Elections for commercial court judges are held by a two-round majority multi-member ballot. Candidates who obtain a number of votes at least equal to a majority of the votes cast and a quarter of the registered voters are declared elected in the first round. If no candidate is elected or if there are still seats to be filled, the election is won in the second round by a relative majority…
Elections are held annually in each commercial court where there are seats to be filled for any reason. If, during the course of the year, the number of vacancies exceeds one third of the staff of a court, the prefect may decide that supplementary elections will be held. In this case, the term of office of the elected judges expires at the end of the judicial year.
The provisions of articles L. 49, L. 50, L. 58 to L. 67 and L. 86 to L. 117 of the Electoral Code apply to the electoral operations organised with a view to the appointment of the judges of the commercial courts.
A decree in the Council of State shall determine the terms and conditions for the application of this chapter.
Any breach by a commercial court judge of the duties of his office, of honour, probity or dignity constitutes a disciplinary offence.
Aside from any disciplinary action, the first presidents of the courts of appeal have the power to issue a warning to the judges of the commercial courts located within the jurisdiction of their court, after obtaining the opinion of the president of the commercial court in which the judge concerned practises.
Disciplinary power is exercised by a national disciplinary commission which is chaired by a chamber president at the Cour de cassation, appointed by the first president of the Cour de cassation, and which comprises: 1° A member of the Conseil d’Etat appointed by the vice-president of the Conseil d’Etat; 2° Two judges from the courts of appeal appointed by the first president of the Cour de cassation from a list…
After the interested party has been heard by the first president of the court of appeal within whose jurisdiction the commercial court has its seat, the matter may be referred to the national disciplinary commission by the Minister of Justice or by the first president.
The disciplinary sanctions applicable to commercial court judges are: 1° A reprimand; 2° A ban on being appointed to single-judge functions for a maximum of five years; 3° Disqualification accompanied by ineligibility for a maximum of ten years; 4° Disqualification accompanied by permanent ineligibility.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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