The influence of the European Public Prosecutor’s Office on French criminal law
| Published date | 01 September 2023 |
| DOI | http://doi.org/10.1177/20322844231179866 |
| Author | Maria Slimani |
| Date | 01 September 2023 |
Analysis & Opinion
New Journal of European Criminal Law
2023, Vol. 14(3) 294–302
© The Author(s) 2023
Article reuse guidelines:
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DOI: 10.1177/20322844231179866
journals.sagepub.com/home/nje
The influence of the European
Public Prosecutor’sOffice on
French criminal law
Maria Slimani
PhD Student, Aix-Marseille University, France
Abstract
The Regulation of 12 October 2017 establishing the EPPO was adopted by 22 Member States and
entered into force on 1 June 2021. Being a considerable step towards a more integrated European
Union, this new Community body sends a strong message as regards the sovereignty of theMember
States. Indeed, it has imposed a transfer of power from the states to the EU, even though the
European Delegated Prosecutors are the same magistrates than the national prosecutors who were
already exercising their functions under national law. Moreover, as there is no criminal court atthe
EU level, offenders are prosecuted in front of the Member States’courts. It is precisely because
prosecutions are carried out at national level that the creation of EPPO has directly imposed
changes in national criminal law. Therefore, more than a year after its establishment,it is interesting
to look at the changes in French criminal law imposed by the creation of the EPPO. Beyond the
changes brought about by the law, this article also looks at the challenges involved in the creation of
this body, in that it identifies difficulties which urgently need to be reflected upon before considering
any extension of the EPPO. Indeed, a reflection is necessary on the protection of the rights of the
defense in the procedures carried out by this body as well as on the role of the judge considering the
disappearance of the investigating judges and especially the problematic relating to the French
prosecutor’status.
Keywords
European criminal procedure, French criminal procedure, European public prosecutor’soffice,
French prosecutor’soffice, European criminal law, French criminal law, public prosecutor, statute
of the prosecutor, investigating judge, rights of the defence
The criminal law of the European Union (EU) is emerging and influencing our national systems.
Over the last decade, several legal instruments concerning both substantive and procedural criminal
Corresponding author:
Maria Slimani, Aix-Marseille Universit´
e Facult´
e de Droit et de Science Politique, 3 Avenue Robert Schuman, Aix-en-
Provence 13100, France.
Email: maria.slimani@univ-amu.fr
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