Today, Justice Minister Adam Bodnar presented National Prosecutor Dariuz Barski with a document stating that he is holding the position illegally. According to Bodnar, Barski’s reinstatement to active duty in February 2022 by Minister Ziobro “was contrary to applicable regulations and had no legal effect.”
Bodnar in a double role
Adam Bodnar, Acting Attorney General, met today with National Prosecutor Dariusz Barski and presented him with a letter of retirement. According to Bodnar, Minister Zbigniew Ziobro’s decision to reappoint Barski as PK from February 2022 is invalid.
His reinstatement to active duty on February 16, 2022 by the previous Attorney General, Mr. Zbigniew Ziobro, was contrary to applicable regulations and had no legal consequences. This was because a provision of the law was applied that was no longer in force.
Thus Dariusz Barski according to Bodnara can no longer perform duties and is retiring. The PK’s duties will now be carried out by Bodnar, who is already attorney general.
From January 15, 2024, Attorney General Adam Bodnar will have his office at the headquarters of the National Prosecutor’s Office. In the context of his duties as Attorney General, he ensures and supervises the efficient and proper functioning of the National Public Prosecutor’s Office.
Perhaps the decision to dismiss Dariusz Barski from office is related to Tusk’s decision to join the structures of the European Public Prosecutor’s Office. This is partly confirmed by the Ministry of Justice’s announcement that Bodnar will supervise the connection process
In addition, he will oversee the process of Poland’s accession to the European Public Prosecutor’s Office.
Status of Prosecutor Barski
According to the Justice Department, Barski’s reinstatement from retirement to active duty in February 2022 was ineffective because it was based on a provision that no longer exists. Therefore, Barski remains retired as prosecutor and cannot perform any duties.
A retired prosecutor no longer performs duties and cannot perform functions in prosecution units, but as a rule receives a compensation of not less than 75%. salary in active status. Under the applicable regulations, a pensioner cannot be a prosecutor at the National Public Prosecutor’s Office, nor the National Prosecutor himself. To be a National Prosecutor, you must be on active duty
– says MS.
Kaleta: The PK appeal is legally ineffective. This requires permission from the president. These are banana republic style activities
The validity of Barski’s decision
It turns out that not all decisions made by Prosecutor Barski while serving as National Prosecutor are valid.
All decisions made by Prosecutor Dariusz Barski between March 18, 2022 and January 11, 2024 will remain in effect to the extent that Prosecutor Dariusz Barski acted pursuant to the authorization and on behalf of the Office of the Attorney General. However, in the case of independent decisions by the National Prosecution Service, all issues in this regard will be subject to detailed analysis and, depending on the results, further decisions will be taken.
This means that Bodnar can question the Bar Association’s decisions to delegate prosecutors for specific tasks and thus make personnel changes. This case could also be at the heart of the decision to remove Barski from office, as the National Prosecution has until January 17 to dismiss 144 prosecutors from the delegation. Barski did not comply with Bodnar’s request for these appeals.
Patryk Jaki warns: by dismissing prosecutors from the delegation, Minister Bodnar is acting in favor of organized criminal groups
koala/ms
Source: wPolityce