3rd Institutes of the ENP in Paris (9-10/09/08): Statements of facts

Several Hundreds of Thousands of Statements of facts Per Year

Created in 2006, the Institutes of the ENP became as of its first edition the annual meeting for permanent training of judicial officers and their collaborators. The participation was at its highest this year as the 3rd edition recorded nearly 500 participants, coming from all the Metropolitan France - and even from Guyana - to evoke the very promising topic of statements of facts. One noticed in the room the presence of several members of the UIHJ, of which its president Jacques Isnard, always interested when professional training is at stakes. One also noticed the presence of the Italian Association of the European legal officers (AUGE), represented by Andrea Mascioli.
A statement of facts drawn up by a judicial officer is an official document by which a judicial officer reports a material situation in order to be used as evidence. In France, judicial officers draw up each year several hundreds of thousands of statements of facts. Thanks to this work, tens of thousands of lawsuits are avoided, or won for the one who required it. It is then understood why many judicial officers members of the UIHJ would like to see statements of facts installed in their countries.
It is Guy Duvelleroy, president of the French National Chamber of the judicial officers (CNHJ), who opened the day, insisting on the importance of training and wishing each one a profitable work.

Judicial Officers Conscious of the Need for Permanent Training

The first topic (utility, conclusive force and risks of statements of facts) was presented by Natalie Fricero, professor at the university of Nice Sophia-Antipolis, and also member of the Scientific Council of the UIHJ, and by Jacques Castelain, judicial officer in Lillers and manager of the ENP. Evoking in turn the theoretical and practical aspects of statements of facts by judicial officers, this tandem proved to be particularly lively and effective, in the form of captivating questions and answers Then François Samain, judicial officer in Paris and president of the Guarantee Fund of the CNHJ, presented the risks related to the practice of statements of facts, recognizing that the claim rate was fortunately rather low.
Isabelle Meyer, judicial officer in Paris, then talked about statement of facts made during strikes. In this very peculiar branch of statements of facts, judicial officers must develop all their talents for sometimes very long periods. Mastering her topic, Mrs Meyer went straight to the point while revealing all the “small tricks” which can be learnt only by experience.
Then it was the turn of Alain Bobant, judicial officer in Surgères, and specialist in new technologies, during a fine presentation, to captivate his audience with the history of the Internet and its many opportunities as regards statements of facts.
To close the morning session, Jean-Michel Rouzaud exposed the vast topic of public tenders and the legitimate role of judicial officers in this wrongly neglected activity.
In the afternoon, Luc Berna, judicial officer in Tourcoings, shared his great knowledge of the legislation on games and contests. Judicial officers play a crucial role there: they are at the same time advisors of companies and guarantors of the regularity of the operations through the deposit of the rules in their offices and the observations relating to the good progress of the drawing ceremony.
Luc Ferrand, Judge at the Central administration of the ministry for Justice, and Patrick Sannino, treasurer of the CNHJ, then approached the delicate topic of statements of facts relating to discrimination out of penal matter (mainly for racial matters). This is a new sphere of intervention for judicial officers which, if always exerted under conflict conditions, shows the confidence testified by the authorities to judicial officers by investing them with this prerogative.
Lastly, to end the day, Natalie Fricero and Patrick Safar, vice-president of the ENP, devoted themselves to the now traditional and awaited detailed review of the legislative and jurisprudential topicality.

If permanent training is not yet compulsory in France for judicial officers (it will be soon), the Institutes show that judicial officers are very aware of the need for remaining informed to progress and to develop.