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Decree No. 2013 - 1280 29 December 2013 On The Deletion Of The Contribution To Legal Aid And Various Provisions Relating To Legal Aid

Original Language Title: Décret n° 2013-1280 du 29 décembre 2013 relatif à la suppression de la contribution pour l'aide juridique et à diverses dispositions relatives à l'aide juridique

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Summary

The Civil Procedure Code, the Commercial Code, the General Tax Code, the Administrative Justice Code, the Criminal Procedure Code, the Labour Code and the Civil Procedure Code are amended.
Article 8-1 of Decree 2011-945 is repealed.
Order in Council 2011-1202 is repealed with the exception of Article 21.
Amendments to articles 26, 50, 108, 117-1, 117- 3, 118, 138 and 158 of Decree 91-1266.
Repeal of articles 1 (6th preambular paragraph), 3 (2nd preambular paragraph), 8 (last preambular paragraph) and amendments to articles 1 (7th preambular paragraph) and 36 (1st preambular paragraph) of Decree 96-887.
Amendment of Article 3 of Decree 2010-1395.

Keywords

JUSTICE , JUDICIARY , ADMINISTRATIVE , JUSTICIABLE , JUSTICE , LEGAL , CONTRIBUTION FOR LEGAL , SUPPRESSION , IMPLEMENT , COMPETENT AUTHORITY


JORF n°0303 of 30 December 2013 page 22242
text No. 11



Decree No. 2013-1280 of 29 December 2013 on the elimination of contribution for legal aid and various legal aid provisions

NOR: JUST1329427D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/12/29/JUST1329427D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2013/12/29/2013-1280/jo/texte


Public officials concerned: justice officers, judicial and administrative courts.
Subject: modalities for the implementation of the deletion of the contribution for legal aid and various legal aid provisions.
Entry into force: the deletion of contribution for legal aid comes into force on January 1, 2014. However, for the proceedings before that date, the regulatory provisions relating to contribution for legal aid remain applicable in their drafting effective December 31, 2013. The other provisions of the decree come into force on the day after its publication.
Notice: the decree repeals the provisions relating to the contribution for legal aid, retaining among them those applicable to the right assigned to the compensation fund of the profession of confesses near the appeal courses. The decree carries out various legal aid coordination measures and the textual changes necessary to re-establish the management of budgetary allocations. He extends the duration of experimentation in family mediation for one year.
References: the decree is taken for the application of provisions of Article 128 of Act No. 2013-1278 of 29 December 2013 Finance for 2014. The provisions amended by this decree are available in their version of this amendment on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu le Trade code ;
Vu le General Tax Code and its annex II;
Vu le Administrative Justice Code ;
Considering the Civil Procedure Code;
Vu le Code of Criminal Procedure ;
Vu le Public Health Code ;
Vu le Labour code ;
Vu la Act No. 91-647 of 10 July 1991 amended on legal aid;
Vu la Act No. 2013-1278 of 29 December 2013 for 2014, including its article 128;
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. 96-887 of 10 October 1996 amended by-law relating to the rules of financial and accounting management of funds paid by the State to the credit unions of the legal regulations for legal aid missions and for the assistance of the lawyer provided for in the provisions of Part III of the Act of 10 July 1991;
Vu le Decree No. 2010-1395 of 12 November 2010 relating to mediation and judicial activity in family matters;
Vu le Decree No. 2011-945 of 10 August 2011 the procedures for the termination of residential leases and the recovery of places in case of abandonment;
Vu le Decree No. 2011-1202 of 28 September 2011 relating to the right assigned to the Occurrency Compensation Fund near the appeal courses and the contribution for legal aid;
Considering the opinion of the National Legal Aid Council of 15 November 2013;
The State Council (inland section) heard,
Decrete:

  • Chapter I: Provisions relating to the deletion of contribution for legal aid
    • Section 1: Provisions Amending the Civil Procedure Code Article 1 Learn more about this article...


      The Code of Civil Procedure is amended in accordance with Articles 2 to 5 of this Decree.

      Article 2 Learn more about this article...


      I. ― Are repealed:
      1° Section III of Chapter I of Title IV of Book I;
      2° Chapter I bis of subtitle III of title I of Book II;
      3° Articles 1022-2,1424-16 and 1567;
      4° The second paragraph of articles 680 and 1114.
      II. ― The last sentence of section 1425-9 is deleted.

      Article 3 Learn more about this article...


      Section 1568 becomes section 1567. In this article, the words "at 1567" are replaced by the words "and 1566".

      Article 4 Learn more about this article...


      Chapter I bis of subtitle III of title VI of Book II reads as follows:


      “Chapter I bis



      "Relations relating to the right assigned to the compensation fund of the profession of confesses near the appeal courses
      "Art. 963.-When the call enters the application field of theArticle 1635 bis P of the General Tax Code, the parties only justify, as soon as the appeal or defences are inadmissible, the acquittal of the right provided for in this article.
      "With the exception of a request for legal aid, the author of the main appeal justifies it at the time of the handover of his notice of appeal and the other parties at the time of the handover of their constitutional act by the affixing of mobile stamps or by the handing of a supporting document when the right to compensation for the occupation of omitted was paid electronically. In the event of a joint request, the appellants justify the acquittal of the right when the application is filed.
      "When the party sought legal aid, it attached the decision granting such assistance to the act subject to the acquittal of the law. If no decision is made on the application for legal aid, the act is accompanied by a copy of the application. If this application for legal aid is declared null and void or the awarding decision is withdrawn, the applicant shall, as soon as it is inadmissible, justify the acquittal of the right within the following month, as the case may be, the notification of the offence or the date on which the rejection or withdrawal has become final.
      "Inadmissibility is recognized ex officio by the competent magistrate or training. The parties are unqualified to raise this inadmissibility. They are notified of the decision by the Registry.
      "Art. 964.-Sont competent to rule the inadmissibleness of the appeal under Article 963:
      “– the first president;
      "– the chair of the chamber to which the matter is distributed;
      ", as the case may be, the pre-trial advisor until the completion of the investigation or the magistrate responsible for instructing the case until the hearing for the proceedings is scheduled;
      "—the formation of judgment.
      "Unless the parties have been summoned or summoned to appear at a hearing, they may rule without debate. They decide, if any, on requests based on section 700.
      "Sirs within fifteen days of their decision, they report, in the event of an error, the irreceivability, without debate. The time limit for appeal against the decision to be inadmissible is short from notification of the decision that refuses to report it.
      "The decision to be inadmissible by the presiding officer or the magistrate responsible for instructing the case may be referred to the court under the conditions set out in articles 916 and 945 respectively.
      "When it comes from the first president or the chair of the board, the decision can be appealed against court decisions.
      "Art. 964-1.-With the exception of Article 963, in the matter of grace, the appellant justifies the acquittal of the right upon request of the court of appeal. »

  • Chapter II: Various legal aid provisions
    • Section 1: Provisions amending Decree No. 91-1266 of 19 December 1991 Article 14 Learn more about this article...


      The decree of 19 December 1991 referred to above is amended in accordance with the provisions of this section.

      Article 15 Learn more about this article...


      Are replaced:
      1° At the 1st of Article 26, the words: "national technical commission" by the words: "National Court of Incapacity and Costing of Insurance of Industrial Accidents";
      2° The last sentence of the third paragraph of Article 50 by the following sentence: "The notification of the decision rejecting legal aid or withdrawing the benefit or declaring the deciduous application recalls, if any, that the right to compensation for the occupation of omitted from the court of appeal provided for by theArticle 1635 bis P of the General Tax Code must, where due, be paid under the prescribed conditions, as the case may be, by articles 963 and 964-1 of the Civil Procedure Code. » ;
      3° At 1° of Article 138, the references: "11° to 14°" by the references: "10° to 13°" and, at 2° of the same article, the reference: "10°" by the reference: "9°".

      Article 16 Learn more about this article...


      The first paragraph of section 108 is as follows:
      "When the lawyer of the beneficiary of legal aid recovered the amount allocated on the basis of section 37 of the Act of 10 July 1991 within twelve months of the day on which the decision was made in force, the court shall promptly notify the clerk or secretary of the court who rendered the decision and the body of the financial regulations under his jurisdiction. When the renouncing within the same period of time to recover the sum or recover only a party and the fraction recovered does not exceed the share of the State, the Registrar or the Secretary of the Court shall request the issuance of a certificate of mission, which, if any, mentions the amount of the sum recovered. Upon the expiry of the above-mentioned period, a lawyer who has not requested the issuance of a mission certificate is deemed to have waived the State's share of contributor. »

      Article 17 Learn more about this article...


      I. ― Article 117-1 (b) of the 1st and, in the last paragraph, the words "to the National Council of Bars and the National Union of Banks of Financial Regulations of Lawyers".
      II. – The c of the 1st of the same article becomes the b.

      Article 18 Learn more about this article...


      The provisions of Article 117-3 shall be replaced by the following provisions:
      "Art. 117-3.-The Union nationale des caisses de règlement pécuniaires des avocats transmits to the Chancellery:
      « 1° On a monthly basis, consolidated cash statements of all legal deposits under section 37 of the Model Regulations for the purposes of section 29 of the Act of 10 July 1991;
      « 2° Annually, consolidated liquidative statements of the lawyers' cash pools. »

      Article 19 Learn more about this article...


      Deleted in section 118:
      1° In the first paragraph, the words: ", deducting from the amount of the staffing allocated to the bar by the National Council of Bars for the distribution of the proceeds from the contribution provided for in theArticle 1635 bis Q of the General Tax Code » ;
      2° In the third paragraph, the words: ", after deduction of the amount of the actual endowment paid to the law enforcement agency of lawyers pursuant to section 1635 bis Q."

      Rule 20 Learn more about this article...


      The fourth paragraph of section 158 is replaced by the following provisions:
      "They are also instituted secondary orderers of the revenues relating to the retribution of lawyers registered to the bar established near the courts of large instance of their jurisdiction lent their assistance in the legal aid or assistance to the intervention of the lawyer provided for in the provisions of Part III of the Act of 10 July 1991 referred to above. »

    • Section 2: Provisions amending Decree No. 96-887 of 10 October 1996 Article 21 Learn more about this article...


      The Model Regulations annexed to the above-mentioned Decree of 10 October 1996 are thus amended:
      I. ― Are repealed:
      1° The sixth paragraph of Article 1;
      2° The second paragraph of Article 3;
      3° The last paragraph of Article 8.
      II. ― Are deleted:
      1° In the seventh paragraph of Article 1, the words: "Registrations also distinguish the origin of the funds allocated for legal aid (supply of the State, produces the contribution of legal aid)";
      2° In the first paragraph of Article 36, the words "as well as the National Council of Bars and the National Union of Banks of the Financial Regulations of Lawyers".

    • Section 3: Provisions Amending the Code of Civil Procedure Article 22 Learn more about this article...


      Section 700 of the Civil Procedure Code is replaced by the following:
      "Art. 700.-The judge condemns the party held at the expense or who loses his trial to pay:
      « 1° The other party determines the amount that it determines, in respect of the costs exposed and not included in the costs;
      « 2° And, if applicable, to the lawyer of the recipient of partial or total legal aid an amount for fees and expenses, not included in the costs, that the recipient of the assistance would have provided if he had not had that assistance. In this case, it is done as stated in the paragraphs 3 and 4 of section 37 of Act No. 91-647 of 10 July 1991.
      "In all cases, the judge takes into account the fairness or economic situation of the convicted party. He may, even on his own behalf, for reasons derived from the same considerations, say that there is no reason for these convictions. However, if it allocates a sum under the 2nd of this article, it cannot be less than the contributive part of the State. »

  • Chapter III: Transitional and final provisions Article 23 Learn more about this article...


    In section 2 of the above-mentioned decree of November 12, 2010, the date: "December 31, 2013" is replaced by the date: "December 31, 2014".

    Article 24 Learn more about this article...


    The provisions of 3° of Article 15 and those of Articles 16 to 21 are applicable in French Polynesia.

    Rule 25 Learn more about this article...


    The provisions of Chapter I of this Decree come into force on 1 January 2014 for the proceedings introduced from that date.
    The regulatory provisions relating to contribution for legal aid remain applicable in their drafting in force as of December 31, 2013 for proceedings brought up to that date.

    Rule 26 Learn more about this article...


    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 29 December 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


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