The sudden placing of three deputies of the Attorney General on leave will have a negative impact on the functioning of the public prosecutor’s office, the PG deputies said. They added that furloughed prosecutors are responsible for major cases of economic or military crimes. The matter is being handled by the wPolityce.pl portal.
PG delegates do not agree with forced leaves
The Ministry of Justice announced that the head of the Ministry of Justice, PG Adam Bodnar, has decided to order the use of outstanding leave for a period of 42 days, i.e. from Thursday to March 15, by three of his deputies: Michał Ostrowski , Tomasz Janeczek and Robert Hernand.
In the coming months, the other PG deputies will be instructed to take leave
– announced.
The National Public Prosecutor’s Office reported that the deputies of the Attorney General do not agree with Bodnar’s letter about their forced departure. The employer of the PG deputies is the National Public Prosecutor, and not the Attorney General, the PK noted. On Thursday, the PG deputies’ statement reiterated that their employer is the National Public Prosecution Service, “led by the National Prosecutor Dariusz Barski” and that “its powers include: granting leave to deputy attorneys general.
The Deputy Attorney General is aware that the provisions of the Labor Code provide for the possibility of placing employees on forced leave in the event of arrears in payment from the previous year. However, this right is only available to the employer under the conditions provided for in the Labor Code
– indicated.
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Negative impact on the functioning of the public prosecutor’s office
As it was added, in previous practice, the Attorney General’s deputies informed PG, as his immediate superior, of their planned leave, “however, this does not mean that the leave was granted by the Attorney General.” Under the provisions of the Public Prosecution Act, the Attorney General can issue orders to the deputy of the Attorney General, but only within the scope of his powers as a public authority, and this undoubtedly does not include the issue of vacation leave – indicates the announcement.
The Deputy Attorney General also pointed out that “the sudden and ill-considered placement of three people from the leadership of the Public Prosecutor’s Office on long-term leave will undoubtedly have a negative effect on its functioning. All deputies supervise extremely important parts of the prosecutor’s office,” we read in the statement.
As indicated, “in the case of Michał Ostrowski this is the area of the fight against economic crime, including crime related to the fraud of European Union funds and cybercrime, Robert Hernand – the activities of the Public Prosecutor’s Office in the judicial field, including representing the Public Prosecutor’s Office at the Supreme Court, the Constitutional Court and the CJEU, and Tomasz Janeczek – issues relating to crimes against the military, which must be particularly surprising given the situation beyond Poland’s eastern border and the ongoing purchases of weapons for the army operating in the NATO system.
The Ministry of Justice announced on Friday that Prime Minister Donald Tusk has entrusted the duties of the First Deputy Attorney General – National Prosecutor to a prosecutor from the National Prosecutor’s Office, Jacek Bilewicz. Bilewicz replaced Dariusz Barski as acting national prosecutor. The Justice Department also stated that as of Friday, Barski “remains retired, precluding him from serving as National Prosecutor.” The ministry states that the reinstatement of Prosecutor Barski on February 16, 2022 by the then PG Zbigniew Ziobro was achieved through the application of the provisions of the law, which have been out of force for some time.
The PG’s deputies emphasize that Barski is the National Prosecutor, and that it is ineffective to entrust Prosecutor Bilewicz with the position of Acting National Prosecutor, thereby bypassing the procedure of the Public Prosecution Act.
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—Proc. Barski: I’m still the national prosecutor. Adam Bodnar’s actions are aimed at circumventing the mechanism of the Public Prosecution Act
wkt/PAP
Source: wPolityce