Nîmes Court of Appeal: “We are confronted daily, with too few human and material resources, with a massive stock of files”

The USM notes that there remains in the region's courts “a massive stock of files which will not disappear overnight, despite unrealistic political announcements”. HOCINE ROUAGDIA ARCHIVES

Staff of the Court of Appeal, stocks of files, organized crime, morale of magistrates, Julien Ecuer, regional delegate of the Union Syndicale des Magistrates (USM), analyzes the situation on the territory of the Court of Appeal. rsquo;call from Nîmes after the first president came out of his reserve by considering that the situation was critical. Without wooden language.

As regional head of the USM, what is your analysis of the situation with regard to staffing levels in the courts within the jurisdiction of the Nîmes Court of Appeal? The president of The Nîmes Court of Appeal notes that there is currently a shortage of 10 magistrate positions in the territory of the Court of Appeal (ten unfilled positions), not counting sick leave or maternity leave , what are the consequences in the courts ? What is the feeling of the magistrates according to you ?

The daily feelings of the magistrates within the jurisdiction of the Nîmes Court of Appeal are consistent with what the international rankings tell us which demonstrate that, particularly compared to our European neighbors, France devotes too few resources to the functioning of the justice, which is characterized, in particular, by an insufficient number of magistrates, clerks and administrative staff present in the courts. The courts of our Court of Appeal are no exception to this situation, as the First President clearly explained. (Midi Libre of April 7)

"Real risk of burn-out"

We are daily confronted, with too few human and material resources, with a massive stock of files which will not disappear overnight, despite the unrealistic political announcements of halving the deadlines for treatment. For our colleagues most exposed to the effect of vacant positions, there is a real risk of burn-out.

The regional delegate of the Union of Magistrates, Julien Ecuer, draws up a worrying observation about the situation of justice. HOCINE ROUAGDIA ARCHIVES

The Chancellery has announced the creation of positions in a 2023-2027 plan described as historic, how do you analyze this massive plan for the assignment of magistrates, clerks, assistants ?

Summarizing the thing with a formula, we could say that the rain in the desert is also a historical event. Current recruitment efforts are real and substantial, but they come after several decades of underinvestment in justice. These recruitments will mainly fill vacant positions and strengthen services whose understaffing has been identified for a long time. We are also entitled to wonder whether the announcements staggered until 2027 will completely survive the current budgetary plan decided by the government (Midi Libre of April 5).

"Rain in the desert is also a historical event"

In your opinion, does drug banditry with its share of murders and attempts in Gard and Vaucluse (Nîmes, Avignon, Cavaillon, Carpentras) increase the workload in the courts??

The growing share, in our region, of organized crime relating to drugs and serious violence which results from this trafficking obviously has a direct impact on the entire criminal chain. After the time of multiple and complex investigations carried out under the direction of the prosecution and investigating judges, comes the time of pre-trial detention for many of the accused, then that of judgment by the assize court or by the criminal court during “river” hearings. And, finally, that of the execution of long sentences in already saturated penitentiary establishments. All this is in addition to other worrying areas of delinquency such as domestic violence.

Slowness of procedures: “Some of these delays may appear downright unreasonable.” H.R. ARCHIVES

"We come to think that our real needs are not taken into account"

The first president of the court of appeal notes that no justice auditor leaving the National School of Magistracy (ENM) has been assigned to the court of appeal ;call from Nîmes in 2023. Same situation in 2024. What do you think ?

Justice auditors leaving the ENM have long been used by the Ministry of Justice as an adjustment variable to fill the most glaring gaps in the least demanded jurisdictions, including in overseas positions. the most complicated (Cayenne and Mamoudzou for the last promotion to leave school). From this perspective of managing the most urgent, the courts and tribunals deemed to be in greater demand are always less well off. But it is true that, for the Nîmes Court of Appeal, we come to think that our real needs are not taken into account.

Very recently, the lawyers of Nîmes, joined by the president of Alès and a representative of the Avignon bar, expressed their anger over the delays in treatment and staff shortages, particularly at the JAF (family court) ? What is your opinion as a member of the USM ?

For litigants, in criminal and civil matters, the lack of resources for the daily functioning of the courts is felt by the lengthening of the processing times for their cases, to the point where some of these deadlines may appear downright unreasonable. The magistrates are naturally aware of this degraded situation. A favorable development can only come from a sustainable investment plan, over a period exceeding the ordinary political horizon which rarely exceeds the next few years.

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