REGULATION SETTING THE CONDITIONS APPLICABLE TO ELECTIONS OF JUDICIAL ADMINISTRATORS AND JUDICIAL AGENTS TO THE NATIONAL COUNCIL PROVIDED FOR IN ARTICLE L. 814-2 FROM THE CODE OF COMMERCE
Reminder of applicable texts
The Conseil national des administrateurs judiciaires et des mandataires judiciaires is composed of sixteen members, eight members representing court-appointed administrators and eight members representing court-appointed agents.
The members are elected by proportional representation by two colleges, one composed of natural persons registered on the national list of court-appointed administrators, the other composed of natural persons registered on the national list of court-appointed agents. Each college elects eight members. Voting takes place without panachage or preferential voting.
The members of the National Council are elected for a period of four years, renewable once. They are eligible for re-election for a further term only after an interval of four years, following the expiry, if applicable, of their second term.
Article R. 814-6 du code de commerce
The office of the Conseil national organises the election. It shall determine the applicable procedures, in particular those for postal voting, other than those provided for in this Title, in accordance with rules subject to the approval of the Minister of Justice.
Each nomination paper shall state the title of the list submitted. It shall include the surname and forenames of the candidate, his professional domicile, his signature, the date on which he was entered on the national list or, in the case of a judicial representative, the regional list if he was entered on the latter prior to the establishment of the national list.
Each list comprises at least four candidates. No person may be a candidate on more than one list.
Article R. 814-7 of the French Commercial Code
Each list shall be allocated as many elected representatives as the number of votes to which it is entitled contains times the electoral quotient. The electoral quotient is equal to the total number of votes obtained by the different lists divided by the number of delegates to be elected.
In the event that no seats can be filled or if there are still seats to be filled, the remaining seats are allocated on the basis of the highest average.
To this end, the number of votes obtained by each list is divided by the number, increased by one, of seats allocated to the list. The various lists are placed in descending order of the averages thus obtained. The first unfilled seat is allocated to the list with the highest average.
The same operation is carried out successively for each of the unfilled seats, up to the last.
In the event that two lists have the same average and only one seat remains to be filled, it is awarded to the list with the highest number of votes.
If two lists have obtained the same number of votes, the older candidate is proclaimed elected.
Electoral process
The date of the ballot and its closing time are set by the National Council office.
Six weeks before the date of the ballot, the secretary of the Commission nationale d’inscription et de discipline des administrateurs judiciaires and of the Commission nationale d’inscription et de discipline des mandataires judiciaires shall transmit to the President of the National Council the list of each of the two colleges of the electoral body.
After transmission of these lists and at least five weeks before the date of the ballot, the President of the National Council notifies the members of the electoral body of the date of the elections and invites the candidates to make themselves known.
Nomination papers shall be delivered to the National Council against a receipt or sent by registered letter with acknowledgement of receipt no later than three weeks before the date of the ballot.
No later than fifteen days before the date of the ballot, the President of the National Council shall notify the electors of the procedures for the electoral operations, the closing time of the ballot and the date and place of the counting operations. He shall send to each judicial administrator and judicial representative appearing on the list of voters the ballot papers concerning him.
For each college, a ballot paper is drawn up for each list submitted to the vote.
Voting shall take place by post from the date of receipt of the ballot papers sent by the President of the National Council. The ballot papers must reach the National Council no later than polling day and before closing time. Votes received after this time are void.
Each ballot paper shall be delivered to the National Council against a receipt or sent by post in a double envelope. The inner envelope, which contains the ballot paper, must be closed and bear no distinctive mark.The outer envelope, also closed, contains the inner envelope and bears the words elections and, depending on the electoral college concerned, judicial administrator or judicial representative. The outer envelope must also bear the voter’s signature and surname. Ballot papers contained in irregular envelopes are invalid and any inner envelope containing more than one ballot paper, or a crossed-out, altered or overwritten ballot paper, corresponds to a invalid vote.
As they arrive, the outer envelopes are placed in a ballot box. Immediately after the close of the ballot, the members of the office of the National Council proceed with the counting operations, in the presence of any judicial administrator or judicial representative concerned. After their removal from the ballot box, the outer envelopes are opened, the voter’s name is marked on the voters’ list and the inner envelope re-inserted into one ballot box for judicial administrators and another for judicial representatives.
Once all the inner envelopes have been replaced, the ballot papers are then counted and the votes counted in accordance with the provisions of article R. 814-7 of the French Commercial Code. The results are immediately announced and minutes of these operations are drawn up by the officers of the National Council.