The Senate voted Thursday, as part of the justice bill of the Minister of Justice Eric Dupond-Moretti, a controversial experiment of "economic affairs courts" (TAE), with expanded powers compared to commercial courts. The experiment is planned in nine to 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 court in France, is competent to judge disputes between traders and craftsmen but also for business failures. It is composed of lay judges, called "consular judges", elected from among traders and craftsmen.
The experimentation of TAE is "a need clearly identified by the Senate but also by the report of the States General of Justice," said the Minister of Justice. The senators, mostly right-wing, have extended their jurisdiction to disputes concerning lawyers and notaries, which the government wishes to exclude, and their scope of action to all commercial leases. They opposed the inclusion of professional magistrates in their composition.
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A financial contribution under debate
The left has tried unsuccessfully to suppress this experiment. The socialist Marie-Pierre de la Gontrie echoed in particular "a 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 Vérien stressed that farmers would be included in consular judges. The establishment of a financial contribution was also debated. "It derogates from the principle of free justice," said Serge Babary (LR), castigating "a new tax that does not say its name and limits access to justice for companies". "Once is not custom, in this part of the hemicycle we will defend the companies," supported the left the communist Pierre Ouzoulias.
For the minister, "it is a question of strengthening the attractiveness of French justice". He further assured that the contribution "will only be due by large companies and for the most important disputes". In the afternoon, the Senate will continue the examination at first reading of the draft law of orientation and programming of the Ministry of Justice and will continue with the discussion of the draft organic law reforming the status of magistrates. Senators will vote on both texts in solemn votes next Tuesday.