Credit: FRED TANNEAU / AFP Jean-Jacques Urvoas 25 August 2014 (archives)
the last major judicial reform Hollande quinquennium is as wide qu’hétéroclite. Since 17 May, the National Assembly examines the bill called “ Justice in the Twenty-first Century “. In contrast to the turbulent passage of the Labour Act, which required the use of Article 49.3, the government expects a more consensual debate.
With the objective to “ refocus the judge on his appreciation ” but also to streamline the justice system that suffers from its overburdened courts, the bill defended by Jean-Jacques Urvoas , Minister of Justice, has a wide range of measures may concern many French. This is particularly the case with an overhaul of the procedure for certain traffic offenses or the simplification of divorce proceedings by mutual consent.
Divorce by mutual consent without appearance before a judge
In France, 54% of divorces are by consent mutual. In a “pragmatic” will unclog the courts, according to Jean-Jacques Urvoas, the government hopes that this procedure can go to completion without going before the judge. Each of the spouses must be represented by a lawyer instead of one for both parties are to sign a divorce agreement. Then instead of a magistrate is responsible for validating the divorce agreement, is a notary who will endorse and sign . Once past a 15-day withdrawal period, the divorce would be effective.
The name change made easier
people with a difficult name to bear can get rid of easily. Rather than go to court, interested can directly contact a mayor or another registrar to establish their claim. It will no longer be necessary to secure the services of a lawyer, which makes the much less expensive procedure for 2,700 individuals, on average each year, ask for a change of name. According to the Ministry of Justice, they are rejected in 6.7% of cases.
The Vital to sex change made simpler
At present, a request for change of civil status for transgender people sometimes requires medical criteria the courts. An amendment of the text now provides that the person goes before a prosecutor to “ show that she feels the other sex and that the company looks like this: .”
the late courts for indebted people
When a person is declared in serious debt, rescheduling plan and debt cancellation must be submitted to a judge. Yet in almost all cases, these folders are already validated by the Bank of France. To expedite the process, the government therefore wishes to put an end to the judicial phase .
Simplification of procedures for traffic offenses
the procedures for driving without a license and without insurance will seek less justice, as wished previously Christiane Taubira when she was still in office Place Vendôme . If the text is adopted as is, these two offenses will be punished by fixed fines of 500 euros . However, if it is a recurrence or if other offenses are cumulative, the driver must still go through the court.
The law also provides for a device immobilizer with electronic breathalyser for people on probation or with up to stay in competition. A specific offense for driving with a fake license will also be created, with a maximum penalty of five years imprisonment. Finally, the police will have the option to verbalize based on video images for some offenses, such as wearing headphones or fault belt, speeding or if red light grilled.
Facilitate group actions
the government wants to merge the courts of social security cases (100,000 cases handled in 2012) and those of disability (42,500 cases). Another promise: facilitate group actions injured parties in the areas of health, discrimination, discrimination at work, the environment and personal data. These actions will be managed by certified associations. For small claims (amounts below 4,000 euros), the government will encourage conciliation.
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