The National Prosecutor’s Office said that the Deputy Attorney General has sent a letter to the President of the European Commission and Members of the European Parliament, asking them to take appropriate measures to prevent violations of the law in Poland. “The attack on one of the most important institutions in the state, the Public Prosecution Service, undermines the foundations of the democratic constitutional state and the independence of prosecutors, leads to chaos and paralyzes the functioning of this institution in a period of tense international situation. , when the subject of important procedures are acts of sabotage and the activities of foreign intelligence services.” – emphasized in the letter.
The EC remains silent when the rule of law is violated
In their letter, the Deputy Attorney General pointed out that in recent years, representatives of the European Commission have repeatedly drawn attention to issues related to compliance with the rule of law in Poland, while – as they emphasized – the Commission remains silent “when the The rule of law is being ostentatiously violated.”
The actions of Attorney General Adam Bodnar could threaten the economic interests of the European Union with regard to the principle of free movement of capital between EU countries, as well as the significant involvement of EU countries in economic enterprises in Poland . The Public Prosecution Service in Poland actively prosecutes crimes committed to the detriment of the EU, including theft of funds from the EU budget and VAT fraud in connection with the intra-Community supply of goods and services.
— mentioned in the notice providing information about the letter to the EC.
It added that the PG delegates are included in the letter called on representatives of the societies of the European Community and the executive bodies of the EU to take appropriate measures to prevent violations of legal provisions in Poland.
Actions must be in accordance with the law
The PUT delegates emphasized in the letter that “in any democratic country, the government has the right to take legislative initiatives that change the form and composition of state bodies, but this must be done in accordance with applicable law.”
Actions taken by the Minister of Justice, Attorney General Adam Bodnar, which constitute an attempt to remove National Prosecutor Dariusz Barski from the position of First Deputy Attorney General, contrary to legal provisions – Art. 14, paragraph 1 of the Law on Public Prosecutions, which provides for the consent of the President of the Republic of Poland to dismiss the National Prosecutor and replace him with the non-existent statutory position of “acting National Prosecutor”, creates a state of destabilization of the work of the Public Prosecution Service in Poland. The Deputy Prosecutor General pointed out that such measures could significantly reduce the level of legal protection of Polish citizens living in the European Union, citizens of the European Union living in the territory of the Republic of Poland, as well as the level of internal security of the country. and its citizens.
– mentioned in the announcement.
It added that “an attack on one of the most important institutions in the state, namely the Public Prosecution Service, undermines the foundations of the democratic rule of law and the independence of prosecutors, leads to chaos and paralyzes the functioning of this institution in a period of tense international situation, in which the subject of important proceedings are acts of sabotage.” and activities of foreign intelligence services.
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– Deputy Attorney General: “The institution of the ‘Acting National Prosecutor’ did not exist and still does not exist.”
Attempt to take over the National Public Prosecutor’s Office
Let us not forget that on Friday, December 12, Prime Minister Donald Tusk entrusted the duties of the First Deputy Attorney General of the National Prosecution Service to Prosecutor Jacek Bilewicz. Bilewicz replaced Dariusz Barski as acting prosecutor as national prosecutor.
The Justice Department announced that as of Friday, Dariusz Barski “remains retired, preventing him from fulfilling the position of National Prosecutor.”
In response, the National Prosecutor’s Office issued a statement stating that the National Prosecutor is prosecutor Dariusz Barski, and “a letter from Attorney General Adam Bodnar dated January 12, 2024, in which he indicates that in his opinion the National Prosecutor is a retired public prosecutor who has been dismissed since his retirement in the manner provided for in the non-binding law of October 9, 2009 amending the previous law on the Public Prosecution Service, has no legal effect whatsoever.
The deputies of Attorney General Adam Bodnar state that it is ineffective to entrust Prosecutor Jacek Bilewicz with the position of Acting National Prosecutor without unlawfully omitting the procedure of the Public Prosecution Act. Such a function is not provided for in the Public Prosecution Service Act
– said the deputy attorney general in a statement sent to PAP on Saturday.
On Saturday, Deputy Attorney General Michał Ostrowski announced that he would submit a report on a crime committed by the head of the Ministry of Justice Adam Bodnar, prosecutor Jacek Bilewicz and other people working with them in connection with the attempt to overthrow the National Prosecutor’s Office to dismiss. Dariusz Barski.
In connection with the Prime Minister’s decision, President Andrzej Duda also issued a statement.
Minister Adam Bodnar is trying to dismiss Dariusz Barski from the position of national prosecutor, for which he has no independent authority. He communicated his +decision+ in this case to the attorney at the bar
– wrote the president on Friday evening on platform
Adam Bodnar’s action without the participation of the Prime Minister and the President is another gross violation of the law (the law and Article 7 of the Constitution).
– said the president.
Action was also taken by prosecutor Robert Hernand, who issued an order restricting access to the National Prosecutor’s Office to outsiders. This decision is intended to prevent Jacek Bilewicz from taking up his position.
READ ALSO:
– An important move by the Deputy Attorney General! Robert Hernand issued an order restricting access to the PK to outsiders
— Tusk and Bodnar have a problem! “Judges of the Republic of Poland”: there are no legal grounds for the appointment of Bilewicz to the post of Acting National Prosecutor
— Attack on PK and Bodnar vs. Tusk! The compilation of these statements was a hit. “Within a few hours of each other”; “Don’t argue, gentlemen”
wkt/gov.pl/wPolityce.pl/PAP
Source: wPolityce