The influence of the European Public Prosecutor’s Office on French criminal law

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 the Member 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 at the 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.