“Someone made a mistake in the reinstatement of prosecutor Dariusz Barski by indicating that he would return based on provisions that introduced new regulations,” Deputy Justice Minister Arkadiusz Myrcha said on Saturday.
Yesterday, the Justice Department announced that the reinstatement of prosecutor Dariusz Barski to active duty in 2022 took place without legal basis. According to the Ministry of Justice, this means that as of January 12 this year, because he is no longer on active duty, he does not meet the requirements to be a National Prosecutor and has no longer fulfilled this position since Friday.
Myrcha: Someone used the wrong recipe
It’s just that in reinstating Prosecutor Barski’s retirement, someone made a mistake by indicating that he would return based on provisions that introduced new rules: the Prosecutors Act of 2016. These are the so-called introductory provisions . They were only there for a while to reshape the then National Public Prosecutor’s Office. Nowadays, another provision is in force, already in the regulations themselves: the Public Prosecution Service Act. This is Article 127, which regulates the resumption of retirement
– explained the Deputy Minister of Justice on TVN24.
He added that “if Prosecutor Barski returns under this provision, which is in effect today, our hands would be tied.”
But then someone made a mistake and used the wrong recipe
Myrcha said.
Barski’s decisions are valid
When asked whether Prosecutor Barski took note of it when he received the letter from the Attorney General, the Deputy Minister of Justice replied: “As far as I know, he took note of it.”
When asked whether Prosecutor Barski’s decisions are valid and valid, he said:
Yes, they are in effect.
Dispute: Ministry of Justice – National Public Prosecution Service
The Ministry of Justice also announced yesterday that Jacek Bilewicz, prosecutor at the National Public Prosecutor’s Office, has become acting National Prosecutor. The National Prosecutor’s Office, in turn, states that the position of the National Prosecutor is in the hands of Dariusz Barski, and the letter from Attorney General Adam Bodnar, in which he indicates that the National Prosecutor – in his opinion – remains a retired prosecutor, does so not. do not produce any legal consequences.
In today’s statement to PAP, the Deputy Attorney General wrote that “entrusting Prosecutor Jacek Bilewicz to the position of Acting National Prosecutor, bypassing the procedure of the Public Prosecution Act, is ineffective.”
Deputy Minister Myrcha’s speech shows increasing confusion, just like in the case of Minister Adam Bodnar. Tusk’s coalition is increasingly in trouble. With slogans such as ‘the rule of law’ on their lips, they cause more and more confusion, chaos and lawlessness.
READ ALSO:
— Bodnar fires the national prosecutor! He claims Barski is holding the position illegally and retires him
– Kaleta: The PK appeal is legally ineffective. This requires permission from the president. These are banana republic style activities
– 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
— The lawyer blows Bodnar’s story into dust! “None of the negative conditions exist (…). Barski is still the national prosecutor”
PAP/rdm
Source: wPolityce