Tuesday, April 5, 2016

Shortage of staplers, slow procedures … When justice lack of resources – francetv info

“The ministry has no money to pay its bills” says the Justice Minister in an interview with the Journal du Dimanche , published on 3 April. Jean-Jacques Urvoas recognizes that French justice is “in absolute emergency” and can no longer afford its ambitions. According to , the prison administration has € 36 million in unpaid bills for inmates hospitalized and government debt vis-à-vis service providers that justice calls – interpreters, laboratories DNA analysis or expert – amounted to € 170 million

A critical shortage means that the main question, lawyers and litigants, feel them too..

“buckets can be crossed in the corridors of the court”

“The Créteil Court (Val -Marne) is in a catastrophic state and for eleven years that I’m working, it’s gone downhill “, warns Sandie Boudin, lawyer. Whether in terms of personnel or equipment, the lawyer finds everyday lack of means. “When you transplant respond that they have no paper to print legal decisions and we must wait another month … Now it’s a little less so. But l es clerks still have to bring their own pens and stapler. ”

And they are not alone in having to take on their own money to do their work. “Now the investigation files are received on CD. But to work on it, one must often print pages at our own expense , explains Sandie Boudin. And if you ask a copy a file to the registry, it may bring our own sheets. “

budgetary difficulties which also felt in the maintenance of the court. “There are even some leaks, we can cross buckets in the halls of the court, tells the lawyer. The other time, I heard someone blame the firefighters did not putting panels attention slippery ‘. But the problem is more leakage than the bucket. And then there are the rooms where it is too cold, clerks must bring their own heating. ” The courts of Bobigny and Créteil are the worst in the judiciary, in terms of lack of resources.

“We will keep a record two years, instead of six to eight months”

Hardware problems are not the only ones to slow down the proceedings. In 2015, the rapporteur of the draft budget for 2016 of Justice found a deficit of 1,100 magistrates, reports Le Parisien . A lack of staff that the lawyer Marie Dieudonné Carfort lives daily in Créteil courthouse. “should be nine judges of all the sentences instead of the five that currently there. It should also three judges more civil and two in juvenile court. Bobigny will receive fourteen magistrates in September and only two, one was a little forgotten. “

a staff shortages resulting in processing delays much longer than elsewhere. “For the judgment of the Family Court, it takes 11 to 12 months in Creteil and only three or four in Paris , details the lawyer, member of the Union of Lawyers of France. Often in situations of separation, both parties are awaiting a decision for child care. Parents are forced to fend time of the procedure. They are people suffering. “

The first pressure felt by Marie Dieudonné Carfort, so this is one of the litigants who do not understand this slowness. “The victims as defendants want things to go faster, so they can move on.” Especially as deemed urgent matters come before others. A person charged can not remain in custody for a “reasonable time” , a maximum of four months in correctional and one year in criminal matters, as explained Service-Public.fr .

The delay in processing cases affecting all courts. “Even in our legal work, it is clear that we will keep for two years a record that could have been treated in six to eight months” , laments the lawyer.

“Some providers are paid with six months behind”

for a year and a half, Bertrand Bruneau de la Salle is Executive bâtonnier Caen (Calvados). If he is satisfied with the brand new courthouse where he worked for more than six months, he would have preferred that this budget is allocated to salaries of judges and providers. “Justice uses social workers, medical services or DNA research are private. And some of these providers are paid with six months late, regrets the lawyer. Besides, I regularly receive letters of complaint. “

And this lack of compensation is not without consequences on the length of proceedings. “Now, some providers refuse to work with us. So when a judge appoints and they refuse, a new provider must be appointed and still lose three months. This is the system that is blocked.”

in this situation, the local judges hired to assist the judges too few courts have refused to work late 2015. “Two years earlier, they had already paid two months late. So in November 2015, when they reached their quota of interventions and the state said it could not pay them, they stopped their activity “ says the barrister. A difficult situation to manage in a court that already lack staff.

“We started each of my three procedures by an adjournment for lack of time”

the litigants are not spared by the operation seized the judicial machine. French lawyer residing in England, thought Tara Taubman adjust its procedures in a few months. Yet referrals errors in procedures, it has seen its business expand over several years. “I met the French courts in three cases, and each time, they started by adjournments for lack of time to deal with the case” , she says. “In a case of repossession in Boulogne-Billancourt [Hauts-de-Seine], the fax which had notice of eviction to the tenant never arrived. Result, a year of further delay. In deferrals, the proceedings lasted five years. “

And this situation was not confined to a single court. The British adoption has dealt the High Court of Vincennes (Val-de-Marne) that of Boulogne (Pas-de-Calais) and finally to that of Paris and every time, s history ‘ is repeated. “After my two lawsuits to recover housing, I started divorce proceedings in France. Two times, the judgment was postponed for two months. And when he finally was made, there was several errors, such as wrong address “, she remembers

to the jurist, one explanation for the slow pace of justice. a court backlogs .” We see everything was written in haste because the courts are overloaded. “ the quality of work of the lawyers also resent. ” They have the tendency to botch the job and write their conclusions the eve of the hearing in longer deadlines with multiple postponements of hearings “, sorry Tara Taubman.

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