[T]he domestic judge, when he receives a case based on a universal jurisdiction clause, shall ensure that the res judicata which took place abroad does not hinder the prosecution in France. … This assessment, which is a condition to the legality of the public prosecution, shall be effective and take place in the preparatory phase of the criminal proceedings established in France … If the investigating chamber fails to proceed with such assessment, the interested parties shall benefit, without discrimination, of a useful and effective remedy to hinder the commencement of the public prosecution.