Clerk

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In the French legal jurisdictions

The clerk has the role of guaranteeing the good progress of the debates to the audiences, of bringing back in writing the exchanges, declarations, and observations, and of authenticating of them the legal measures of a jurisdiction. He works in a clerk's office.

The clerk's office is the place where are deposited the minute S of the Jugement S and the procedural documents. But it indicates also the whole of the services and the personnel of the courts making it possible to the magistrates to return justice and to provide their judicial offices

Clerk comes from the verb graphein (“to write” in Greek).

The clerk authenticates the acts of the procedure, with the audience, it completely forms part of the formation of judgment (civil or penal) which cannot sit without the presence of the clerk, in responsibility of note the course of the debates. The signature of the clerk on a judgment or a stop is essential to make this one executory.

Statute and mode of exercise

Clerks as a chief and clerks of the legal services

The personnel of the Clerc's Offices of the civil, penal jurisdictions and prudhomales are civils servant of the State.

It is necessary to distinguish the clerks as a chief and the clerks who are two different bodies and from which principal attributions are distinct.

The clerks as a chief are civils servant of category has, the clerks of the civils servant of category B.

The clerk as a chief exerts functions of management, of framing, when it manages grafts it, it is called Directeur of Clerc's Office. The Director of Clerc's Office takes part jointly with the President of the Court and the Public prosecutor, with the development of the operation of the jurisdiction (table of bearing of the audiences, permanence of the clerk's office, establishment of the budget, management of the buildings…). He works out the budget in dialog with the President of the Court and the Public prosecutor, and the execution for all ensures some that milked with the operation of the jurisdiction and the Clerc's Offices. It is also in charge of and the maintenance staff management of the legal buildings.

The clerk of the legal services is a technician of the procedure, to ensure working of the files and judgments. he can also ensure of the intermediate functions of framing, reception and information of the justiciable ones. He is guaranteeing good progress of the procedure to the audience, whose presence is essential and to which he must consign what is brought back, in all independence. It is to notice that the clerk, like the representative of the Parquet floor (Prosecutor) are generally laid out of share and others of the formation of judgment, to mark the roles and functions of each actor of the audience.

Formation

The recruitment competition of clerk is accessible to the graduates vat + 2. However it is rare to succeed with the contest without being at least titular of a license of right or a control. The assistance of clerk as a chief is reserved to the graduates of a IEP or a license in right. In each situation the prizes winner follow a 18 months formation alternating periods of schooling to the National school of the Clerc's Offices of Dijon and training courses in jurisdiction.

Statistics

9.855 clerks as a chief and clerks

Clerks of the bankruptcy courts

The clerks of the Bankruptcy courts are titular of a load of public and ministerial officers. Consequently they exert in an independent way, they have their own paid personnel and they escape the statute from civil servant, they can also choose their successor.

Role and Statute of the Clerk on the Infogreffe site.

Formation

Recruitment is done on contest at the conclusion of a DEUG in right delivered by one of many UFR of Right. See Guide “right and its trades”

Statistics

246 clerks of bankruptcy court

Infogreffe

The clerks of the Bankruptcy courts gathered within one Groupement d'Interet Economique, publish since 1986 the service of information on the Infogreffe companies. One finds there information on the companies and commercial registered voters with the trade register, the sales representatives, the companies in collective procedure collected by the whole of the Clerc's Offices of the bankruptcy courts of France. This service, initially launched on the Minitel, is from now on accessible on Internet, generates a turnover of approximately 50 million euros and releases from strong margins. One can wonder about the height of these margins, distributed information being primarily made up of data created by thirds not remunerated by Infogreffe and legally obliged to deposit their accounts free.

Selective press review:

  • Infogreffe, of the minitel with XML and Infogreffe bets on whole Internet * Infogreffe, the cyber-gold mine of the clerks

Future of the occupation of clerk of bankruptcy court

The report/ratio of parliamentary information Which trades for which justice? of Christian Cointat underlines the difficulties encountered by the clerks (see in particular civils servant of the discouraged clerk'ss office).

The monopoly of the clerks of the Bankruptcy courts is sometimes called in question taking into consideration European rule. The draft Directive Bolkestein in particular gave this debate on the front of the scene (See the information paper '' That to think of the directive " Bolkestein" ? '' and in particular regulated legal professions).

Clerks of the commercial maritime courts

The functions of clerk are filled by a controller of the Maritime businesses (article 90 of the disciplinary and penal Code of the merchant navy).

Clerks of the courts to the armies

The service of the clerk's office of the court to the armies is ensured by officers clerks and Sous-officier S clerk-clerks.

Trade unions

  • Trade union of the Clerks of France

  • European Public Service Union Autonomous Justice (USAJ)
  • Trade union C.G.T of the Chancelleries and Legal services
  • C.F.D.T
  • Working force

External bonds

  • Statute of the clerks:
  • the card Clerk as a chief and Clerk of the Ministry for Justice
  • Clerk of bankruptcy court: an ignored profession - Review Diploma December 2001)]
  • For information on the companies registered at the Clerk's office of the Bankruptcy court.
  • the site of the National council of the Clerks of the Bankruptcy courts

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