A choice to be Made
This meeting, animated by Rodrigo Zuniga Carrasco, adviser near the Minister for justice and director of the reform project of the procedure, included the presence of Orlando Morales Ibarra and Patricio Bobadillo Cornejo, respectfully vice-president and director of the Gremial Association of the “Receptores judiciales of Chile”. Rodrigo Zuniga Carrasco, mastering his topic, presented the “Receptores” who let it be reminded, like French judicial officers, are liberal professionals but who exert under the narrow monitoring of the judge. For as much, Receptores enforce court decisions, serve documents, do reports, auctions, etc. They cannot however delegate their functions to clerks and must proceed by themselves with all the steps which fall to them. Their dependence to the judge confers to a kind of mixed statute, semi-liberal and semi-civil servant close to the German Rechtspfleger. Moreover, they get an annual wage-like allowance corresponding to one month of remuneration for their vacations. This statute is disputed by the Chilean authorities which denounce the insufficiencies of a profession due to the indigence of its training and its limited legal competences.
Ultimately, Chilean authorities wonder about the choice to operate between either the dissolution of the current Receptores and their replacement by a new profession or the installation of a completely renovated profession which could be partly based on the Receptores answering certain criteria of aptitude.
A reform inspired of the French system
It is necessary to indicate that before this meeting the representatives of the body of Receptores had never been received by the Minister for justice and were unaware of the aspirations of their supervising body. The stake, as it is imagined, is of importance for the Receptores who are unaware of the fate which will be reserved to them. By evoking the reform of Receptores, Rodrigo Zuniga Carrasco indicated that it is part of a movement which also included aspects of the legal system. But, as mentioned, reform of the Receptores will take as a starting point the French system, moreover perfectly known by the Chilean experts since they operated in France and particularly in Castres at Mrs. Abadie' s office.
The minister is particularly interested in the questions relating to access to the profession, legal level of French judicial officers, the training course conditions and their degree of experience and finally even more particularly, their training.
The action of the judicial officer in the field of enforcement widely interested the authorities eager to hear practical examples, rewarding the role of the judicial officer in the control of the operations and the choice of enforcement measures. The execution judge was in the center of a discussion evolving on the difficult apprehension of the delimitation of the respective prerogatives of the judge and the judicial officer. Nevertheless, it goes without saying that the demonstration of the interest to reduce the workload of the judges to the sole function of judging is always very relevant and is well perceived.
This analysis results in consolidating the thesis of the introduction of a liberal and independent judicial officer even if reserves are difficult to evacuate. However this apprehension is justified: indeed, some States practice since the origin of their institutions a kind of segregationist legal policy placing enforcement agents at the bottom of the line, drowned in a kind of hierarchy where the judge orders, decides and controls everything. The presentation of a quasi immaterial system, which can be of interest, and could prove superior, but which upsets what is established, is very legitimately likely to nourish some kind of apprehension. Then, to hasten the change and to approach “the French judicial officers whose profession is prestigious, the minister concluded, it will be necessary to improve enforcement methods, to re-examine the role of the Chilean judicial officer as regards debtors, to reconsider the mode of responsibility to the profit of a collective liability and the installation of rules of guarantees”.
And, to make good use of the presence of the UIHJ experts, why, questions Mr. Curti, not to propose, for the following day, a meeting with finance and legal managers of the main banks of the country, a meeting undoubtedly promised to cause much interest? Thus was to be completed this very profitable two hours working session... And an opening on the financial sector which took place the following day. This common meeting suggested by the minister, though of a different nature and focused on more economic objectives, was to prove quite as promising.
Chile, a window largely open on South America, this is undoubtedly for tomorrow... Could you doubt it knowing that on 18 May 2009 the Council of Ministers approved the reform project of procedure in Chile in which is written the creation of the new occupation of judicial officer?
