Email from Law Professor Yves Strickler - procedural contracts invented by the bar associations, jurisdictions, and legal aid offices
Date received : July 4, 2017, at 17:33 (China Standard Time)
Email from Professor Yves Strickler, Associate Professor of Law Faculties, confirming to me that procedural contracts are invented by the French bar associations, French jurisdictions, and French legal aid offices (BAJ - Bureaux d’Aide Juridictionnelle), and that this is something truly preposterous! That the law is the law, and French institutions are obligated to respect it. In essence, this situation amounts to the judicial branch circumventing the legislative branch to create its own laws, a practice that is profoundly dangerous. It undermines the principle of the separation of powers, a cornerstone of democratic governance.
Following his previous email, I replied explaining this:
Indeed, last year, I relied on Article 20 of Law No. 91-647 of July 10, 1991, relating to legal aid to make a request for provisional admission in addition to my regular request.
The presidency of the Paris TGI (Tribunal de Grande Instance) refused to rule on my request, telling me that it was not their responsibility, even though according to Article 20, it seemed to me that if necessary, I could address the presidency.
The BAJ (note: BAJ = Bureau d’Aide Juridictionnelle, translation legal aid office) of the Paris TGI explained to me that they had created their own regulations and that they did not grant provisional admission. I note that I had recorded the conversation and had informed the official I was speaking to that the conversation was being recorded. I had explained to him that the BAJ (legal aid office) should apply the laws of the Republic and not create their own laws. There was nothing to be done.
To which the Associate Professor of Law Faculties replies:
You are absolutely right. The procedural contracts invented here by the bar associations, there by the jurisdictions, and in your case, which I am discovering, by a BAJ (legal aid office), are something truly preposterous! Yet the law is the law, and French institutions are required to respect it.Click on this link to visualize the original email: 2017-07-04_1733_0800_yves_strickler.pdf
To gain a clearer understanding of the sequence of events in this case, I invite you to view a detailed timeline at the following link:
This timeline provides a comprehensive overview of the key milestones and developments.