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)

Leave a Comment