Will Adam Bodnar lose his senatorial seat? Following his decision to take over public media matters, there are many indications of this. “Ignorance of the law (on the Public Prosecution Service) is harmful,” or how Adam Bodnar deprived himself of his mandate as Senator of the Republic of Poland by wanting to “arrest” the files of prosecutorial cases related to media companies, writes lawyer Bartosz Lewandowski. the X website. The website wPolityce.pl was the first to write about Adam Bodnar’s activities in this matter.
On our virtual pages we were the first to inform about the takeover of all procedures related to the illegal takeover of TVP, the Polish Radio and the Polish Press Agency.
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Media information shows that the MS Attorney General, pursuant to art. 9 pair 2 of the law of January 28, 2016 – Law on Public Prosecutions, he wanted to take over cases conducted by other public prosecutors and relating to legally dubious “media” resolutions. In these cases, prosecutors could take measures aimed, for example, at declaring the court’s invalidity of Bartłomiej Sienkiewicz’s resolutions.
– Lewandowski recalls.
However, these types of actions had very far-reaching consequences for the minister, which I believe he had not foreseen. And this consequence is the loss of the opportunity to serve as a Senator of the Republic of Poland
– notes the lawyer.
Clear conclusions
Interestingly enough, lawyer Lewandowski refers to the position of… the Association of Prosecutors “Lex Super Omnia”.
Hence the provision of the proposed art. 13a of the Public Procurement Act, which excludes the possibility of the Attorney General applying the substitution principle, is incorrect because the Attorney General, who is not a senior prosecutor, cannot take over cases and tasks on the basis of art. 9 § 2 PrProk.
– we read in the advice of July 13, 2023 on the bill (Senate form 1039).
A similar position was taken by lawyer Dr. Piotr Turek in his commentary:
The procedural rights of the PG and other public prosecutors are separate and in accordance with art. 3 § 1 pr. public prosecutor, it cannot be concluded that the PG could exercise powers that, in accordance with specific laws, fall within the powers of the public prosecutor, for example conducting an investigation, and vice versa.
Like Dr. Bartosz Lewandowski notes:
So if @Adbodnar wanted to play the role of prosecutor and take over the case, unfortunately he was no longer a senator…
Pursuant to art. 103 section 2 related joke. 108 of the Constitution of the Republic of Poland, the offices of a prosecutor and a senator or deputy cannot be combined. Oops…
Opposition before ending the mandate?
Interestingly, Civic Coalition politicians have taken a similar position in the past.
Separation of the roles of the Member of Parliament [tutaj-senatora] and the public prosecutor’s office are intended to protect the public prosecutor’s office against its politicization. We now know that, given the omnipotence of PiS, these actions are not enough, but this does not mean that we can tolerate violations of the provisions of the Constitution by the most important people in the state.
– said Kamila Gasiuk-Pihowicz.
Well, the Law on Public Prosecutions, adopted by PiS, gives previously unknown powers to the Attorney General, who in reality became a prosecutor as part of the functioning of the Polish Prosecutor’s Office (…) This alone confirms that it exercise of the function of the Public Prosecutor’s Office is not of an extraordinary nature, as was the case in the history of the Polish system
– emphasized Arkadiusz Myrcha.
Interestingly enough, lawyer Lewandowski also used a quote from Renata Grochal’s book “Zbigniew Ziobro. True face” (Warsaw, 2022, pp. 310-311), which reads:
Ziobro is no longer just a minister, but also an attorney general with significantly expanded powers and a member of parliament. Combining a parliamentary mandate with the position of prosecutor is a clear violation of the constitution by some of the highest state officials.
As the lawyer concludes:
However, Minister A. Bodnar can save the senator’s mandate.
Resign from the office of MS-PG
go/X
Source: wPolityce