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 code of civil procedure, the code of commerce, the general code of taxes, the code of administrative justice, the code of criminal procedure, the labour code and the code of civil procedure are modified.
Article 8-1 of Decree No. 2011-945 is repealed.
Order 2011-1202 is repealed with the exception of I of article 21.
Amendment of articles 26, 50, 108, 117-1, 117-3, 118, 138 and 158 of the Decree 91-1266.
Repeal of sections 1 (6th paragraph), 3 (2nd paragraph), 8 (last paragraph) and amendment of articles 1 (7th paragraph) and 36 (paragraph 1) of Decree No. 96-887.
Amendment of article 3 of the Decree 2010-1395.
Key words JUSTICE, Court judicial, ADMINISTRATIVE jurisdiction, LITIGANT, auxiliary of JUSTICE, legal aid, legal, removal, implementation assistance CONTRIBUTION, authority competent JORF n ° 0303 December 30, 2013 page 22242 text no. 11 Decree No. 2013-1280 29 December 2013 on the abolition of the contributions for legal aid and various provisions on legal aid 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 interested Publics: litigants, auxiliary of justice, judicial and administrative courts.
Subject: procedures for implementation of the deletion of the contribution for legal aid and various provisions relating to legal aid.
Entry into force: the provisions relating to the deletion of the contribution to legal aid come into force on January 1, 2014. However, for instances submitted before this date, the regulatory provisions relating to the contribution to legal aid remain applicable in their version in force at 31 December 2013. The other provisions of the decree come into force the day following its publication.
Notice: the Decree repeals the provisions relating to the contribution to legal aid, keeping among these past those applicable to law assigned to the Fund for compensation of the profession of attorneys closely appellate courts. The Decree carries various measures of coordination for legal aid and the textual changes to the reconcentration of the management of the budgetary allocations. It extends for a year the duration of the experiment in family mediation.
References: the order is made for the purposes of the provisions of article 128 of the Act No. 2013-1278 of 29 December 2013 2014 finance. The provisions amended by this decree can be found in their derived versions of this amendment, the site of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister, on the report of custody of the seals, Minister of justice, having regard to the commercial code;
Having regard to the general tax code and its annex II;
Having regard to the code of administrative justice;
Having regard to the code of civil procedure;
Having regard to the code of criminal procedure;
Having regard to the code of public health;
Seen the labour code;
Having regard to Act No. 91-647 of 10 July 1991 amended legal aid;
Pursuant to law n ° 2013 - 1278 of 29 December 2013 2014 finance, particular article 128 thereof;
Considering Decree No. 91 - 1266 of 19 December 1991 amended implementing Act No. 91 - 647 of 10 July 1991 on legal aid;
Mindful of Decree No. 96-887 10 October 1996 amended on model regulations on the rules of financial management and accounting of the funds paid by the State on caisses of the financial regulations of counsel for legal aid missions and for the help to the intervention of counsel under the provisions of part III of the Act of 10 July 1991;
Considering Decree No. 2010 - 1395 November 12, 2010, concerning mediation and judicial activity in family matters;
Considering Decree No. 2011 - 945 10 August 2011 on procedures for termination of leases of residential and resumption of the premises in the event of abandonment;
Mindful of Decree No. 2011-1202, September 28, 2011 on the right assigned to the Fund for compensation of the profession of lawyer near the courts of appeal and to the contribution to legal aid;
Having regard to the opinion of the national legal aid Council dated November 15, 2013;
The Council of State (Interior Division) heard, decrees: chapter I:: provisions relating to the deletion of the contribution to the legal aid Section 1: provisions amending the code of civil procedure section 1 more on this article...

The code of civil procedure is amended in accordance with articles 2 to 5 of this order.


Article 2 more on this article...

I. ― are repealed: 1 ° section III of chapter I of title IV of book I.
2 ° Chapter I bis of the subtitle III of title I of book II;
3 ° sections 1022-2, 1424-16 and 1567;
4 ° the second paragraph of articles 680 and 1114.
II. — the last sentence of article 1425-9 is deleted.


Article 3 read more on this article...

The 1568 article becomes article 1567. In this article, the words: "1567" are replaced by the words: "and 1566.


Article 4 more on this article...

Chapter I bis of the subtitle III of title VI of book II reads as follows: "chapter I: bis ' provisions relating to law assigned to the Fund for compensation of the solicitors profession near the courts of appeal «Art»» 963 - when the call comes within the scope of article 1635 bis P of the general tax code, the parties warrant, on pain of inadmissibility of the appeal or defense depending on the case, the payment of the fee provided for in this article.
"Except in the case of application for legal aid, the author of the main appeal warrants when filing its statement of appeal and other parties during the presentation of their deed of incorporation by the affixing of stamps Mobile or the furnishing of proof when the right to compensation for the profession of solicitor has paid electronically. In case of joint application, the appellants justify the payment of the fee the handing of their motion.
"When the party sought the benefit of legal aid, she joins the decision granting this aid to the Act subject to the payment of the fee. Absence of a decision on the application for legal aid, the Act is accompanied by a copy of this application. If this application for legal aid is declared null and void or denied, or the decision granting the is removed, the applicant justifies, on pain of inadmissibility, the payment of the fee in the following month, according to the case, the notification of lapse or the date on which the rejection or revocation became final.
"Estoppel is ascertained ex officio by the magistrate or competent training. The parties do not have quality to lift this inadmissibility. They are notified of the decision by the registry.
«Art.» 964 - have jurisdiction to order the inadmissibility of the appeal pursuant to article 963: "― the first president;
'— the president of the Chamber to which the case is distributed;
'— where appropriate, the counsel of perfection until the end of the statement or the magistrate investigating the case until the hearing scheduled for the debates;
"― the formation of judgment.
"Unless the parties were convened or cited to appear at a hearing, they can rule without debate. They decide, where appropriate, on claims based on section 700.
"Entered a period of fifteen days following their decision, they report, error, inadmissible, without debate. The time limit for appeal against the decision of inadmissibility short from the notification of the decision which refused to rescind it.
"The inadmissibility decision pronounced by the Advisor of the readiness or the magistrate to investigate the matter may be referred to the Court under the conditions provided for respectively by articles 916 and 945.
"When it comes the first president or the speaker of the House, decision may be the subject of the appeal opened against the decisions of the Court.
«Art.» 964-1.-as an exception to article 963, in graceful matters, the appellant justifies the payment of the fee at the request of the registry of the Court of appeal. » Section 2: provisions of coordination Article 5 more on this article...

The title of section III of chapter II of title IV of Book III is supplemented by the words: "before the commercial court.


Article 6 read more on this article...

Article R. 663-1-1 of the commercial code is repealed.


Article 7 read more on this article...

Annex 2 of the general tax code is amended: 1 ° has the title of section VI of chapter II of title IV of part two of the book I, the words: 'and contribution to legal aid' shall be deleted;
2 ° in article 326 ter, the reference to article 964 is replaced by a reference to article 963;
3 ° sections 326 c and 326 d are repealed.


Article 8 more on this article...

The code of administrative justice is amended as follows: 1 ° articles R. 411 - 2 and R. 411-2-1 are repealed.
2 ° the second subparagraph of article R. 751 - 5 is deleted;
3 ° to the first paragraph of article R. 761 - 1, the words: ' the contribution to legal aid laid down in article 1635 bis du code Général des Impôts, as well as Q ' are deleted.


Article 9 read more on this article...

Are deleted in the code of criminal procedure: 1 ° the penultimate paragraph of article R. 26, the sentence: "the query is not subject to the payment of the contribution to legal aid provided for by article 1635 bis Q of the general code of taxes. ';

2 ° the last paragraph of article R. 40 - 4.


Article 10 more on this article...

The last sentence of the first subparagraph of article R. 2141-10 of the code of public health is removed.


Article 11 read more on this article...

Are deleted in the labour code: 1 ° the last sentence of article r. 3252-8: "they are exempt from the payment of the contribution to legal aid provided for by article 1635 bis Q of the general code of taxes."
2 ° the last paragraph of article R. 3252-30.


Article 12 read more on this article...

Article 8-1 of the Decree of 10 August 2011 referred to above is hereby repealed.


Article 13 read more on this article...

I. ― September 28, 2011 above-mentioned Decree is repealed with the exception of I of article 21.
II. ― to 1 ° of article 21 of the same Decree, the words: "article 964 of the code of civil procedure resulting from article 5 of this Decree comes into force on January 1, 2012 and remains" are replaced by the words: 'section 963 of the code of civil procedure continues to apply.

Chapter II: Various provisions relating to the legal aid Section 1: provisions amending Decree No. 91 - 1266 of 19 December 1991 section 14 learn more on this article...

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


Article 15 read more on this article...

Are replaced: 1 ° to 1 ° of article 26, the words: 'national technical commission' with the words: "national court of disability and the pricing of insurance for work accidents";
2 ° the last sentence of the third paragraph of article 50 by the following sentence: "the notification of the decision dismissing the legal aid or in withdrawing or declaring invalid request recalls, where appropriate, that the right to compensation for the profession of solicitor of Court of appeal provided for by article 1635 P of the general code of taxes shall, when it is due. , be acquitted in accordance, as appropriate, by articles 963 and 964 - 1 code of civil procedure. » ;
3 ° to 1 ° of section 138 references: '11 ° to 14 °' by references: '10 ° to 13 °' and 2 ° of the same article, the reference: '10 °' by the reference: '9 ° '.


Article 16 read more on this article...

The first paragraph of article 108 reads as follows: "when the beneficiary of legal aid counsel has recovered the amount allocated on the basis of article 37 of the Act of 10 July 1991 within the period of twelve months from the day on which the decision is placed in res judicata, it shall forthwith the Registrar or the Secretary of the Court that rendered the decision as well as the Fund's financial regulations which. It notes. When he renounces within the same period to recover this sum or in covers that part and that the recovered fraction does not exceed the contributory part of the State, it asks to the registry or to the Secretary of the Court the issuance of a certificate of mission which mentions, where appropriate, the amount of recoveries. Upon expiry of that period, the lawyer who did not seek the issuance of a certificate of mission, is deemed waived the contributory part of the State. ' Article 17 more on this article...

I. ― are deleted in article 117-1 (b) of 1 °, and in the last paragraph, the words: ", the national Council of the bars and the National Union of caisses monetary regulations of lawyers".
II. — of the same article 1 ° c becomes the b.


Article 18 read more on this article...

The provisions of article 117-3 replaced by the following: «art.» 117 - 3 ' National Union of financial regulations of lawyers unions passes at the Chancellery: "1 ° monthly, cash States consolidated from all funds of monetary regulations of lawyers provided for in article 37 of the model regulations made for the purposes of article 29 of the Act of 10 July 1991;
«2 ° annually, the following States consolidated monetary regulations of lawyers funds.»


Article 19 more on this article...

Shall be deleted in article 118: 1 ° in the first paragraph, the words: ", after deduction of the amount of the allocation assigned to the bar by the national Bar Council in respect of the distribution of the proceeds of the contribution provided for in article 1635 bis Q of the general code of taxes";
2 ° in the third paragraph, the words: ", after deduction of the amount of the allocation actually paid to the Fund's financial regulations of lawyers in accordance with the same article 1635 bis Q.


Article 20 more on this article...

The fourth paragraph of article 158 is replaced by the following: "They are also instituted authorising secondary revenue relating to the remuneration of lawyers registered at the bars established close to the high courts of their jurisdiction lending their assistance from legal aid or assistance to the intervention of counsel under the provisions of part III of the Act of 10 July 1991 above."

Section 2: Provisions amending Decree No. 96-887 dated October 10, 1996 Article 21 read more on this article...

The Model Regulations annexed to the Decree of 10 October 1996 referred to above is amended as follows: 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: 'records also distinguish the origin of the funds allocated to legal aid (the State, produces the contribution of legal aid staffing) ";
2 ° to the first paragraph of article 36, the words: "as well as the national Council of the bars and the National Union of caisses of the financial regulations of lawyers.

Section 3: Provisions amending the code of civil procedure Article 22 in more on this article...

Article 700 of the code of civil procedure shall be replaced by the following: «art.» 700. - the judge condemned the Party held to pay the costs or who loses his trial to pay: "1 ° to the other party the amount it determines, in respect of fees exposed and not included in the costs;
«2 ° and, where appropriate, to counsel for the total or partial legal aid beneficiary a sum in respect of fees and charges, not included in the costs, that the beneficiary of the aid would be exposed if it had not been this aid. In this case, it is method as stated in paragraphs 3 and 4 of article 37 of Act No. 91-647 of 10 July 1991.
"In all cases, the judge takes into account equity or the economic situation doomed part. It can, even ex officio, for reasons from same considerations, saying that there is no place in these sentences. Nevertheless, if it allocates a sum in respect of the 2 ° of this article, may not be less than the contributory part of the State. "Chapter III: transitional and final provisions Article 23 read more on this article...

Article 2 of the Decree of November 12, 2010 above, the date: '31 December 2013' is replaced by: 'December 31, 2014.


Section 24 read more on this article...

The provisions of 3 ° of article 15 and articles 16 to 21 apply in French Polynesia.


Article 25 more on this article...

The provisions of chapter I of this decree come into force January 1, 2014, to proceedings from this date.
The regulatory provisions relating to the contribution to legal aid remain applicable in their version in force at 31 December 2013 for the proceedings until that date.


Article 26 more on this article...

The keeper of the seals, Minister of justice, the Minister of economy and finance, the Minister of overseas and the Minister delegate to the Minister of economy and finance, responsible for the budget, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Made on December 29, 2013.
Jean-Marc Ayrault by Prime Minister: custody of the seals, Minister of justice, Christiane Taubira of economy and finance, Minister Pierre Moscovici the Minister of overseas, Victorin Lurel the Minister delegate to the Minister of economy and finance, responsible for the budget, Bernard Cazeneuve

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