President Andrzej Duda has filed a request with the Constitutional Court regarding the dispute over powers between the President of the Republic of Poland, the Prime Minister and the Prosecutor General, the President’s Chancellery announced. She added that the application was filed in connection with an attempt to unlawfully remove the National Prosecution Service.
At the same time, the petition submitted to the Constitutional Court, the contents of which were made available on the website of the Chancellery of the President, asked whether “the decision to appoint the Prime Minister, at the request of the Prosecutor General, with the ‘execution of the duties’ of the National Prosecution, i.e. the creation of a judicial function, has possible legal consequences.” in the structure of the public prosecutor’s office, unknown to the applicable law.
Bodnar’s attempt to fire the National Prosecutor
On Friday, the Ministry of Justice announced that during a meeting with National Prosecutor Dariusz Barski, Minister of Justice Attorney General Adam Bodnar presented him with a document stating that his reinstatement to active duty on February 16, 2022 by previous Attorney General Zbigniew Ziobro “was made in violation of the applicable provisions and has not had any legal consequences.
As the Ministry of Justice emphasized: “As a result, Dariusz Barski will remain retired from the date of transfer of the above-mentioned position of Attorney General, i.e. from January 12, 2024, making him incapable of assuming the position of National Prosecutor to exercise. .” A few tens of minutes later, the Justice Ministry announced that, pursuant to Prime Minister Donald Tusk’s decision, Prosecutor Jacek Bilewicz became Acting National Prosecutor.
PK position
The National Public Prosecutor’s Office responded that the position of national prosecutor was held by Dariusz Barski and that Bodnar’s letter, in which he indicated that in his opinion Barski was a retired prosecutor, had no legal consequences.
On Friday, President Duda stated that the change in the position of the National Prosecutor – in accordance with the law – is the responsibility of the Prime Minister and the Attorney General in collaboration with the President.
Adam Bodnar’s action without the participation of the Prime Minister and the President is another gross violation of the law
– added the president.
In his petition to the Constitutional Court, the President noted that the activities of the PG and the Prime Minister’s decision of January 12 this year. were undertaken “in clear violation of the provisions of jurisdiction and procedure” and therefore contrary to the Constitution.
In accordance with the established case law of the courts, they must be treated as a specific and individual act of application of the law affected by the so-called absolute invalidity, which includes acts pronounced in clear violation of the jurisdictional provisions or not involving any procedure has been followed
– emphasized in the justification for the presidential motion.
tkwl/PAP/X
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Source: wPolityce