Court of Appeal of Toulouse: the finding of the effort and the lack of means
First President Jacques Boulard and Attorney General Franck Rastoul took stock of the activity of the Toulouse Court of Appeal in 2021. Positive, but the future will go through more means.
The health crisis was right for the solemn return of the Toulouse Court of Appeal, not for the functioning of the jurisdiction. Despite the disruption caused by covid, between positive cases and the delicate management of contact cases, “court activity was almost normal in 2021 unlike the previous year”, warns the first president Jacques Boulard at the balance sheet opportunity.
In 2021 “the investment of the magistrates of the court as well as civil servants” made it possible to render more decisions overall, both in civil and criminal matters. This positive functioning comes up against another reality, “that of stock that we are unable to reduce”, warns Frank Rastoul, the Attorney General. And if the efforts made on the social chamber have made it possible “to find suitable deadlines”, notes the first president, other saturated matters. Especially in civil or criminal cases. “Where our deadlines are not acceptable to people”, concede the heads of the court.
Civil and criminal emergency plan
In an attempt to restore the balance, those in charge of the jurisdiction have proposed a contract of objective to the chancellery for correctional appeals, the civil chamber and incapacity disputes (ex-court social security affairs). An emergency measure with the contribution of magistrates and clerks, but temporary (3 to 5 years) while waiting for the reality of the activity of the Court of Appeal, one of the busiest in France, to be better taken into account .
In a year when the actors of justice have declined aloud their discomfort in the face of the workload and the legislative inflation, “an unprecedented crisis”, admit the heads of court, the question of the means arises. “The commitment of contract workers has given us quick sugars and that’s a good thing, but we also need loan sugars,” warns Franck Rastoul. So magistrates, clerks, civil servants… “If you want to change gear, it’s essential,” said the Attorney General.
The numerical comparisons do not flatter anyone: three prosecutors for 100,000 inhabitants in France when more than 11 are needed according to the European Commission for the Efficiency of Justice. In Toulouse, the ceiling is 2.3 prosecutors per 100,000 inhabitants, 1.53 in Castres, 1.55 in Albi, 1.93 in Montauban, barely more in Foix, 1.96, or Saint-Gaudens 2.06. And the magistrates placed, insufficient at the seat as at the prosecution, do not compensate for sick leave or maternity leave. Will the Estates General of Justice lead to an ambitious programming law? Without denying recent efforts, the first president and attorney general call for it.
Toulouse: looking for a second site
During the assessment of the year 2021, with a positive operation despite the health difficulties, the first president and the general prosecutor of the Toulouse Court of Appeal spoke of the “long-term” future. And they announced two projects: the creation of a digital archiving site for the courts of Agen, Toulouse, Montpellier and Nimes in Toulouse and above all the launch of a study for the construction of a complementary site for justice in the Pink City.
“He will in particular have to return the local court of Toulouse, the jurisdiction of the litigation, the regional services of management”, announces Jacques Boulard, first president of the court of appeal. A necessity “to be more efficient” and because the current site of the court and the judicial tribunal of Toulouse will be too small in the short term – in reality they already are.
“According to projections, just for the Court of Appeal, more than 100 positions will be needed by 2040”, warns the head of jurisdiction. This future site, “complementary but which will not replace the court and the judicial tribunal of Toulouse” should not be too far from the Sali palace and the Jules-Guesds alleys. Project deadline 2032, almost tomorrow. Just need to find the location. In the current gendarmerie, property of the county council and located opposite the judicial court? A project of implantation exists in Balma for the gendarmes of the company Toulouse-Saint-Michel but the departmental council would aim to build housing when the soldiers would have left the place. Unless convincing the elected officials of Haut-Garonne of a new orientation.