PROVISIONS ESTABLISHING LOCAL JUSTICE
LexInter | November 28, 2005 | 0 Comments

PROVISIONS ESTABLISHING LOCAL JUSTICE

TITLE II
PROVISIONS ESTABLISHING JUSTICE
PROXIMITY
Article 7

I. – The title of Book III of the Code of Judicial Organization is worded as follows:

“BOOK III

“THE COURT OF GRANDE INSTANCE, THE COURT OF INSTANCE AND THE LOCAL JURISDICTION”
II. – Book III of the same code is supplemented by a title III as follows:

“TITLE III
“LOCAL JURISDICTION
“Unique chapter
” General provisions
“Section 1
“Institution, competence and functioning

“Art. L. 331-1. – It is established, within the jurisdiction of each court of appeal, courts of first instance called local courts.
“Art. L. 331-2. – In civil matters, the local court ultimately hears personal movable actions brought before it by a natural person for the needs of his non-professional life, up to the value of 1,500 Euros or of an undetermined value but which originate from the performance of an obligation the amount of which does not exceed 1,500 Euros.
“It knows the procedures for payment or payment orders, under the conditions provided for in the first paragraph.
“It also hears, under the same conditions, with a view to making it enforceable, of the request for approval of the finding of agreement made by the parties, at the end of a prior attempt at conciliation carried out in application of the Article 21 of Law No. 95-125 of 8 February 1995 relating to the organization of courts and to civil, criminal and administrative proceedings.
“Art. L. 331-3. – In civil matters, the local court rules according to the procedural rules applicable before the district court. It decides after having sought to reconcile the parties by itself or, where applicable and with the agreement of the latter, by designating a person meeting the conditions set by decree in the Council of State.
“The parties may be assisted and represented before it under the same conditions as before the district court.
“Art. L. 331-4. – When, in civil matters, the local judge comes up against a serious legal difficulty relating to the application of a rule of law or to the interpretation of the contract binding the parties, he may, at the request of a party or ex officio, after having obtained the opinion, as the case may be, from the other or both parties, refer the case to the district court which rules as a local court.
“Art. L. 331-5. – In criminal matters, the rules concerning the competence and the functioning of the local court as well as those relating to the public prosecutor near this court are fixed by article 706-72 of the code of criminal procedure and, as regards minors , by article 21 of the ordinance n ° 45-174 of February 2, 1945 relating to delinquent children.

“Section 2
“Organization

“Art. L. 331-6. – The seat and jurisdiction of local jurisdictions are set by decree of the Council of State.
“Art. L. 331-7. – The local court rules with a single judge.
“Art. L. 331-8. – The local court may hold mobile hearings in any appropriate public place under conditions set by decree of the Council of State.
“Art. L. 331-9. – In the event of the local judge’s absence or impediment or when the number of local judges proves to be insufficient, the functions of this judge are exercised by a judge of the district court, appointed for this purpose by order issued by the president of the tribunal de grande instance. “

Article 8

Article 21 of Law No. 95-125 of 8 February 1995 relating to the organization of courts and civil, criminal and administrative procedure is supplemented by a paragraph worded as follows:
“If the judge has not received the agreement of the parties to proceed with the attempts at conciliation provided for in 1 °, he may order them to meet a person whom he designates for this purpose and who meets the conditions set out in the first paragraph. This informs the parties about the object and the progress of the conciliation measure. “

Article 9

In Article L. 811-1 of the Code of Judicial Organization, after the words: “in criminal matters”, the words: “as well as local jurisdictions” are inserted.

Article 10

Book IV of the Code of Criminal Procedure is supplemented by Title XXIV as follows:

“TITLE XXIV
“RELATED PROVISIONS
TO LOCAL JURISDICTION
“Art. 706-72. – The local court is competent to judge police contraventions, the list of which is fixed by decree of the Council of State. It then decides according to the procedure applicable before the police court, in accordance with the provisions of articles 521 to 549.
“The local court may also validate, upon delegation given by the president of the district court, the measures of penal composition provided for in articles 41-2 and 41-3.
“For the judgment of the contraventions mentioned in the first paragraph and falling under the first four classes, the functions of the public prosecution are exercised by an officer of the prosecution, in accordance with the provisions of articles 45 to 48.”

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