In July 2022, there will be no more bailiffs ... there will be no more auctioneers either. Indeed, the order 2016-728 of June 2, 2016 creates the profession of judicial commissioner, resulting from the bringing together of judicialofficers and auctioneers.

The creation of this new profession of justice commissioner must be carried out in three stages:

From January 2019: creation of the National Chamber of Commissioners of Justice which is intended to replace the National Chamber of Judicial Officers and the National Chamber of Auctioneers.

July ¹, 2022: The first commissioners of justice, appointed by the Minister of Justice, are "born".

July 2026 The following rules will apply: judicial officers (judicial officers or judicial commissioners) who have not followed the specific training of judicial commissioners will no longer be able to exercise their profession.

The professional training of the commissioners of justice and the conditions for access to the profession shall be put in place so as to allow access to the profession and the appointment of new commissioners of justice on 1 July 2022.

The training of commissioners of justice

(see first our article on the training of judicial officers)

It will be insured until 30 June 2026, at which time all professionals must meet the training and practice conditions, failing which they will no longer be able to practice.

Initial vocational training is provided by the National Chamber of Commissioners of Justice from 1 January 2019.

Until 31 December 2018, the organisation of training courses is assured:

• By the national chamber of judicial officers for the specific trainings to the judicial auctioneers as well as to the candidates for these functions
• By the national chamber of judicial auctioneers for specific training courses for bailiffs and candidates for these functions

In order to be entitled to practice the profession, professionals must complete :

• That is to say, the conditions of training for the profession of justice commissioner on 1 July 2022
• Either the conditions of professional qualifications for the access to the professions of judicial officer or auctioneer as well as the conditions of initial professional training of judicial officer

What are the missions of the Commissioners of Justice?

Born from the merger of auctioneers and bailiffs, the profession of auctioneer is intended to fulfil all the facets of both professions.

Article 1 of the decree of 2 June 2016 specifies the missions:

I. - The commissioners of justice are the public and ministerial officers who alone have the capacity, under the conditions laid down by the laws and regulations in force, to :
1° To enforce court decisions as well as acts or titles in enforceable form;
2° To carry out inventories, valuations and public auctions of tangible or intangible movables prescribed by law or by court decision;
3° To serve the acts and exploits, to make the notifications prescribed by the laws and regulations where the mode of notification has not been specified;
4° To carry out protective measures after the opening of a succession under the conditions provided for by the Code of Civil Procedure;
5° To ensure the service of hearings before the courts and tribunals;
6° Issuing and enforcing the title provided for in Article L. 131-73 of the Monetary and Financial Code, in the event of non-payment of a cheque;
7° To implement the simplified procedure for the recovery of small claims provided for in Article L. 125-1 of the Code of Civil Enforcement Procedures;
8° Drawing up inventory reports under the conditions provided for in the second paragraph of Article 3-2 of the aforementioned Act of 6 July 1989;
9° To assist the Chief Registrar in his task of auditing the supervisory accounts.
This I shall apply without prejudice to the competence of other public or ministerial officers and other legally empowered persons.
II. - In addition, the court commissioners may :
1° Proceed with the amicable or judicial recovery of all debts;
2° Make, when they are committed by justice or at the request of private individuals, purely material findings, exclusive of any opinion on the consequences in fact or in law that may result. Except in criminal matters, where they have the value of mere information, these findings are authentic until proven otherwise;
3° Be appointed on a regular basis as liquidator in certain judicial liquidation proceedings or as assistant to the judge in professional recovery proceedings, under the conditions provided for by Title IV of Book VI and Book VIII of the Commercial Code ;
4° Be appointed as a conventional receiver governed by Articles 1956 et seq. of the Civil Code and fulfil the missions thereof under the conditions laid down by the decree provided for in Article 22;
5° Be appointed as a technician to enlighten the judge on a question of fact, in particular in application of Articles 232 and following of the Code of Civil Procedure and Articles R. 621-1 and following of the Code of Administrative Justice;
6° Exercising certain activities or functions on an ancillary basis. The list of these activities and functions and the conditions under which the persons concerned are authorised to exercise them are, subject to special laws, laid down by the decree provided for in Article 22.
III. - Unless otherwise provided, commissioners of justice may not engage in any trade in their own name, on behalf of others or in the name of others.
IV. - The commissioners of justice may organise and carry out sales, inventories and corresponding auctions relating to the activity of voluntary sales operator mentioned in Article L. 321-4 of the Commercial Code, under the conditions of qualification required by this Article.
They shall do so in accordance with the provisions of Chapter I of Title II of Book III of the Commercial Code, within companies governed by Book II of the same Code, distinct from their office. The object of these companies may include the activities of transporting furniture, the press, publishing and distribution of catalogues for the purposes of the sales that they organize.
Articles L. 752-1, L. 752-2 and L. 752-15 of the same code are not applicable to premises used by commissioners of justice who are also active as voluntary sales operators.