Professional Civil Society (PCS) of bailiffs, a hoax?


The provisions of Decree No. 2023/042 of January 25, 2023 on the status and organisation of the bailiff profession, relating to the Professional Civil Society (PCS) of bailiffs, also caught my attention. The principle of allowing bailiffs to practice under a corporate form is affirmed in Article 3(2), which states: “Bailiffs carry out their activities either individually or within the framework of Professional Civil Societies, abbreviated as PCS”. The principle is reaffirmed in Article 57(1), which stipulates that “the bailiff profession may also be practised jointly in the form of a Professional Civil Society…”. The regulatory framework for the bailiff PCS unfolds, in step with the provisions, in a disconcerting bipolarity, leaning sometimes towards a company with legal personality, sometimes towards a mere administrative institution. In fact, a legal monster!