Divorce without going before the judge, simplify change of civil status of transgender and transsexual or delete correctional juvenile courts: Bill on “justice XXI th century” is as vast qu’hétéroclite. The deputies seized Tuesday, May 17 the last judicial reform five years, driven by the justice minister Jean-Jacques Urvoas
The main changes.
divorce by mutual consent without appearance before a judge
probably the most media measurement: taking note of the fact that 54% of divorces in France takes place by mutual consent, the government wants them to be pronounced without passing before the judge.
Specifically, when both spouses have reached agreement on the terms of their separation, agreement, countersigned by counsel for both parties, will be registered with a notary . The procedure will not, however, apply if a minor requests to be heard by the judge, and the couple will have a fortnight thinking time before signing the divorce.
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The Government explains that this change responds in part to criticism of court proceedings considered complex, lengthy and costly. In response to those who raised concerns about the fact of “go free to a paid judge notary” , Mr. Urvoas assured that there was “no risk that the cost of divorce explode “, since the registration of the deed ” will be set at 50 euros “.
Pacs and changes name entrusted to mayors
the government wants to entrust to mayors, registrars, the procedure of the PACS (civil solidarity Pact). It was the original project before its creation in 1999, but faced with a controversy about a possible confusion with marriage, civil unions had been entrusted transplantation concurrently with notaries.
The mayors will also allow changes of name, nearly 2700 applications a year, refused in only 6.7% of cases according to the Ministry of justice.
facilitate sex change in civil status
This is not a government initiative, but a socialist amendment seeks to simplify the sex change in civil status for transsexual and transgender people. To allow this, some courts still rely on medical criteria, such as infertility. The amendment proposes that the person goes before a prosecutor for “show that she feels the other sex and that the company looks like this” .
Read also: Towards a simplification of sex change in marital status?
The indebted people in the hands of the Bank of France
so far the indebtedness plans to reschedule debts and clear, must be submitted to a judge, even though they are already in 98% of cases, validated by the Bank of France. The government wants to remove the judicial phase
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delete correctional juvenile courts created by the right
the bill to remove correctional juvenile courts. These courts – not to be confused with the juvenile courts (TPE) – established in January 2012 under Nicolas Sarkozy, are to judge minors over 16 years for offenses punishable by at least three years imprisonment.
the idea was to bypass juvenile judges, accused of laxity by the right. In practice, these courts deal only 1% of litigation involving teens. They also add to the burden on the judicial machine and are less severe than juvenile judges who best know the juvenile to have followed them.
strengthen the judge of freedoms and detention
Minister Jean-Jacques Urvoas wants to strengthen the judge of freedoms and detention (JLD), which ensures compliance with the rights of people that are being investigated. The JLD should be appointed by Order in Council of Ministers, as the investigating judge. The purpose is to confer protection status to the judge, whose role has become central in the judiciary
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the JLD is now applied both to authorize legal eavesdropping or searches as part of police investigations, as psychiatric hospitalization without consent or maintaining foreign illegally entered France in waiting areas at airports.
as a guarantee for the protection of civil liberties in the post-emergency state terrorism law and criminal procedure, all the new measures available to the parquet (night searches, phone spy equipment, etc.) must be authorized by the JLD before their implementation.
Leaving the systematic collegiality of the
the Outreau affair led in 2007 to the adoption of a law requiring a “collegiality of compulsory and systematic instruction” . Impossible for reasons of means and therefore of staff, says the Ministry of Justice. He proposes instead to convene a panel of three judges only for decisions “essential” .
penalties News for certain traffic offenses
Christiane Taubira tried to simplify procedures for driving without a license and without insurance, but had given up the face of grave concern for road safety associations. His successor returned to the charge. Driving without a license or insurance will be penalized by “spot fines” of 500 euros. In case of recurrence or other offenses are cumulative, drivers will have to go to court
Also created. An “immobilizer device electronic breathalyzer” for people on probation or suspended sentence with probation; a “specified offense” for driving with a fake license, punishable by five years imprisonment; and the ability to verbalize on the basis of video images for certain offenses (failure to wear helmet or belt, speeding, grilled red light)
Read also:. Jean -Jacques Urvoas considering decriminalizing certain traffic offenses
merge and courts facilitated group actions
the government wants to merge the court of social security cases (100,000 cases handled in 2012) and those of inability (42 500 cases)
Another promise. facilitate action group of injured parties in the areas of health, discrimination, the environment and personal data. These actions will be managed by certified associations. For small claims (amounts less than 4000 euros), the government will encourage conciliation.
All judges must send expressions of interest, with asset declarations for court leaders. Members of the Constitutional Council will in turn fill the two statements.