumption

To strengthen the department's efforts to implement national prevention goals by limiting water withdrawals, two new measures are being implemented to support the Samaritans:

Department assistance for installation of rain water collectors

The aid aims to finance:
· Purchase of a rainwater collector above ground or buried, not less than 200 liters for equipping the main residential house;
· Purchase of an underground tank of at least 2000 liters for equipping the main residence.

Aid is intended for persons whose primary residence is in the Somme, subject to resource conditions. Only one allowance is given per tax family.

The purchase must be made after January 1, 2024. It is 50% of the cost including purchase tax, within the limits of:
· €150 for the purchase of an above-ground or buried rainwater collector of at least 200 l.
· EUR 500 for the purchase of a minimum 2000 l underground tank

More information here.

Distribution of “water saving” kits

From June, the department will distribute hydro-economic kits.
This set consists of:
· 3 regulators for installation on standard faucets
· 1 bag to reduce water consumption in the toilet
· 1 flow reducer gasket for shower

Easy to install, this device allows you to save about 50% of water. By 2024, the department offers 3,000 sets. They are prioritized for groups identified by the department's social teams and its partners involved in housing:
· Beneficiaries of Housing Solidarity Fund (FSL) assistance for unpaid water bills;
· Families supported by social and family economy advisors within the budget education mission;
· Families benefiting from social support related to housing for specific actions approved by the department's teams and its partners.

The kits will be delivered within 22 hours Departmental Solidarity and Integration Centers (MDSI).

In addition, to further support this environmentally responsible initiative, interested Samaritan households will also be able, upon pre-registration and subject to availability, to subscribe to this approach.

The services of the department will carry out an evaluation after one year to measure the evolution of consumption with the help of the beneficiaries who will have to provide information about the consumption of drinking water before and after the introduction of the “energy saving” kit. water”.

All information is available MDSI or By clicking here.

Two specific actions that complement actions already taken by the department

In addition to these new measures, the department operates within the framework of the main water cycle to optimize river management and support project owners responsible for river management, as well as improving the quality of the water environment.

The department is also committed to preserving the natural environment, always with the aim of preserving the resource, in particular through the restoration of landscape elements (fences, grass strips, meadows, etc.).

In addition, the department carries out educational activities, such as the establishment of “eco-delegates” in Somme colleges, or the distribution of an information booklet on water use through education.

For Stéphane Haussoulier, President of the Somme Departmental Council, “ Conservation of our water resources is more of a critical issue that concerns us all. Be it for agricultural irrigation, industrial needs or simply the needs of nature, the department should act and be the agent of its proper maintenance. In 2023, credits were received for limiting water use in our buildings, installing aerators on faucets, strengthening consumption monitoring, collecting rainwater, and hunting for water leaks. With Frank Beauvarles, Vice President in charge of Environment and Environmental Transition, the two new systems we are putting in place for Samaritans will allow this dynamic to continue. What's good for the planet is good for the wallet! We help the Samaritans, especially the most needy, to limit their consumption and reduce their taxes accordingly. »

Lawyers are demanding the right to receive clients regardless of the curfew before the State Council

Lawyers are demanding the right to receive clients regardless of the curfew before the State Council

The curfew decree did not include an exception that would allow people to access a lawyer. The profession has decided to challenge this text before the Council of State as part of a summary procedure discussed this Thursday.

UlyssePixel / AdobeStock

Thursday, February 25 at 3:00 p.m. Lawyers in the State Council demanded the opportunity to receive their clients despite the curfew. A temporary relief against the text preventing them from doing so was initiated by the Montpellier lawyer, then joined by the Conference of Presidents, the National Bar Council (CNB), the French Lawyers Union (SAF), the National Federation of Young Lawyers. connections (FNUJA), as well as about ten bars, including Paris, Seine-Saint-Denis, Toulon and Martinique. The session is one judge, presided over by Fabien Reynaud.

The right to an effective remedy and therefore the right to see your lawyer

The subject of the dispute to be resolved is the following: in the face of the second wave of the epidemic, the Prime Minister first issued a general detention (decree of 29 October 2020), during which it was possible to get to his lawyer by diversion. then at 8 pm (decree of December 14, 2020) and finally at 6 pm (January 15, 2021 No. 2021-031). It is the latter that lawyers object to, because the text does not include an exception that allows the parties to refer to their lawyer. However, their clients most often have work that prevents them from coming during the day. Attorneys, on the other hand, are often in court at authorized times. As a result, only meetings at the end of the day are suitable for everyone. What the curfew does not allow anymore. The profession therefore believes that the text violates the right to effective recourse, which implies the possibility of defense by a lawyer.

If the lawyer of Montpellier is at the head of the complaint, it is because their prefect first interpreted the text as authorizing lawyers to receive their clients before withdrawing. Other departments, including Bouches-du-Rhone, suffered the same fate. Therefore, the first question of the President, Fabien Reynaud, to the government representatives:

– How should we understand the text?

— The government agreed not to use the second imprisonment exception. The curfew applies to non-professional travel to see a lawyer,” replies Jean-Francois de Montgolfier, director of civil affairs and seal at the Chancellery.

But, he explained, lawyers can work outside of this as part of their professional activities, and receive clients or travel to their homes as they require on a professional level. And the representative of the Ministry of Justice recalled that at the General Assembly of the Conference of Presidents, on January 29, the Minister of Justice himself stated that he was not in favor of granting the idea of ​​release to lawyers.

“- How to evaluate professionalism? asks the president. An employee who has a dispute with an employer and wants to consult a lawyer, is he a professional or not? If the answer is no, which seems to me to be the case, the employee who initiated the lawsuit is not in a professional context, but by the same token the business manager is in a professional situation… we get it, but still. A bit strange.

— The concept of professional is cardinal to many legal rules, for example in tax or consumer law, it is often the criterion that leads to the application of a legal rule. That’s why we chose him, explains Jean-Francois de Montgolfier. “In practice, the policeman does not have to check why we are going to visit a lawyer, but whether we are traveling professionally,” he explains.

“Justice is currently two-tiered”

Sophie Mazas of the Montpellier bar protests: “The family of a foreigner placed in a detention center cannot bring them their documents after curfew, but the prefecture will be able to convey their arguments.” The president of Montpellier, Nicolas Bedel de Bouzareinges, goes above and beyond by calling for urgent procedures: “A battered woman is not a professional, a foreigner is not a professional, an employee is not a professional, someone arrested who appears in court the next day is not a professional… This discrimination is on the one hand professionals and on the other hand it is unhealthy among the poor. At the moment, justice is two-tiered.”

Paul Mathonet, attorney representing all parties and stakeholders, says:

“The lawyer’s profession cannot function without a physical interview in the office. How can parties get home with a lawyer between 6am and 4.30pm? As it stands, this is impossible, but if there is no access to lawyers, there is no justice.

“-If we are talking about noting that the exercise of rights is more difficult than we usually agree, Jean-Francois de Montgolfier laments. These measures are mandatory.”

But he notes that the government fixes them almost daily. “Files can come back, it does, the question is whether a 12 hour period a day is a disproportionate impact.”

President Reynaud continues to study the matter. He sees the problem of access to justice and wonders what the consequences of meeting the demands of lawyers will be, but also points to the issue of equality.

“We are doing what we can to avoid new imprisonment, which will have far more serious consequences than what we are talking about here,” explains Jean-Francois de Montgolfier. He then goes on to remind us that the way everyone works has changed over the past year, which is a reality and a limitation (meaning that lawyers have to get used to it too). And suddenly he attacks, “Some of the things we’re talking about don’t cut into the lawyer’s schedule, they take a day to go there.” For him, the schedule does not hinder the litigants, but the lawyers. The agitation and anger on the part of the applicants is palpable. Undeterred, the director continues his argument that medical privacy, the most protected of all but defense privacy, does not prevent “thousands of medical consultations via video conference, it’s less good, but it’s done.” And clarification: “The only legal prohibition of remote intervention by a lawyer is divorce by mutual agreement.”. We have left time at 12 hours a day, and it seems to us that this is not a disproportionate limitation..

“Without justice, society will become ultra-violent”

Sophie Mazas, from the Montpellier bar, speaks again: “A lawyer is a human being, being a lawyer means meeting a person who has problems, solving them, going to the magistrate. “Justice is a peaceful method of settling disputes, without justice the society will become ultra-violent,” he warns.

Lucy Dillenschneider, also from the Montpellier bar, argues: “We don’t see why an individual would have caused the outbreak of the pandemic and not a professional. This discrimination is not justified.”

Gérard Cholakian, who represents the CNB, warns “the function of justice continues unlike the first detention, so we must find a solution to guarantee the right of access to a lawyer.”

Obviously, lawyers feel wronged or abandoned by their supervising ministry and things go badly. I Mathonnet in turn objects. “I am very shocked to hear that lawyers are making so much noise about not so much.” The time period is insufficient for him, because he cannot receive the entire criminal bar during the day, and even more so, it is also incompatible with extraordinary proceedings. However, the government warns that the crisis is likely to continue and worsen. “The situation in the offices is unbearable, we cannot tell the court that they will have to wait a little, the magistrates are not going to wait, they are going to judge, so the measure is serious.” And finally he asserts: “The travel ban only makes sense if we prevent travel, so the administration’s logic is that you don’t need to go to your lawyer.” It is always necessary to visit a lawyer, there is no convenient appointment.”

The debate is coming to an end. At the request of the President, Valentin Raguin, head of the Defense Department of the Ministry of Health, is doing the analysis. Not surprisingly, he notes the government’s desire to limit the flow of population. However, according to his explanation, the further we advance the curfew time, the more efficient we are. It’s either new imprisonment, but high levels of pollution and concerns about options make the situation very tense. At the moment, everyone thinks that the Prime Minister should intervene on this topic at 18 o’clock…

President Reynaud adjourned the hearing at 4:20 p.m. He will issue his order, he says, “early next week.”

The outcome of this dispute cannot be predicted. On the one hand, it is difficult to understand the disparity between professionals and individuals in terms of access to lawyers. More seriously, individuals actually find it difficult to see a lawyer, even though justice is functioning normally, creating a gap to the detriment of defense rights. On the other hand, the threat of an epidemic still looms, especially as few options emerge, and the government is trying to contain it by imposing a restriction that it considers overall much more tolerable than a lockdown and, moreover, a limited time. Therefore, it seems especially difficult to know which way the scales will tip.

Confidentiality of Consultations with Corporate Lawyers: Vane's Lawyer vs. the Law

Confidentiality of Consultations with Corporate Lawyers: Vane's Lawyer vs. the Law

This is the proposed law that Vannes Bar lawyers do not want. This Tuesday, April 30, the National Assembly will discuss a law aimed at guaranteeing the confidentiality of legal advice given by in-house lawyers. The Senate has already passed it. But the Vannes Bar, like 163 other provincial bars, accepted the petition against him.

“Breach of equality between litigants”

“Such a law seriously and dangerously undermines the essential principles of not only the legal profession, but also the equality of all before the law,” he believes. Delphine Dejoy-Roussel, President of the Vannes Bar. Lawyers fear the consolidation of business secrets and believe that this text “will create a violation of equality between litigants depending on whether they are in a company with a lawyer.”

Lawyers are particularly concerned that it will be difficult for employees to produce internal documents, face industrial tribunals, be under cover of secrecy and the possibility of “indicting whistleblowers who undermine this new internal secrecy”. They still see “unfair competition against business lawyers” and an open door to “corporate lawyer” status, which the profession opposes.

(tags translated) Vanes

No money for a lawyer – so you can always get help

No money for a lawyer - so you can always get help

Many people are reluctant to consult a lawyer because they fear high costs for legal advice and defense. If you cannot afford to hire a lawyer and can prove it, legal fees may be covered.

Even without money, help from a lawyer

If you cannot afford a lawyer, you can apply for a certificate of counseling from the local court.

  • The Advisory Assistance Act states that people with little money can obtain assistance from a lawyer through the advisory certificate. Little money means that after deducting certain allowances and monthly expenses, such as rent, taxes and heating costs, you are left with a maximum of 15 euros per month.
  • You can apply for the notice certificate from the local court. The best way to do this is to make an appointment with your local district court.
  • You must bring your bank statements and other financial documents, such as a Hartz IV certificate, with you to your appointment to prove your financial situation. Your ID card is also required.
  • If your consultation request is approved, bring it with you to the first consultation with your attorney. With this certificate, the first consultation in a criminal case is free.
  • In other cases, for example in labor law or civil law, even all extrajudicial services provided by the lawyer. You only have to pay the lawyer 10 to 15 euros out of your pocket.
  • You can present the consultation certificate up to 4 weeks after consulting the lawyer.

Legal aid for financial assistance in the event of a lawsuit

If your case cannot be resolved amicably and/or a lawsuit has already been filed, a certificate of consultation is unfortunately not sufficient. You must then request legal aid.

  • Whether the Public Treasury covers legal costs on your behalf depends on many factors.
  • In principle, anyone can apply for legal aid. If approved, both court costs and attorney fees will be covered by the state in labor and civil law disputes.
  • If your case is a criminal matter and you are charged, legal aid will generally not be granted.
  • In family matters and in cases of voluntary jurisdiction, legal aid is called legal aid.
  • The limit of 15 euros per month also applies to legal aid. This means that after deducting rent, tax reliefs and certain other expenses, you may have a maximum of 15 euros left to stand a chance of being eligible for legal aid.
  • If you lose the case, you may have to pay the opposing lawyer's fees, even if you have approved legal aid.

Legal protection insurance to cover costs

If you have a regular income, you should consider taking out legal expenses insurance.

  • Legal protection insurance can cover various areas such as private or professional disputes, but also cases related to traffic, housing or rentals.
  • If you take out legal expenses insurance, you must find out in advance what costs are covered by the insurance.
  • Depending on the level of legal expenses insurance you have, costs may vary. You can benefit from a fairly wide range of legal protection insurance from certain providers from 32 euros per month.

Find legal protection insurance now in the Focus-Online comparison!

Missions of the National Bar Council

Rules and customs of the legal profession

Legal missions

The National Bar Council received very specific missions from the law.

Unification and development of the rules and practices of the legal profession

In compliance with the applicable legislative and regulatory provisions, the rules and practices of the profession are unified by normative decisions published in the journal.

For this purpose, the National Bar Council established the National Internal Regulations (RIN) which standardize in particular:

  • ethical principles of the profession,
  • areas of activity,
  • exercise regimens,
  • interprofessional collaboration,
  • Relationship between attorneys belonging to different Bars.

Organization of initial and continuous training of lawyers

The National Bar Council is responsible for the training of lawyers. To this end, he is responsible for:

  • Determination of organizational principles of initial training and harmonization of programs,
  • Determine the conditions for continuing the training of lawyers,
  • coordination of various activities of regional vocational training centers,
  • Determining, collecting and distributing professional contributions and state contributions among regional vocational training centers,
  • Determine the terms and conditions for receiving specialty designations.

Decision on admission of foreign lawyers

The CNB decides on applications for admission by foreign lawyers from outside the European Union or the European Union who wish to become members of the French Bar on the basis of art. 99 and 100 of the resolution of November 27, 1991.

Admission of foreign lawyers

Representation of the legal profession in France and abroad

In addition to the missions assigned by law, the National Bar Council strives to represent the entire profession before public authorities, promote it to the general public and ensure its international influence.

Influencer with public authorities

Interlocutor of public authorities in legal and judicial matters and engaged in a proactive approach, CNB participates in legislative and regulatory reforms.

With public authorities, it carries out two types of influencing actions:

  • lobbying for the development and evolution of standards (laws, writings, regulations, directives) to protect the interests of litigants and citizens;
  • Lobbying to protect the interests of the profession.

These lobbying actions proposed the representation of the lawyer before the Constitutional Council (priority issue of constitutionality), the creation of the Lawyer's Act, the development of the MARD, making the lawyer a center for amicable dispute resolution (mediation, participatory procedures, cooperation). law).

Promoter of the profession to the general public

The National Bar Council promotes lawyers to the general public and businesses through participation in information and communication campaigns and events.

A vector of international influence of the profession

The National Council of Lawyers has created a special commission since its creation, aware of the international and European issues of the profession.

The CNB is responsible, in cooperation with many organizations, to protect the interests of the profession in the international arena (European Commission, International Bar Association, European Bar Council, OHADA) and to share its values ​​(human freedoms and rights. , fight against the death penalty, defense protection), ensuring the representation of the French lawyer abroad and Promote the establishment of French law firms abroad.

Funding campaigns of the Upper Austrian specialist group

Funding campaigns of the Upper Austrian specialist group


Washing hygiene scholarship

The high hygiene standards of washing stations, gantries and lances protect the health of customers and staff. To ensure that this continues to be guaranteed, we are working on the ÖNORM B 5022 Edition: 2020-01-01 collaborated. Although it is not a law, it nevertheless ensures effective monitoring of legionella and has been in force since January 1, 2020. This is important for car wash operators: in case of suspicion of legionella , they are only released from liability if the system is verified every year. Such incidents are rare, but have happened before: around 2018, several car washes were officially closed after a suspected case of legionella. An annual inspection can prevent this and also frees the operator from accusations of negligence!


Purpose of financing

From July, the specialist group will make professional car wash checks carried out in 2023 and 2024 (invoicing date starting in July 2023) available to members of the specialist group in accordance with the specifications of the STANDARD B 5022 by external specialists against proof of invoice a subsidy of €100 per audited site in Upper Austria.

The financing budget of the specialized group the amounts €10,000. Funding will be provided until the funding budget is exhausted in the order in which the funding request is received by the Specialist Group. The funding request can only be submitted after verification.

application

Financing for invoices from 2023 must be requested no later than January 15, 2024. Financing for invoices from 2024 must be requested no later than January 15, 2025. We will inform you in the specialist group newsletter if the financing budget is about to be exhausted. There is no legal right to funding.

to the financing request

Such checks are carried out, for example, by the following institutes:

TÜV Austria, Saubermacher, Kalb Analysik (Vbg.), Sewis, TÜV Süd (all of Austria), HYGIENICUM ® GmbH (Graz)


Funding for WIFI courses/first aid courses (educational funding)

Training but also constant improvement are essential to succeed in today's economic life. Whether it is specialist knowledge, industry-specific skills, numeracy, accounting, payroll, marketing or personality development. This of course also applies to our sector. The specialist group has therefore decided to grant special educational funding to its member companies for 2023 and 2024. Funding can be received both for the continuing education of the entrepreneur himself and for that of his employees.

Specifically, from July 2023 in the years 2023 and 2024 all WIFI courses with understandable and industry-related usage optionsas well as first aid training of 4, 8 or 16 hours based on courses developed by the Red Cross, supported by the specialized group.

THE Financing budget the specialized group is 10,000 € Financing level 50% of WIFI-course fees or 100% for first aid traininglimited to max. €350 per business location of the specialist group member in Upper Austria. Funding will be provided until the designated funding budget is exhausted, in the order in which the funding request is received by the Specialist Group.

to the financing request


Promotion of legal advice for gas station companies

A change to the gas station contract is imminent. What do the new clauses mean specifically for my business? How can I secure my claim for compensation in the event of termination of the gas station contract? Two of the many cases in a gas station business in which thorough legal advice is particularly important.

In order to guarantee you the best advice, the specialist group covers, upon request, part of the legal consultancy costs of the filling station companies in Upper Austria in the context of the conduct of their business.

Concretely, the specialized group of garages, gas stations and service companies takes over on request. Legal advice fees of Upper Austrian filling station companies currently members in the course of business selected trusted lawyers the specialized group. However, no legal proceedings must be pending in this regard and no legal protection insurance must cover the costs incurred. Funding is on a total basis €15,000.00 In the years 2023 And 2024 (accounting date) limitwhereby, after presentation of the fee bill of the court-appointed lawyer 50% THE consultancy fees, maximum However €500.00 be taken back. Only one financing request can be made per year for a commercial location. For legal entities with several sites, financing is limited to a total of 3 financing files per year.

Take advantage of this offer!

to the financing request


Profitability monitoring for gas station operators and service companies

Do you operate a service station (for at least 3 years) and would like to have your results analyzed by a professional? Are you considering taking over a new/additional station or are you considering changing locations? Your specialist group from Upper Austria will be happy to support you with sponsored advice.

for monitoring the profitability of service station operators

Profitability control for service companies

Are you a service entrepreneur (for at least 3 years) and would like your results to be analyzed professionally? Would you like to know what your minimum turnover should be or receive precise suggestions and advice for calculating your service? Your specialist group from Upper Austria will be happy to support you with sponsored advice.

for monitoring the profitability of service companies

Public consultation – lawyers in the State Council and the Court of Cassation

Public consultation - lawyers in the State Council and the Court of Cassation

The law provides for the review of the recommendations of the State Council and the Court of Cassation on the establishment of law offices at least every two years.

Today, the authorities are starting the procedure provided for in Article L. 462-4-2 of the Commercial Code in order to develop and revise a new conclusion on the freedom to appoint lawyers in the State Council and the Court of Cassation. Recommendations regarding the creation of offices.

The law actually provides that these recommendations are formulated “ To improve access “In these offices,” It is made public at least once every two years “. This mission of the government derives from the provisions of Article 57 of Law No. 2015-990 of August 6, 2015, aimed at growth, activity and equal economic opportunities (known as the “Macron Law”).

FYI, last review1 In connection with this profession, it was published in St Official Gazette from 1is November 2018. The government recommended increasing the number of lawyers of the State Council and the Court of Cassation from 64 to 68.

Thus, by order of the Minister of Justice, the Keeper of the Seals, four additional offices were created2 and after the advice of a commission established by statute3allocated by decree4 Three professionals practicing individually and a professional civil partnership with two partners.

In total, since the entry into force of Macron's law, the recommendations made by the authorities in 2016 and 2018 have allowed ten new liberal professionals to pursue this career in the created office.

A public consultation to clarify the government's new recommendations

A public consultation is underway today to review the 2020-2022 recommendations. The following are invited to participate: practicing lawyers of the Council of State and the Court of Cassation (including post holders), any person who meets the conditions necessary for the exercise of this profession (in particular, candidates for installation), representative bodies of the profession, approved consumer associations, associations, professional groups and unions , as well as any other person who believes they have an interest in participating in this consultation. . The various inputs thus collected will be useful for the analysis carried out by the authorities.

The authorities have identified several important issues that stakeholders are invited to comment on:

  • feedback from the lawyers of the newly established State Council and the Court of Cassation;
  • the impact of the installations on various stakeholders (existing professionals, office clientele, courts);
  • Appointment procedure in the created offices;
  • access of women and young graduates to the profession;

Contributors are invited to respond to the questionnaire, which is available online by clicking the link below, by April 9, 20205.

LIndividual responses to this questionnaire are confidential. Only aggregate and anonymous results are expected to be published.

1Opinion No. 18-A-11 of October 25, 2018, concerning the freedom of establishment and recommendations on the creation of law offices in the State Council and the Court of Cassation. JORF n° 0253 from 1is November 2018.

2Order of March 22, 2019, JORF n° 0071 text no. 10.

3Article 27 Decree No. 2016-652 of May 20, 2016 Changing the conditions of access to the profession of a lawyer in the State Council and the Court of Cassation.

4Orders of May 28, 2019, JORF n° 0126 from 1is Text No. 101 of June 2019 etc JORF n° 0128 of June 4, 2019 text no. 46and orders of December 11, 2019, JORF No. 0288 of December 12, 2019 57 etc 58.

5After the suspension, then the renewal of the deadlines related to the health emergency, the response period was extended to June 30, 2020 (see Press release of May 18, 2020)

The Strange Methods of the Geneva Lawyers in the Service of the Confederation

The Strange Methods of the Geneva Lawyers in the Service of the Confederation

On November 7, 2023, Xplain staff received an email invitation to provide input from the Geneva study.Keystone

A Geneva law firm conducted an administrative investigation on behalf of the confederation. He sometimes used surprising methods.

Henry Habegger / ch media

The judgment of the Federal Criminal Court appeals was clear: No, federal prosecutors did not have permission to give Geneva law firm Oberson Abels access to criminal investigation files.. The decision was made last December. The research does not, in fact, constitute “authority” as required by the Code of Criminal Procedure, and sufficient interest has not been shown for third parties to access the files.

Mandated by the Confederacy, Oberson Abels conducts an administrative investigation into a “data leak” at the software company Xplain. According to the Federal Department of Finance (FDF), it is investigating “whether the federal administration adequately fulfilled its obligations in the selection, instruction and supervision of Xplain AG, as well as in the cooperation with this company.”

It all started in May 2023. The Play hacking group extracted about 900 gigabytes of confederation and canton data. This sometimes sensitive data was managed by IT company Xplain in the Bernese Oberland and ended up on the Darknet. Xplain provides software solutions in the field of homeland security to various authorities. Since then, the case has been the subject of simultaneous investigations at different levels. And some of them seem to collide with each other.

It's unclear why federal prosecutors agreed to release the files to Oberson's office. One of the lawyers in the study was still working in the ministry until recently, and this may have played a role. Joel Pahud was one of the federal prosecutors who pushed FIFA's shaky procedures forward.

The source claims it could be the mysterious “fifth man” who was between FIFA boss Gianni Infantino and former confederation attorney general Michael Lauber at the Schweizerhof in Bern.

Joel Pahud denies this claim, but he was in any case a close confidant of Olivier Thormann, then head of the economic and financial section of the Confederation Public Prosecution, today a judge in Bellinzona. But that's another story.

In any case, Geneva Oberson's research clearly had difficulty obtaining administrative investigation materials. He used an unconventional method to understand the information.

Madam, do you want to condemn? Confederation?

On November 7, 2023, Xplain staff received an email invitation to provide input from the Geneva study. The email, written in French and signed by Joël Pahud, was not personalized but addressed only to “Madame, Monsieur”.

Interested persons can express themselves by “return email” if they want to answer the questions. A gesture that might make these people happy Whistleblowers denouncing the Confederacy – or someone else.

It is not known who sent this message and what the result was. When contacted, investigators had not yet responded by Thursday. Xplain boss Andreas Lovinger says he was unaware of such a large shipment:

“There was no such request for the company or for me personally”

But this unofficial announcement was preceded by a more official response:

“As a company, we have been formally contacted by the firm of Oberson Abels, but we have exercised our right to voluntarily decline to disclose information in the context of this administrative investigation.”

Andreas Lovinger, Xplain Patron.

The necessary information would in any case already be “substantially” in the possession of the federal administration or already included in other investigations. Subsequently, the Geneva study tried its luck directly with certain employees.

The Federal Council disseminates information about this in the coming weeks

One thing is clear: Oberson's firm is not alone in this case. The Federal Public Prosecutor's Office and the Federal Data Protection Officer are also investigating the same matter. According to the Ordinance on the Organization of Government and Administration (OLOGA), conflicts between different pursuits should be avoided:

“Administrative investigation should not interfere with either criminal investigation or investigation of parliamentary oversight bodies”

Findings and recommendations are expected to be published soon. According to a representative of the Department of Finance, the Federal Council will be informed in the coming weeks to decide on the further implementation of the administrative investigation. The final report should be published immediately. Proceedings by the federal prosecutor's office are still ongoing.

(Translated and adapted from the German by Valentin Zenker)

Switzerland news is here

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Vintage photos of pedestrian crossings in Switzerland:

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Vintage photos of pedestrian crossings in Switzerland:

“Ah, that was the border!” – The photo was taken in May 1957 in Zurich, where a man was almost hit by a car.

Source: Photopress Archive / Bishop

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VAT cut for lawyers: legislative corporatism in the Senate?

VAT cut for lawyers: legislative corporatism in the Senate?

You will never be better served than yourself…especially when you are elected to the Senate. According to our information, the two senators are preparing to introduce the 2024 finance bill this Thursday, which aims to reduce the tax treatment for lawyers. Gilbert Favreau, elected from 2020 from Deux-Sèvres, and Francis Spinner, recently elected senator in Paris, are proposing to use a reduced VAT rate of 5.5% as part. “Legal services for persons with employment contracts and the unemployed” For proceedings in the labor court, also provided “under the legal aid regime”.

This is explained by the authors of the change Companies subject to VAT can deduct from the tax base the costs incurred as a result of consulting lawyers and thereby recover VAT., which does not apply to natural persons. Therefore, this change will have no other purpose than that “Strengthening access to rights for our fellow citizens”. Too kind.

A tax cut for friends?

In fact, such a text would, first of all, allow lawyers to reduce the amount of fees without affecting their margins, or even maintain rates by increasing it. And this at the expense of the state. This should not have gone unnoticed by the two senators, both members of the Les Républicain group and who practiced the same profession…lawyer.

Gilbert Favreau sold his law firm in 2015 to devote himself to his mandate as President of the Deux-Sèvres Departmental Council, as well as Honorary Lawyer. In particular, he was president of the Bressuire Bar Association in 1991 and 1992. As for Francis Spinner, a well-known political and financial veteran, he founded the firm STAS & Associés. The cabinet, which he left last November…

(tags translate)politics