Key Benefits:
Public officials involved: officers of the offices and lawyers.
Subject: legal aid and retribution of legal aid missions by lawyers to the National Court of Asylum Law and to administrative courts in respect of disputes of foreigners.
Entry into force: the text comes into force on the day after its publication. The modification of the amount of the remuneration of lawyers involved in legal aid in matters of litigation of aliens before administrative courts is applicable to the missions carried out from the date of publication of this decree.
Notice: the decree revamps the missions carried out by lawyers under legal aid before the National Court of Asylum Law and extends to all staff the possibility of appointing a lawyer to assist an asylum seeker under legal aid in order to ensure full application of the videoconferencing device.
It also adjusts the amount of the remuneration of lawyers involved in legal aid in matters of litigation of aliens before administrative courts. This award will be set at 8 units of value (UV) when the foreigner is placed in custody or house arrest (art. R. 776-14 et seq. of the Administrative Justice Code) and 16 UV when the foreigner is not subject to such a measure (R. 776-10 et seq. of the same code).
The decree finally proceeds with certain coordination measures in the field of legal aid.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu le Administrative Justice Code ;
Considering the Civil Procedure Code;
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 with the local civil procedure code;
Vu la Act No. 91-647 of 10 July 1991 amended on legal aid;
Vu la Act No. 2011-672 of 16 June 2011 relating to immigration, integration and nationality;
Vu le Decree No. 91-1266 of 19 December 1991 amended to implement Act No. 91-647 of 10 July 1991 relating to legal aid;
Vu le Decree No. 91-1369 of 30 December 1991 modified fixing the specific application modalities in overseas departments, in Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon and in French Polynesia of the Act No. 91-647 of 10 July 1991 relating to legal aid;
Vu le Decree No. 2011-819 of 8 July 2011 taken for application of Act No. 2011-672 of 16 June 2011 relating to immigration, integration and nationality, including Article 5;
Considering the referral of the General Council of Guadeloupe dated 29 January 2013;
Considering the referral of the Regional Council of Guadeloupe dated 29 January 2013;
Considering the referral of the General Council of Guyana dated 29 January 2013;
Considering the referral of the Guyana Regional Council dated 29 January 2013;
Considering the referral of the General Council of Martinique dated 29 January 2013;
Considering the referral of the Martinique Regional Council dated 29 January 2013;
Considering the referral of the General Council of La Réunion dated 29 January 2013;
Considering the referral of the Regional Council of La Réunion dated 29 January 2013;
Considering the referral of Mayotte's General Council dated 29 January 2013;
Considering the advice of the territorial council of Saint-Barthélemy dated 7 February 2013;
Considering the referral of the territorial council of Saint-Martin dated 29 January 2013;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 29 January 2013;
Considering the opinion of the French Polynesia government of 14 February 2013;
Considering the opinion of the National Legal Aid Council of 4 December 2012;
The State Council (inland section) heard,
Decrete:
The decree of 19 December 1991 referred to above is amended in accordance with the provisions of this chapter.
Are replaced:
1° At 3° of Article 4, the words: "the minimum income of insertion" by the words: "the package referred to in 2° of Article L. 262-2 of the code of social action and families";
2° At the 3rd of Article 12, at the 2nd of Articles 13,14 and 15 and at Article 22, the words "tax services" by the words "public finances";
3° At the 4th of Article 12, at the 3rd of Articles 13,14 and 15 and at Article 22, the words: "health and social affairs" by the words: "social cohesion or, if any, social cohesion and the protection of populations";
4° At the 1st of Article 14, the words: "A lawyer established" by the words: "Two lawyers established";
5° At 1° of Article 18, the words: "the bars of the springs of the Court of Appeal of Paris or the Court of Appeal of Versailles" by the words: "designated on the proposal of the National Council of Bars";
6° In the last paragraph of Article 70, Articles 106,106-1, in the first paragraph of Articles 107 and 124, in the fourth paragraph of Article 119, the word "subpoena" by the words "of the General Directorate of Public Finance";
7° In the first and last paragraphs of Article 119-1, the word "third" by the word "fourth";
8° At the 3rd of Article 134, the words "of action" by the words "general of cohesion".
The second paragraph of section 20 is repealed.
Section 34 is amended as follows:
1° The second sentence of the second paragraph of the 9th is deleted;
2° After 10°, it is added an 11° as follows:
« 11° By derogation from the 1st of this article, before the National Court of Asylum Law, the plaintiff produces a statement on the honour stating that he does not have resources in France or from abroad in an amount greater than the thresholds provided by theArticle 4 of Act No. 91-647 of 10 July 1991. Where applicable, the claimant who is the recipient of the temporary waiting allowance shall produce any document justifying the perception of that benefit. »
In article 80, the words: "from the lists established by the stickers of the bars of the Court of Appeal of Paris and the Court of Appeal of Versailles, according to a method of distribution agreed between these stickers and the president of the National Court of the Right of Asylum" are replaced by the words: "a list established by the sticker of the bar in which the applicant has his domicile".
The first paragraph of section 81 is amended as follows:
1° The words: "and L. 512-1 to 512-4" are replaced by the words: "L. 511-1, L. 511-3-1, L. 512-1 to L. 512-4 and L. 552-1 to L. 552-10";
2° The words: "or of theArticle 4 of Decree No. 91-1164 of 12 November 1991 » are deleted.
The table annexed to Article 90 is amended as follows:
I. ― In the column: "PROCEDURES":
1° The provisions of lines XIV. 6 and XIV. 7 are replaced by the following:
« XIV. 6. Appeals against the decisions mentioned in theArticle R. 776-1 of the Administrative Justice Code, when the foreigner is placed in custody or under house arrest";
« XIV. 7. Appeals against the decisions mentioned in theArticle R. 776-1 of the Administrative Justice Codewhere the foreigner is not placed in custody or under house arrest;
2° After line XV, it is added two lines as follows:
« XV. 1. Procedures in public hearings »;
« XV. 2. Other procedures. »
II. – In the column: “COEFFICIENTS”:
- the coefficient in front of line XIV. 6 is set at 8 UV;
- the coefficient in front of line XIV. 7 is set at 16 UV;
- the coefficient in front of line XV. 1 is set at 16 UV;
- the coefficient in front of line XV. 2 is fixed to 4 UV.
The table annexed to section 153 is amended as follows:
I. ― In the column: "AppELS":
1° Lines IV.1 and IV.2 are supplemented by the words: "in appeal proceedings without mandatory representation";
2° After line IV.2, two lines are added:
"IV.3. Calls and contradicts appeal procedures with mandatory representation";
"IV.4. Call with reference in appeal procedures with mandatory representation. »
II. ― In the "UV" column:
- the base coefficient in front of line IV.3 is set at 26 UV (1);
– the base coefficient in front of line IV.4 is set at 30 UV (1).
III. ― After the annexed table, a note (1) is added to this section:
The above-mentioned decree of 30 December 1991 is amended:
1° In article 3, after the words: "from Fort de France", are inserted the words: ", from Cayenne";
2° In Article 7-8, the words "L. 512-1 to L. 512-4" are replaced by the words "L. 511-1, L. 511-3-1, L. 512-1 to L. 512-4, L. 522-1, L. 522-2 and L. 552-1 to L. 552-10";
3° In the last paragraph of Article 16, the word "general" is replaced by the word "territorial";
4° In Article 17, the words: "from overseas departments and territories" are replaced by the words: "from overseas";
5° In Article 17-2, the words: "the second paragraph of Article 124 and Article 153-1" are replaced by the words: "and the second paragraph of Article 124";
6° In article 17-4, a paragraph is inserted as follows:
"The 3rd of Article 4 is replaced by the following provisions:
"The ascendant who dwells with the plaintiff on legal aid and whose resources do not exceed the amount of the solidarity allowance to the elderly, provided for by the amended deliberation No. 82-33 of 15 April 1982 bearing the institution of a minimum age, or do not exceed the income to be affiliated with the French Polynesia solidarity regime";
7° In 17-5, the words "tax services" are replaced by the words "public finances" and the words "health and social affairs" by the words "social cohesion";
8° In article 17-7, a paragraph is inserted as follows:
"For the purposes of the eleventh paragraph of Article 34 of the Decree of 19 December 1991, the words "of the allowance of solidarity to the elderly or of the income of active solidarity and that for the latter, its resources do not exceed the flat amount referred to in the 2nd of Article L. 262-2 of the code of social action of the families", are replaced by the words: "of the minimum old institution of solidarity to the persons » ;
9° Section 17-10 is replaced by the following:
"Art. 17-10. - For the application of articles 38-1 and 81 of the decree of 19 December 1991, the reference to Articles 902, 908 to 910, 1186, 1209 and 1261 of the Civil Procedure Code and the reference to articles L. 222-1 to L. 222-6, L. 511-1, L. 511-3-1, L. 512-1 to L. 512-4 and L. 522-1 to L. 552-10 of the Code of Entry and Residence of Aliens and the Right of Asylum are replaced respectively by the reference to the provisions of the same nature of the Code of Civil Procedure of French Polynesia and sections 32, 33, 50 and 52 of Order No. 2000-372 of 26 April 2000 relating to the conditions of entry and residence of foreigners in French Polynesia. »
I. ― The provisions of this Decree shall apply in French Polynesia, with the exception of those mentioned in 1° of I and the first and second dashes of II of Article 7.
II. ∙ The provisions mentioned in 1° of I and the first and second dashes of Article 7 II are not applicable to Mayotte, Saint-Martin and Guyana.
III. ― Until the expiry of a five-year period from the publication of the Act of 16 June 2011, these provisions are not applicable to Saint-Barthélemy and Guadeloupe.
The provisions of Article 7 of this Decree shall apply to requests for regulation made under legal aid missions carried out as of the publication of this Order.
The Seal Guard, Minister of Justice, Minister of Economy and Finance, Minister of Overseas and Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 20 June 2013.
Jean-Marc Ayrault
By the Prime Minister:
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Economy and Finance,
Pierre Moscovici
Minister of Overseas,
Victorin Lurel
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
