Vaud: the cantonal court is overloaded, but satisfied

The Cantonal Court always has more work to do

Published today at 7:43 p.m.

The expansion and renovation work of the Cantonal Court (TC) at the Hermitage, in the heights of Lausanne, have been in progress since 2022. It is therefore once again in the Montbenon courthouse that the president of the TC, Marie-Pierre Bernel, presented her results on Wednesday 2023. And the magistrate announced that this could be the case again next year (read box).

“Overall positive”

“The year 2023 was very busy, but the results are generally positive,” declared the president, who also heads the Vaudois Judicial Order (OJV). The management report indicates that the courts and justices of the peace opened 59,000 new cases (79% were processed in less than six months, 93% in less than a year), an increase of 8% per year. compared to 2022. The debt collection and bankruptcy offices also received more files (+9%). Not the Commercial Register, which notes a slight drop in entries.

This overload, which is true in all cantons, is a reflection, among other things, of a judicialization of society. It is not just quantitative. The OJV also notes the complexity of cases submitted to justice. This trend is “linked to procedural requirements and the case law of the Federal Court, particularly in the area of ​​child maintenance and in criminal matters,” explains Marie-Pierre Bernel. Legislative changes also play a role.

Concern

The Juvenile Court is bearing the brunt of this pressure (+21%). To deal with this, the office had to hire an additional president in 2024, according to member of the Administrative Court Tania Di Ferro Demierre. The situation is worrying. Because young delinquents are becoming more and more violent. It is above all offenses against life and bodily integrity (+13%) and crimes or offenses against freedom (+15%) which are in question.

Another Source of concern is the lack of places in reception institutions for young people in difficulty presenting complex problems, for example a mental disability or psychiatric disorders. This deficiency is now “chronic” and continues to get worse. The waiting period to benefit from support is now “three months to more than a year”.

Double initiative

The press conference was an opportunity to take stock of the situation two major judicial projects introduced last year. Ambitious, this double initiative already gives complete satisfaction to the OJV. On the one hand, strengthening child protection means banning the use of external experts. Specialized assessors (social, health, education) have thus been recruited internally and are now part of the judicial process.

Parental consensus, on the other hand, aims to develop amicable solutions in the event of conflictual separation or divorce. “The first signs are encouraging and the results positive. The free awareness sessions on this process were all sold out. The interest of the parties concerned is clear,” said the president of the TC.

Scanning

Another major project: the digitalization of justice. If Switzerland is lagging behind on the issue, compared to a country like Austria for example, Vaud is one of the leading cantons in the federal program. The OJV is already testing an application that promotes communication between its services. And a virtual exchange platform with lawyers will be tested in 2025. To be continued.

Dominique Botti is a journalist for the Vaud section of 24 Heures, specializing in field investigations, news items and legal news.More informations @dominiquebotti

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