The Ministry of Justice is trying to defend its decision to attack the National Prosecutor. Meanwhile, the rector of the Academy of Justice, Dr. Michał Sopińskii, the story of Minister Bodnar to dust! “None of these negative conditions exist in the context of art. 47 of the Act introducing the Public Prosecution Service Act. This means that Mr. Dariusz Barski is still the National Prosecutor,” we read.
Bodnar attacks the national prosecutor. There is a response from PK and President Duda!
Justice Minister Adam Bodnar presented National Prosecutor Dariusz Barski with a document stating that he held 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.” At the same time, PK prosecutor Jacek Bilewicz was appointed acting national prosecutor.
READ ALSO: Bodnar fires the National Prosecutor! He claims Barski is holding the position illegally and retires him
READ ALSO: OUR NEWS. We know where the attempt to fire Barski comes from! Bodnar’s action is, among other things, the result of an investigation into the police burglary of the presidential palace
In response to Bodnar’s action, she issued a statement National Public Prosecution Service.
The position of National Prosecutor is held by Dariusz Barski; Attorney General Adam Bodnar’s letter indicating that in his view the National Prosecutor remains a retired prosecutor has no legal effect
– we are reading.
READ ALSO: PK rejects Bodnar’s action regarding Barski’s dismissal: “It is not a single decision that can have legal consequences”
At President Andrzej Duda he emphasized in his message on the website
A. Bodnar’s action without the participation of the Prime Minister and the President is again a gross violation of the law (the law and Article 7 of the Constitution).
– wrote the head of state.
READ ALSO: The president responds to Bodnar’s actions: He has no independent powers for this. Another gross violation of the law
Also deputy attorney general in their statement, they indicated that “the Minister of Justice, Attorney General Adam Bodnar, together with Prime Minister Donald Tusk, illegally created a new position unknown in the Public Prosecution Service law.”
CHECK THE DETAILS: A strong voice from the Attorney General’s Deputies! Response to the actions of Tusk and Bodnar. “They illegally created a new position.” RACK
“None of these negative premises exist.”
On the Internet you can find a comprehensive article by a lawyer – Dr. Michał Sopiński, Rector of the Academy of Justice, blowing Minister Bodnar’s arguments into dust!
The question of whether Prosecutor Dariusz Barski is still the National Prosecutor comes down to the question of whether the legal provision contained in art. 47 of the Law Establishing the Public Prosecution Service Act was in force when Prosecutor Barski was reinstated to active duty and subsequently appointed First Deputy of the Attorney General
– we are reading.
This is a question related to the theory and philosophy of law – the specialty on which I wrote and defended my PhD with distinction at the University of Warsaw. So let me answer
– wrote Dr. Michał Sopiński.
Well, the legal provision in art. 47 of the Law Establishing the Public Prosecution Service was not only in force when Prosecutor Barski was reinstated to active duty and subsequently appointed First Deputy of the Attorney General, but is also in force today, December 12, 2024 . Contrary to what is suggested – unlike ZTP – it is not episodic or episodic
– pointed to the headmaster of AWS.
You may ask why the issue of the validity of the law is important? Well, for a lawyer, to be law, a law must be formally (theologically) valid. Thetical validity consists of the recognition that the right (legal norm, legal provision) is valid when: 1) it has been properly established by legal provisions (i.e. by a competent authority, in accordance with the appropriate legal procedure, in a appropriate form) or in accordance with logical rules of legal inference derived from other standards; 2) has been officially announced (declared); 3) contains no conflicts, and if they appear, they are removed by applying conflict rules. Only those norms whose contradictions have not been eliminated are not valid; 4) has not been withdrawn by derogation provisions or otherwise; 5) the Constitutional Court did not find it contrary to the Constitution of the Republic of Poland or other higher level laws
– he calculated.
None of these negative premises appear in the context of art. 47 of the Act introducing the Public Prosecution Service Act
– emphasized the lawyer.
This means that Mr. Dariusz Barski is still the National Prosecutor
– concluded Dr. Sopinski.
MS publishes “legal opinions”
Meanwhile, Minister Bodnar refers to external opinions.
External legal opinions from recognized experts and legal authorities, such as prof.dr., are now available on the Ministry of Justice website. Anna Rakowska (UŁ), Prof. Sławomir Patyra (UMCS) and Prof. Grzegorz Kuca (UJ), on the assessment of the effectiveness of reinstating prosecutor Dariusz Barski in active service
— wrote Adam Bodnar on the X platform.
He also posted a message from the official account of the Ministry of Justice on the service on February 16. 2022 by the then Attorney General Mr. Zbigniew Ziobro.
External legal opinions from recognized experts and legal authorities, such as Prof. Anna Rakowska (UŁ), Prof. Sławomir Patyra (UMCS) and Prof. Grzegorz Kuca (UJ), clearly indicate that the actions taken by Minister Zbigniew Ziobro on February 16, 2022 preceded by a request of the same day by prosecutor Dariusz Barski, were undertaken without a proper legal basis and have no effect
– we are reading.
This is how Adam Bodnar and his ministry try to defend themselves… Former deputy head of the Ministry of Justice Sebastian Kaleta aptly summarized that the “current catalog of sources of law in Poland” includes: “Bodnar Announcement” and “opinions of law professors”.
READ MORE: Kaleta scores points for Tusk’s team: ‘For a month we have become a country where the law no longer matters’
olnk/X
Source: wPolityce