Chapter III: Coordination of powers between the European Public Prosecutor, the Deputy European Public Prosecutors and the French judicial authority

Where the European Public Prosecutor personally conducts the investigation pursuant to Article 28(4) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation regarding the establishment of the European Public Prosecutor’s Office, he or she shall exercise the powers of the Deputy European Public Prosecutor.

Where the European Public Prosecutor’s Office decides not to exercise its jurisdiction, the public prosecutor hearing the investigation or the investigating judge hearing the information shall remain competent, including in the cases mentioned in Article 25(6) of Council Regulation (EU) 2017/1939 of 12 October 2017 referred to above. As long as the European Public Prosecutor’s Office has not ruled on the exercise of its jurisdiction, there is no need to…

Where, in the cases referred to in Article 25(6) of the aforementioned Council Regulation (EU) 2017/1939 of 12 October 2017, the public prosecutor to whom the investigation has been referred refuses to relinquish jurisdiction in favour of the European Public Prosecutor’s Office, the competent public prosecutor shall designate the magistrate competent to continue the investigation.

Where, in the cases mentioned in Article 25(6) of the aforementioned Council Regulation (EU) 2017/1939 of 12 October 2017, the investigating judge hearing the information refuses to relinquish jurisdiction in favour of the European Public Prosecutor’s Office, he shall invite the parties to make their observations known within a period of five days. At the end of this period, the investigating judge shall issue an order refusing to relinquish jurisdiction,…

When the European Public Prosecutor decides to refer the case to the national authorities pursuant to Article 34 of the aforementioned Council Regulation (EU) 2017/1939 of 12 October 2017, the Deputy European Public Prosecutor shall inform: 1° The competent public prosecutor in the cases mentioned in 1 to 3 of the same Article 34; 2° The competent public prosecutor in the case mentioned in 6 of the said Article 34….