2023-07-25 07:50:12
According to the draft law on the orientation of justice, currently under examination, legal proceedings related to care without consent might be entrusted to “a magistrate of the seat”.
Within the imposing 2023-2027 justice orientation and programming bill, currently being examined by parliamentarians, article 15 provides for the modification of several articles of the Public Health Code to replace the ‘entitled “judge of liberty and detention” (JLD) to that of “magistrate of the court of law”. He thus transfers to a magistrate of the seat of the judicial court the civil powers exercised by the judge of freedoms and detention in matters of litigation of foreigners and forced hospitalizations.
The objective for the legislator is to lighten the workload of JLDs in the psychiatric field, which has increased significantly mainly due to the extension in 2022 of the field of judicial control to isolation and restraint. As indicated in the report of the Senate Law Commission on the bill, the number of new cases within the jurisdiction of the JLD registered annually in litigation of compulsory hospitalization has increased from 83,049 in 2021 to 115,845 in 2022 (i.e. an increase of nearly 40%). More globally, “the increasing scope of intervention of the judge of freedoms and detention, the permanent urgency in which he must rule and the disaffection for these functions are at the origin of difficulties in many jurisdictions and imply a new distribution of judicial competences the control of measures depriving of liberty in the field of care without consent and in the law of foreigners. »
Also according to the report of the Senate Law Commission, “the reform must first of all allow the courts to reconnect with greater flexibility in their organization, to ensure the proper efficiency of judicial work”. The control of the judge should thus “find its fullness, while maintaining the same level of guarantee of protection of individual freedoms for the benefit of the persons concerned by these procedures. »
• Orientation and programming bill of the Ministry of Justice 2023‑2027, see the legislative file on the Senate website
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