Question 14157 — judicial and legal professions

Summary

Ms. Céline Thiébault-Martinez draws the attention of the Keeper of the Seals, Minister of Justice, to the economic and statutory situation of legal experts and to the consequences of certain recent developments relating to their remuneration. She wishes to recall the extent to which judicial experts play a decisive role in the organization and good administration of justice. Registered on lists established by the courts of appeal, commissioned by judicial decision and required to take an oath, they act as occasional collaborators of the public service and justice in order to enlighten magistrates in technical or scientific matters. Whether medical, psychological, psychiatric, technical or financial expertise, their analyzes constitute determining elements for the establishment of the facts and the manifestation of the truth. In criminal proceedings, their interventions are paid by the State as legal costs. The vast majority of them work under liberal status and do not benefit from the financial guarantees attached to public status. However, several recent developments are causing serious concern among these professionals. Since 2013, experts have been subject to VAT and must repay the amount to the Public Treasury even when their fees have not yet been paid by the State. Furthermore, a bill recently tabled by Nadine Bellurot in the Senate provides for the possibility of setting a maximum payment period for legal expertise of up to 180 days. Such a development raises questions even though the payment deadlines observed are already of the order of 60 to 70 days on average, while the common law deadline applicable to payments of state is 30 days. This accumulation of financial constraints poses a real risk of structural weakening of the judicial expertise system. It could lead to a gradual disengagement of specialized experts, a dwindling of the available pool, an extension of investigation times and, ultimately, a deterioration in the quality of the decisions rendered. Such a development would fuel concerns about a justice system weakened by budgetary considerations, to the detriment of the effectiveness of a fair trial. In a context where the confidence of litigants and in particular victims of gender-based and sexual violence is already deeply weakened by the low conviction rates and the length of procedures, any attack on the solidity of the judicial chain would be particularly worrying. She therefore asks him to please specify the Government's position on the possible extension of payment deadlines for legal expertise and on the accumulation of this development with VAT liability; whether measures are envisaged to guarantee reasonable payment deadlines compatible with the liberal exercise of these missions and what measures the Government intends to take to preserve the attractiveness, independence and availability of these professionals essential to the proper functioning of the public justice service.

Machine translation from French. The official text remains authoritative.

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