The German government decides for the creation of a liberal judicial officer

To reorganise the function of judicial officer according to the “model of delegations” means to found a new system based on the principle of a devolution of a part of the public authority, no longer to a civil servant of the State, but to a private liberal professional, in other words to entrust the enforcement of the enforceable titles to “private” judicial officers.

 

The note published by the Council of Ministers entitled “Organisation of the function of judicial officer: privatisation” followed upon a long commission work aiming at studying the means of managing to modify the German constitution in order to urge the Parliament to adopt a law carrying reform of the occupation of judicial officer.

 

In the same decision the Ministers for Justice charged two States amongst the 16 which make the German Federation to prepare the introduction of the bills worked out by the Commission.

 

A report will have to be presented on the projection of the process in 2007.

When considering that only four years ago, the German judicial officers decided at the time of their congress held in Stuttgart (May 15/16, 2002) in favour of the liberal profession, one can only be pleased with the speed at which the situation evolves for our colleagues.

It goes without saying that the imminent entrance of our Gerichtsvollzieher friends in the circle of the liberal professionals will further more reinforce the pre-eminence of the judicial officers in Europe, which start to form, gradually, a true body of professionals with common functions and statutes.

From now on, it becomes increasingly relevant to speak about a “European judicial officer”.