Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering the Code of Criminal Procedure, including articles R. 122 and R. 133;
Having regard to Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border cases through the establishment of common minimum legal aid rules in such cases;
Having regard to the law of 1 June 1924 bringing into force French civil law in the departments of Bas-Rhin, Haut-Rhin and Moselle, together Decree No. 76-899 of 29 September 1976 on the application of the new Code of Civil Procedure in the departments of Bas-Rhin, Haut-Rhin and Moselle;
Considering Act No. 91-647 of 10 July 1991 on legal aid, last amended by Act No. 2005-750 of 4 July 2005, on various provisions for adaptation to community law in the field of justice;
In view of the amended Decree No. 62-1587 of 29 December 1962 on the General Regulation on Public Accounts;
Having regard to the amended Decree No. 91-1266 of 19 December 1991 implementing Act No. 91-647 of 10 July 1991 on legal aid;
Considering the opinion of the National Legal Aid Council of 9 September 2005;
The State Council (inland section) heard,
Decrete:
The above-mentioned Decree of 19 December 1991 is amended in accordance with the provisions of articles 2 to 6 of this Decree.
I. - In Article 34, the 5th is supplemented by the words: "or, if a foreign national, by the production of any equivalent material recognized by the laws of his country of origin or residence; »
II. - After the 7° of the same article, it is inserted an 8° as follows:
« 8° Where legal aid is sought in cross-border litigations pursuant to Article 3-1 of the Act of 10 July 1991, the documents and documents under which it is authorized to reside in a Member State of the European Union, as well as a justification of its domicile or the usual character of that residence, and, where applicable, a copy of any insurance contract or act relating to another protection system allowing the taking of costs. »
Section 51 is supplemented by a paragraph to read:
« 6° Where legal aid is granted in a cross-border dispute referred to in Article 3-1 of the Act of 10 July 1991, to the receiving and dispatching authority designated by France in accordance with Article 14 of Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border cases by establishing common minimum rules on legal aid granted in such cases. »
It is inserted, after section 119, an article 119-1 as follows:
"Art. 119-1. - Where legal aid is granted in a cross-border dispute pursuant to Article 3-1 of the Act of 10 July 1991, and the proceeding takes place in France, the costs of interpreters, the costs of translation of the documents that the judge has deemed indispensable to examine in order to assess the means raised by the beneficiary of the assistance, as well as the costs of the movement of persons whose presence in the third paragraph is required by the judge,
"When the proceeding does not take place in France, the costs of translating the request for assistance and the documents required for its pre-transmission of this request to the State of the competent jurisdiction on the merits are advanced by the State in the light of an order issued by the security guard, Minister of Justice.
"The remuneration of translators and interpreters shall be determined in accordance with the provisions of Article R. 122 of the Code of Criminal Procedure.
"The travel expenses of persons whose attendance at the hearing in France is required by the judge shall be covered, on justification, by an allowance equal to that granted to witnesses by article R. 133 of the Code of Criminal Procedure. This allowance shall be paid in the light of the summary statement referred to by the Chief Clerk, together with supporting documents, as provided in the third paragraph of section 119. »
Article 124 is supplemented by a second paragraph, as follows:
"In cross-border disputes referred to in Article 3-1 of the Act of 10 July 1991, if the request for assistance transmitted to the State of the competent jurisdiction on the merits is rejected, the costs of translation of this application and the documents required for its instruction shall be recovered against the applicant for assistance by a public accountant in accordance with the provisions set out in Articles 80 et seq. of the decree of 29 December 1962 referred to above, in the light of a title of »
It is inserted, after Article 153, an article 153-1 as follows:
"Art. 153-1. - Where legal aid is granted in a cross-border dispute pursuant to Article 3-1 of the Act of 10 July 1991 and the proceeding takes place in the departments of Bas-Rhin, Haut-Rhin or Moselle, the translation and interpreter costs referred to in the first paragraph of Article 119-1 are covered under the conditions provided for in the first paragraph of Article 478 of the Local Law of 30 June 18 »
The Minister of Economy, Finance and Industry, and the Minister of Justice, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic, each in respect of it.
Done in Paris, November 29, 2005.
Dominique de Villepin
By the Prime Minister:
The Seal Guard, Minister of Justice,
Pascal Clément
Minister of Economy,
finance and industry,
Thierry Breton
