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ACT No. 2002-1138 of September 9, 2002 And programming for justice (1)

ACT No. 2002-1138 of 9 September 2002 on orientation and programming for justice (1)

Abstract

Application of Art. 7 of Act 2002-1138 of 9 September 2002. AMENDMENTS TO THE CODE OF THE JUDICIAIRECreation of a sub-section VI to section III of chap. I of Title I of Book III "Powers of heads of the court of great instance concerning the functioning of courts in the vicinity of their jurisdiction", replacement of art. R. 321-1 (al. 1), R. 321-2 (para. 1), R. 321-4, R. 321-22 (al. 1), R. 321-35, R. 321-44, repeal of ss. R. 321-29 and R. 321-36, redrafting of book III supplemented by a Title III (art. R. 331-1 to R. 331-7), creation of an art. R. 721-4, modification of s. R. 761-24 (add 10 °), modification of the title of the chap. II of Title VI of Book VII, creation of a section 1 "Court of Instance", modification of Art. R. 762-3, after art. R. 762-8 insertion of a section 2 "Proximity Jurisdiction" (art. R. 762-9 to R. 762-11), insert in title I of book VIII of an art. R. 811-7, modification of table I annexed, insertion of a table V bis (seat and jurisdiction of local courts).The decree adapts to the local court, a new order of jurisdiction. The rules relating to the organisation of the courts included in the regulatory part of the Code of the Judicial Organisation, which establishes the seat and the jurisdiction of the new jurisdiction (R. 331-4 new of the Code), organizes the installation of local judges (R. 331-5 new of the Code) and provides for an official badge for local judges (R. 331-7 of the Code). The purpose of these regulations is also to provide it with an organization coordinated by the magistrate in charge of the management and administration of the district court. Thus, the Court fixes the number, the day and the nature of the hearings of the local court (ordinary and forwarts) after the opinion of the heads of the High Court (R. 321-44 of the Code). It shall be addressed annually to the general activity report drawn up by each judge in the vicinity of its jurisdiction (R. 331-6 new code). Report submitted for opinion to the assembly of judges of the seat and the prosecutor's office of the court of instance where it exists (R. 762-3 of the Code), to which local judges are invited, on this occasion, to participate. The magistrate in charge of the management and administration of the court of instance presides over the assembly of judges of the seat and the public prosecutor's office, as well as that of the judges of the seat, established in the local courts with a staff of Less than three local judges (R. 762-9, R. 762-10, R. 762-11 of the Code). Finally, the Registry of the local court is provided by the Secretariat-Registry of the Court of Instance (R. 811-7 of the Code). In order to prevent the court of instance from being seized as a principal personal and securities court, the amount of which does not exceed EUR 1 500, this Decree amends Article R 321-l of the Code by providing that the Court of Instance cannot Have to be aware of personal and transferable securities within the competence of the local court. It also extends the jurisdiction of the court of instance to personal or securities actions which, although not determined, relate to the performance of an obligation whose amount is below its threshold of competence. These actions are now before the High Court and must therefore always be brought by a court of law when they concern low-value disputes. The result was a certain incomprehension for the litigant who, for these low-value dc actions, was obliged to refer the case to the High Court without being able to take advantage of the simplified referral methods applicable to the court Of instance. This new provision simplifies the division of jurisdiction between the courts of instance and the courts of large instance and will now allow the court of instance to hear all the small cases of which the amount is expressed or which have For the execution of an encrypted obligation not exceeding EUR 7 600. It will finally allow the litigant to benefit more widely from the simplified reference provided for in Article 847-1 of the new Code of Civil Procedure. The decree also repeals article R. 321-29 of the Code of the Judicial Organisation and a grooming of articles R. 321-2 and R. 321-4. The new Article R. 331-1 draws the consequences of the new Article L. 331-2 of the Code of the judicial organisation and reserves to the local court, within the framework of its legal competence, the knowledge of the personal shares which are Today the jurisdiction of the Court of Instance. Like the court of instance, the local court may hear cases of defence which do not raise any question within the exclusive jurisdiction of another court. May also be aware of additional and counter-claims in accordance with the common law laid down in Articles 37 to 38 of the new Code of Civil Procedure. Article R. 321-22 of the Judicial Code, relating to the Court of Instance, is amended in this sense. - AMENDMENTS TO THE NEW CODE OF PROCEDURE CIVILERédaction of the title of Title II of Book II " Special provisions of the Court of Instance And to the local court ", modification of the art. 829 (para. 1, addition of one last para.), 832-1, 838, 846 (l.), 847-1,852-1, creation in Title II of Book II of a chap. V "References of jurisdiction" (Art. 847-4 and 847-5), modification of s. 1406 (al. 1, 3), 1415 (para. 1), 1425-1, 1425-2, drafting of the title of subtitle II of Title II of Book II "The orders of reference before the court of instance", modification of chap. III of the annex relating to its application in the departments of Bas-Rhin, the Haut-Rhin and the Moselle, after art. 36 addition of an art. 36-1.The Decree amends Article 829 within Title II of the second book of the new Code relating to the Court of Instance in order to enable the application before that court of the first paragraph of Article 21 of the Law 95-125 of 8 February 1995. The judge who is seized of a preliminary attempt at conciliation or who, if seized by way of a summons or request, orders the conciliation, may thus refer the parties to a conciliator of justice so that the conciliator informs them of the subject matter and The conduct of the conciliation. This injunction preserves the freedom of the parties to commit themselves or not, after the meeting, in the course of a conciliation. It is a strictly informative measure which is therefore not subject to appeal. This Decree inserts into Book II of the new Code a title devoted to the jurisdiction of the proximity.Article 852-2 of the new Code of Civil Procedure translates the legal provisions of articles L. 331-2 into a regulatory scheme (third § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § L. 331-3 of the Judicial Organisation Code by extending, by reference to Jurisdiction, approval of findings of agreements as part of an attempt Prior to conciliation. Referee procedures, which most often require the intervention of a specialised magistrate who has extensive legal experience, such as procedures on request, which are not useful for the handling of daily disputes Pursuant to Article L. 331-2 of the Code of the Judicial Organisation, are not applicable to the court of proximity.Article 852-3 specifies the conditions for referring the case before the Court of Instance when the local court Faces a serious legal challenge to the application A rule of law or the interpretation of the contract between the parties. This dismissal does not result in the procedural rights of the parties since the court of jurisdiction rules as a local court by taking up the case in the state in which it was before that court at the time of the referral. The reference is also made as soon as possible so as not to delay the outcome of the dispute. In those circumstances, the decision of the local court which orders the removal or rejects a request for referral made by either party is not subject to appeal. In order to avoid within the same jurisdiction the jurisdiction of the courts of jurisdiction to be settled by the courts of proximity and in order to prevent the proliferation of exceptions to prior dilatory procedures relating to the The division of jurisdiction between the court of jurisdiction and the local courts provides for a simple and rapid mechanism for dealing with these issues (Article 852-4 of the new Code of Civil Procedure). Thus, the local court can always raise its own jurisdiction, without having to apply Articles 92 and 93 of the new Code of Civil Procedure. On the other hand, the Court of Instance centralises the treatment of all the jurisdictional issues relating to the local court, but a distinction is made according to the subject matter of jurisdiction. As regards the question of the division of jurisdiction between the court of instance and the courts located in its jurisdiction, there is provision for a mechanism for the settlement of conflicts of quasi-administrative jurisdiction, including the court of instance When the local court considers that a case falls within the jurisdiction of the court of jurisdiction, or where an objection of incompetence is laid before it having the same object, it will return the case by simple Reference to the record in the court of instance. That court shall decide by decision that is not subject to appeal. The same applies when the court of instance refers the case for jurisdiction to the local court. This mechanism does not interfere with the rights of litigants since the decision of the Tribunal on jurisdiction must be expeditious. On the other hand, where the objection of incompetence arising before the court of closeness, ex officio or at the request of the parties, is the subject of the designation of another court of the judicial order that the court of instance or that it relates to Jurisdiction outside the jurisdiction of the Court of Instance, it is no longer necessary to derogate from the common provisions on the regulation of exceptions of incompetence. The Court of Instance shall act by decision which may be contrary to the conditions laid down in Article 80 et seq. Of the new Code of Civil Procedure. The Decree shall finally, with regard to the new Code of Civil Procedure, make adjustments Procedures for the order to pay and to make them applicable to the court of proximity.III-AMENDMENTS OF THE CODE OF PROCEDURE PENALEInsertion in book IV after art. R. 53-39 of a Title XXIV "Provisions on local jurisdiction" (art. R. 53-40, R. 53-41). In addition to civil matters, the courts of the vicinity of first instance are competent in criminal matters pursuant to Article L. 331-5 of the Code of the Judicial Organisation. Article 706-72 of the Code of Criminal Procedure provides that the local court will be competent in particular to judge the police offences of the five classes, the functions of the public prosecutor being carried out by an officer of the public prosecutor's office For the judgment of the tickets in respect of the first four classes. In the case of minors, the local judge will be competent, pursuant to Article 21 of Order 45-174 of 2 February 1945 on juvenile delinquency, to judge the police contraventions of the first four classes contained in the List provided for in Article 706-72 of the Code of Criminal Procedure. The decree establishes the list of offences for which the local court will be competent. It creates a new title in the Code of Criminal Procedure, Article R. 53-40 sets out the list of These contraventions. IV-AMENDMENTS CONCERNING JURISDICTIONAL ASSISTANCE Amendment of Decree 91-1266 of 19-12-1991: insertion of an umbrella. 6 to section V of chap. III of Title I, modification of the table of art. 90.1-This Decree provides for legal aid provisions applicable to proceedings before the local court, determination of the scale applicable to proceedings (Article 2 of this Decree) .2 In civil matters, the Court of proximity shall act in accordance with the rules of procedure applicable before the Court of Instance and the parties may be assisted or represented before it in the same manner as before the Court of Instance (new Article L. 331-3 of the Judicial Organisation Code). The scale of legal aid currently applicable to the proceedings must be extended to the proceedings before the local court. This is the subject of Article 2 (1) of this Decree. 3-New Article 852-3 of the new Code of Civil Procedure provides for the possibility for the local court to refer the case to the trial judge in the case of " Article 1 of this Decree provides that the benefit of legal aid obtained for proceedings before the local court shall then be acquired before the first instance judge without the need to request A new entitlement .4 - In criminal matters, the local court is competent to adjudicate police citations and rules in accordance with the procedure applicable before the court of police.5-In contrast, legal aid Is granted to civil parties regardless of the contravention. The 2 ° of Article 1 provides for the extension of legal aid to the local court (citations from 1st to 4th class). In the case of class tickets, the wording of the current text (line VI-1 of the Civil Procedure section of the scheme of Article 90 of the aforementioned decree) allows the assistance of the party to be taken into account by legal aid Civil.6-With regard to the assistance of defendants in relation to the 5th class tickets, it is necessary to amend heading IX of the decree to extend the benefit of legal aid to proceedings before the local court. This is the object of the 3 ° of Article 2.7.

Keywords

JUSTICE, CODE OF THE JUDICIAL ORGANIZATION, NEW CIVIL PROCEDURE CODE, CRIMINAL PROCEDURE CODE, HIGH COURT COURT, TGI, COURT OF INSTANCE , CLOSE JUDGE, INSTALLATION, SPRING, HEARING, OFFICIAL INSIGNIA, JURISDICTION, TERRITORIAL JURISDICTION, ORGANIZATION, GENERAL ASSEMBLY, REFERRAL OF COMPETENCE , REFERE ORDER, ORDER ON REQUEST, TRIAL JUDGE, CONTRAVENTION, PENAL SANCTION , LEGAL AID, LEGAL AID, ALSACE-MOSELLE

Links Posterior

• Order No. 2004-243 of 17 March 2004 on placement under electronic supervision and amending the Code of Criminal Procedure (Part Two: Orders in Council of State)
• Decree n ° 2004-1021 of 27 September 2004 amending the Criminal Code and the Code of Criminal Procedure (second parts: Orders in Council of the State) and relating in particular to the course of citizenship, to the criminal composition, to security rights in the framework of judicial review and to the local court.
• Decree No. 2005-460 of 13 May 2005 on the competences of the Civil courts, civil proceedings, and judicial

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JORF No. 145 of 25 June 2003 page 10632
text n ° 3



Decree n ° 2003-542 of 23 June 2003 concerning the Court of closeness and amending the code of the judicial organisation, the new code of civil procedure, the code of criminal procedure (second part: Orders in Council of State) and Decree No. 91-1266 of 19 December 1991 implementing Act No. 91-647 of 10 July 1991 on legal aid

NOR: JUSB0310251D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/6/23/JUSB0310251D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/6/23/2003-542/jo/texte

The Prime Minister,
On the report of the seal of the seals, Minister of Justice,
In accordance with Order No. 58-1270 of 22 December 1958 on the status of the seals Judiciary, as last amended by Organic Law n ° 2003-153 of 26 February 2003;
In view of the Penal Code;
Given the Code of the Judiciary (Legislative Part), in particular Title III of Book III;
Due to the Code of Procedure Criminal Code, in particular Article 706-72;
Given the new Code of Civil Procedure;
Due to the Highway Code;
Due to the Public Health Code;
Due to the Forest Code;
Due to Act No. 48-1360 of 1 September 1948, as amended Amendment and codification of the legislation on the reports of lessors and tenants, or Occupants of residential or professional premises and establishing housing allowances;
In view of the amended Law No. 91-650 of 9 July 1991 on the reform of civil enforcement procedures;
Law No. 91-647 of 10 July 1991 Amended on legal aid;
In view of Law No. 2002-1138 of 9 September 2002 on orientation and programming for justice;
In view of Article R. 4 of the Code of Discharge of Beverages and Measures against Alcoholism;
In view of Decree No. 42-730 of 22 March 1942, as amended on the police, the safety and the operation of the railways General and local interest;
Having regard to Decree No. 91-1266 of 19 December 1991 amending Act No. 91-647 of 10 July 1991 on legal aid;
In view of Decree No. 96-596 of 27 June 1996 on the fight against rabies ;
Having regard to Decree No. 99-1164 of 29 December 1999 for the application of Chapter III of Title II of Book II of the Rural Code;
In view of the opinion of the National Council of Legal Aid of 28 February 2003;
The Council of State (Section of Inside) heard,
overwrite:

• TITLE I: PROVISIONS AMENDING THE CODE OF THE JUDICIARY ORGANIZATION Article 1

  
  A sub-section VI is created in Section III of the Chapter I of Title I of Book III of the Code of the Judiciary thus drafted:

  
  "Subsection VI

  
  

  
  " The powers of the Heads of the High Court
  regarding the operation of courts in the vicinity of their jurisdiction

  
  " Art. R. 311-38-1. -The President and the Prosecutor of the Republic of the High Court shall inspect the courts in the vicinity of their
  . They shall ensure, as far as they are concerned, the proper administration of the judicial services and of the normal turnover of cases; they may, respectively, delegate these powers for specific acts to judges of the seat or the public prosecutor's office. They report on their findings or those made by the judges they have delegated to the first President or the Attorney General. "

  Article 2

  
  Paragraph 1 of Article R. 321-1 of the Code of the Judicial Organisation is replaced by the provisions Following:
  " Subject to the provisions of Articles R. 321-2 to R. 321-23, R. 331-1 and R. 331-2, the District Court shall know, in civil matters, of any personal or securities action, as a last resort up to the value of EUR 3 800 and of appeal Up to the value of EUR 7 600. On the same reservations, he also knows, as a matter of appeal, undetermined requests which originate from the execution of an obligation whose amount does not exceed EUR 7 600. "

  Article 3

  
  Paragraph 1 of Article R. 321-2 of the Code is replaced by the following:
  " Subject to the specific legislative or regulatory provisions, the Court of Instance shall, as a last resort, up to a value of EUR 3 800 and an appeal where the claim exceeds that sum or is indeterminate, shall The contract of rental of immovable property is the object, cause or occasion, as well as those relating to the application of Act No. 48-1360 of 1 September 1948. "

  Article 4

  
  Article R. 321-4 of the Code is replaced by the following:
  " Art. R. 321-4. -It is aware, within the limits of Article R. 321-1, of shares in validity and invalidity of real offers other than those relating to the administrations of the registration or indirect contributions. "

  Article 5

  
  The first paragraph of Article R. 321-22 of the Code is replaced by the following:
  " The Review Tribunal shall be aware of all incidental requests, exceptions or defences, which do not raise a matter within the exclusive jurisdiction of another jurisdiction, even though they would require the interpretation of a contract. "

  Article 6

  
  Article R. 321-35 of the Code is replaced by the following:
  " Art. R. 321-35. -Where the service of an instance court is provided by two or more judges of the seat of a high court, that of the highest court shall administer the court and shall distribute in accordance with the provisions of Article L. 710-1 in the first half of December the service between the magistrates, taking into account, where appropriate, the participation that they bring to the functioning of other courts of instance or of the high court to which they Belong.
  " Where the service of an instance court is provided by a single judge in the seat of a court of large instance, the latter shall administer the court of instance. "

  Article 7

  
  Article R. 321-44 of the Code is replaced by the following:
  " Art. R. 321-44. -During the first half of the month preceding the judicial year, the magistrate in charge of the management and administration of the court of instance shall determine, after the opinion of the heads of the high court, the number, the day and the nature of the Hearings of the District Court and the District Court.
  " In accordance with the provisions of Article L. 331-8, the magistrate in charge of the management and administration of the court of the instance fixed by order, according to the local needs and after the opinion of the heads of the court of large instance, the The day and the nature of the hearings that may be held by the local court in any appropriate public place other than that in which its seat is fixed. These hearings may be held at the town hall or in the town hall with the agreement of the mayor, as well as in the houses of justice and the law and any premises open to the public and arranged for that purpose. "

  Item 8

  
  Sections R. 321-29 and R. 321-36 of the same code are repealed.

  Article 9

  
  Book III of the Judicial Organisation Code (Regulatory Part) reads as follows:

  
  "LIVRE III

  
  

  
  " INSTANCE GRANDE TRIBUNAL,
  INSTANCE TRIBUNAL
  AND PROXIMITY JURISDICTION

  Article 10

  
  Book III of the same code is completed by a Title III written as follows:

  
  "TITLE III

  
  

  
  " PROXIMITY JURISDICTION

  
  

  
  " Single Chapter

  
  

  
  "General

  
  

  
  " Section 1

  
  

  
  "Institution and Skill

  
  

  
  " Subsection 1

  
  

  
  " Award Competence

  
  " Art. R. 331-1. -In the conditions laid down in Article L. 331-2, the local court shall be aware of personal shares, in particular those provided for in Articles R. 321-1 to R. 321-16, excluding challenges provided for in paragraph 2 of Article R. 321-2.
  " Art. R. 331-2. -The local court shall know of all incidental requests, exceptions or defences which do not raise a matter falling within the exclusive jurisdiction of another
  . However, if the exception or the means of defence involves the examination of a question of a petitory immovable property, the local court shall relieve its incompetence in favour of the High Court.

  
  " Subsection 2

  
  

  
  "Territorial Jurisdiction

  
  " Art. R. 331-3. -The territorial jurisdiction of the proximity judge in civil matters is determined according to the rules applicable to the court of instance.

  
  "Section 2

  
  

  
  " Organization

  
  " Art. R. 331-4. -The seat and jurisdiction of the proximity courts shall be laid down in Table Va annexed to this
  . Where a local court is established or where the jurisdiction of a local court is amended as a result of a new delimitation of the administrative or judicial districts, the competent local court shall have primary jurisdiction Shall remain competent to rule on proceedings before the date of establishment of the court of proximity or modification of the jurisdiction.
  " Where a local court is deleted, all proceedings pending before that court on the date of entry into force of the removal order shall be transferred to the local court within the jurisdiction of which the court is located. The seat of the local court deleted without the need to renew the acts, formalities and judgments regularly intervened before that date, except for the summonses, quotations and summonses given to the Parties and witnesses at the end of a personal appearance. The archives and minutes of the secretariat of the court of proximity removed shall be transferred to the Secretary-Registry of the local court in the jurisdiction of which the seat of the local court is located. The charges for the transfer of these archives and minutes shall be taken on the appropriation provided for this purpose to the budget of the Ministry of
  . Art. R. 331-5. -The installation of the local judges, in open session, shall be carried out by the magistrate in charge of the management and administration of the district court in whose jurisdiction the local court shall have its
  . Art. R. 331-6. -The local judge shall prepare an annual general activity report to the magistrate in charge of the management and administration of the district
  . Art. R. 331-7. -The members of the local court shall bear, either at the hearing or in public ceremonies, suspended from a ribbon, in saltire, a medal indicating their duties. This medal is in gilt bronze. On the obverse of a 65 mm module, it bears the words "French Republic and a head symbolizing the Republic, placed of profile, turned to the right.
  " Using a 75 mm wide clamp with an olive branch, the medal is suspended from a 75 mm wide ribbon and sky blue, shared in the middle, in the vertical direction, by a black edge of 5 mm. "

  Article 11

  
  Section R. 721-4 is created as follows:
  " Art. R. 721-4. -The President of the High Court seized in the conditions of the fourth paragraph of Article 41-22 of Order No. 58-1270 of 22 December 1958 on the Organic Law on the Statute of the Judiciary shall, without delay, transmit the case to Another judge in the vicinity of the jurisdiction of the High Court. "

  Article 12

  
  Article R. 761-24 of the same code is completed by a 10 ° reading:
  " 10 ° Emet an opinion on the draft order prepared by the President designating a judge of the district court to carry out the functions of the local judge in the event of absence or incapacity or when the number of local judges is revealed Insufficient. "

  Article 13

  
  Chapter II of Title VI of Book VII of the Code of the Judicial Organisation is thus
  : Chapter II reads as follows:

  
  "Chapter II

  
  

  
  " Terms and Conditions for General Assemblies
  of the District Court and Proximity Jurisdiction "

  
  II. -Section 1 is created as follows:

  
  "Section 1

  
  

  
  " Instance Court "

  
  III. -Article R. 762-3 is added as follows: "
  " Each year, local judges shall orally present to the Assembly their general activity report referred to in Article R. 331-6. "
  IV. -After item R. 762-8, a section 2 reads as follows:

  
  "Section 2

  
  

  
  " Local jurisdiction

  
  " Art. R. 762-9. -There shall be an assembly of the judges of the seat and the public prosecutor in the local courts with a staff of at least three local judges. This assembly is composed of the magistrate in charge of the executive and administrative functions of the court of instance, the local judges and the judge who performs the functions of the public prosecutor in accordance with the provisions of Article L. 311-15.
  " It issues an opinion on:
  " 1 ° Number, day and nature of hearings;
  " 2 ° Questions affecting the internal functioning of the court.
  " Proceedings shall be taken by a majority of the members present or represented.
  " The Assembly shall exchange views on the activity of the court. It studies the evolution of case law. It looks at all the questions concerning all magistrates.
  " Art. R. 762-10. -It shall be held an assembly of the judges of the seat in the local courts with a staff of at least three local judges. This assembly is composed of the magistrate in charge of the executive and administrative functions of the district court and the local judges. It shall deliver an opinion on their distribution in the different services of the
  . Art. R. 762-11. -The Assemblies referred to in Articles R. 762-9 and R. 762-10 shall be presided over by the Magistrate in charge of the executive and administrative functions of the Court of Instance. In the event of absence or incapacity, the provisions of Article R. 321-38.
  shall be applied." The Magistrate shall transmit to the first President of the Court of Appeal the minutes of the proceedings of the Assemblies of the court. "

  Article 14

  
  It is inserted in Title I of Book VIII of the Code of the Judiciary an article R. 811-7 thus written :
  " Art. R. 811-7. -The Registry of the local court is the Secretary-Registry of the Court of Instance. "

  Article 15

  
  Table I, annexed to the code of the judicial organisation, is amended in accordance with Table A annexed to the present Decree.

  Article 16

  
  It is inserted in the code of the organisation a table V bis (Siege and jurisdiction of the local courts) In accordance with Table B annexed to this Decree

• TITLE II: PROVISIONS AMENDING THE NEW CIVIL PROCEDURE CODE Article 17

  
  Title II of Book II of the New civil procedure code:

  
  "TITLE II

  
  

  
  "
  SPECIFIC PROVISIONS
  TO THE COURT OF INSTANCE
  AND PROXIMITY JURISDICTION "

  Item 18

  
  Section 829 of the Code is amended as follows:
  I.-In the first paragraph, before the words: " The application in court ' shall be added the words: ' Before the court of instance and the local court, " ;
  II. -Added a last paragraph as follows:
  " In the absence of an agreement by the parties to make an attempt at conciliation, the judge, by an unappealable decision, may direct them to meet a conciliator appointed by him to inform them about the purpose and the conduct of the proceedings. The conciliation measure. "

  Item 19

  
  I. -Sections 832-1, 838, 846 and 852-1 of the same code, the words: " Instance court " Are replaced by the word: " Judge ".
  II. -In the first paragraph of Article 846, the words: Surrender to the judge " Are replaced by the words: " Discount ".
  III. -In the first paragraph of Article 847-1, the words: It can be entered " Are replaced by the words: " The jurisdiction may be seized. "
  IV. -In the first paragraph of Article 852-1 of the Code, the words: R. 41-1 " Are replaced by the words: " R. 41-2 ".

  Article 20

  
  In Title II of Book II of the same code, a Chapter V reads as follows:

  
  "Chapter V

  
  

  
  " Skill references

  
  " Article 847-4. -Where it encounters a serious legal difficulty relating to the application of a rule of law or the interpretation of a contract binding the parties, the local judge, after hearing the parties, shall refer the case to the trial judge Passing the folder to it immediately.
  " Its decision is a measure of judicial administration. It can take the form of a single reference to the folder.
  " The trial judge shall resume the proceedings in the state in which it was left to the local judge, except to rehear the parties if they have already pleaded.
  " Article 847-5. -The local court shall refer all cases of incompetence to the trial judge. Its decision may take the form of a simple reference to the file.
  " The local judge may always automatically raise his or her incompetence as well as the court of instance for the benefit of the local
  . The court of instance shall act without appeal if its decision concerns only its own jurisdiction and the competence of the judges in the vicinity of its
  . Articles 96 and 97 shall apply. "

  Article 21

  
  Article 1406 of the Code reads as follows:
  I.-The first paragraph is replaced by the provisions Following:
  " The application shall be brought, as the case may be, before the Court of Instance, the local court or the President of the Commercial Court, within the limits of the jurisdiction to award those two courts. "
  II. -The last sentence of the third subparagraph is replaced by the following:
  " The judge must automatically raise his or her incompetence, since Article 847-4 is applicable. "

  Article 22

  
  The first paragraph of Article 1415 of the Code reads as follows:
  " The opposition is brought, as the case may be, before the Court of Instance, the local court which has made the order for payment order or the court of commerce for which the President has made the order. "

  Article 23

  
  Article 1425-1 of the Code is supplemented by a paragraph worded as follows:
  " The local judge shall be competent within the limits laid down in the code of the judicial organisation and in the conditions laid down in Article 847-4 of this Code. "

  Article 24

  
  Article 1425-2 of the same code, the words:" The court of instance " Are replaced by the words: " Jurisdiction ".

  Item 25

  
  I. -The title of subtitle II of Title II of Book II of the same code is worded as follows:

  
  "SUBTITLE II
  " ORDERS OF REFERRED
  BEFORE INSTANCE, "

  
  II. -The title of subtitle III of Title II of Book II of the same code is worded as follows:

  
  "SUBTITLE III
  " ORDERS ON REQUEST
  BEFORE INSTANCE J "

  Article 26

  
  Chapter III of the Annex to the new Code of Civil Procedure relating to its application in the departments of Bas-Rhin, Haut-Rhin and Moselle is Amended:
  I.-The heading of the chapter reads as follows:

  
  "Chapter III

  
  

  
  " Special provisions for the
  instance court and the local jurisdiction "

  
  II. -After Article 36, an Article 36-1 reads as follows: '
  ' Article 36-1. Article 36 shall apply to the local court.

• TITLE III: PROVISIONS AMENDING THE CRIMINAL PROCEDURE CODE Article 27

  
  It is inserted into the book IV of the Code of Criminal Procedure (Second part: Orders in Council of State), after Article R. 53-39, a Title XXIV thus worded:

  
  "TITLE XXIV

  
  

  
  " REGARDING
  PROXIMITY JURISDICTION

  
  " Art. R. 53-40. -The local court has jurisdiction to judge the following police contraventions, when committed by natural persons:
  " 1 ° Contraventions by the following articles of the Penal Code:
  " (a) Contraventions against persons repressed by:
  " -R. 622-1 concerning unintentional injury to the integrity of the person who has not caused any incapacity for work;
  " -R. 622-2 concerning the divagation of dangerous animals;
  " -Article R. 623-1 on threats of violence;
  -Article R. 623-2 concerning offensive or nocturnal noise or tapages;
  " -Article R. 623-3 on the excitation of dangerous animals;
  " -Article R. 624-1 on minor violence;
  -Article R. 624-2 on the dissemination of messages contrary to decency;
  " -Article R. 625-1 on violence which resulted in total incapacity for work of less than or equal to eight days;
  " (b) Contraventions against property repressed by:
  " -Article R. 631-1 concerning threats of destruction, degradation or deterioration resulting only in light damage;
  " -Article R. 632-1 concerning the abandonment of refuse, waste, materials or other objects;
  " -Article R. 634-1 on threats of destruction, degradation or deterioration which do not pose a danger to persons;
  " -Article R. 635-1 on destruction, damage and deterioration resulting only in light damage;
  " -Article R. 635-8 concerning the abandonment of wrecks of vehicles or of refuse, waste, materials and other objects carried in a vehicle;
  " (c) Contraventions against the nation, state or public peace repressed by:
  " -R. 641-1 concerning the abandonment of weapons or dangerous objects;
  " -Article R. 645-12 on intrusion into schools;
  " (d) Other ticketing under:
  " -Article R. 653-1 concerning unintentional harm to the life or integrity of an animal;
  " -R. 654-1 concerning maltreatment of an animal;
  " -Article R. 655-1 on intentional attacks on the life of an animal;
  " 2 ° Contraventions of the first four classes repressed by the traffic code;
  " 3 ° Contraventions by the following sections of the Public Health Code:
  " -Article R. 48-2 on the control of neighbourhood noise;
  " -the first paragraph of Article R. 355-28-13 concerning the prohibition of smoking in places affected by collective use;
  " 4 ° Contraventions by the following sections of the Forestry Code:
  " -Article R. 322-5 on defence and firefighting;
  " -Article R. 331-3 on the protection of all wood and forests;
  " 5 ° Contravention of Article R. 4 of the Code of Discharge of Beverages and Measures against Alcoholism and on the Repression of Public intoxication;
  " 6 ° Contraventions under articles 80-1, 80-2 and 80-3 of Decree No. 42-730 of 22 March 1942 on the police, the safety and the operation of railways of general and local interest and relating to the railway police;
  " 7 ° Contraventions under Article 18 of Decree No. 96-596 of 27 June 1996 on the fight against rabies;
  8 ° Contraventions by Article 8 of Decree No. 99-1164 of 29 December 1999 for the application of Chapter III of Title II of Book II of the Rural Code and relating to the detention of dangerous
  . Art. R. 53-41. -The local court may validate the criminal compositions provided for in Articles 41-2 and 41-3 by application of the provisions of the second paragraph of Article 706-72.

• TITLE IV: PROVISIONS AMENDING THE ORDER No. 91-1266 OF DECEMBER 19, 1991 SCOPE OF LAW N ° 91-647 OF 10 JULY 1991 ON LEGAL ASSISTANCE Article 28

  
  In Section V of Chapter III of Title I of the Decree of 19 December 1991, it is inserted a paragraph 6 thus written:
  " § 6. From the referral of a dispute by the local court to the trial judge.
  " Art. 70-4. -If the local court hearing a dispute for which legal aid has been granted refers the case to the trial judge pursuant to Article 847-4 of the new Code of Civil Procedure, the benefit of the aid remains before the new court Jurisdiction to hear the dispute without the need for a new admission. "

  Article 29

  
  The table of Article 90 of the decree of 19 December 1991 is thus amended:
  1 ° Under the heading" IV. -Other civil matters ", note (5) of line IV.2. Other courts, proceedings on the substance of the case are worded as follows: (5) Including the execution judge and the local judge " ;
  2 ° Under " VI. -Civil part ', line VI.2 reads as follows: ' Assistance of a civil party or a civilly responsible person before the police court or the local judge (1st to 4th class) " ;
  3 ° Under " IX. -Contraventional procedures', the line reads as follows: ' Assistance of an accused before the police court or the local judge (5th class) (2) "

• TITLE V: TRANSITIONAL AND FINAL PROVISIONS Section 30

  
  This Order will come into force on September 15, 2003.

  Article 31

  
  The original competent court of competent jurisdiction remains competent to rule on previously introduced proceedings On the day on which this Order comes into force.

  Article 32

  
  Seals, Minister of Justice, Minister of Economy, Finance and Industry and Minister Delegate to Budget and budgetary reform shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic

Appendix

A N N E X E S
TABLE A
(Amendment of Table I attached to the code of the judicial organization)
Seat and jurisdiction of courts of appeal, courts of high instance, district courts and courts of proximity

You can view the table in OJ
n ° 145 of 25/06/2003 page 10632 to 10657

OVERSEAS DEPARTMENTS
(ORDER N ° 2001-431 DU 18 MAY 2001, ART. 1)

You can view the table in the OJ
No 145 of the 25/06/2003 page 10632 to 10657

Territorial Community of Saint-Pierre-et-Miquelon

You can consult the table in OJ
No 145 of 25/06/2003 page 10632 to 10657

You can view the table in OJ
No 145 of 25/06/2003 page 10632 to 10657

(The rest without change.)

TABLE B
(Table V bis. -Headquarters and jurisdiction of local jurisdictions)

You can view the table in OJ
No 145, 25/06/2003 page 10632 to 10657

Done at Paris, 23 June 2003.

Jean-Pierre Raffarin

By the Prime Minister:

Seals Guard, Minister of Justice,

Dominique Perben

Minister of Economy,

Finance and Industry,

Francis Mer

Budget Minister

and budget reform,

Alain Lambert

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