Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2 of the Convention. The Committee previously requested the Government to provide information on any new developments concerning the amendment of Ordinance No. 45-2592 concerning the status of bailiffs following the Council of State Decision of 16 December 2005 which had had the effect of implicitly repealing section 10 of this Ordinance and thereby guaranteeing bailiffs the right to organize as employers and the right to collective bargaining of their occupational organizations. The Committee also requested the Government to indicate whether, in the light of this Council of State Decision, measures had been taken to explicitly repeal the similar provisions contained in the ordinances governing the status of other ministerial officers (No. 45-2590 concerning the status of notaries, No. 45-2591 concerning the status of solicitors (“avoués”) and No. 45-2593 concerning the status of judicial auctioneers).

The Committee notes with interest that a bill on the enforcement of court decisions and the conditions for practising certain regulated professions containing provisions amending Ordinance No. 45-2592 to give effect to the Council of State Decision was adopted on 11 February 2009 by the Senate. The bill also contains provisions concerning the amendment of Ordinance Nos 45‑2590 concerning notaries and No. 45-2593 concerning judicial auctioneers. With regard to Ordinance No. 45-2591 concerning solicitors (“avoués”), the Government indicates that its repeal is envisaged in a bill currently being examined by the Council of State concerning the merging of the professions of lawyer and solicitor (“avoué”) to the Court of Appeal. The Committee requests the Government to communicate any information in this respect.