“The Minister of Justice – Attorney General recognizes the security order issued by Judge of the Constitutional Court Krystyna Pawłowicz on January 15, 2024 as non-existent (sententia non existens). – it was announced in a press release from the Ministry of Justice. This is Minister Bodnar’s position on the ruling on the situation of National Prosecutor Dariusz Barski.
The wPolityce.pl portal discovered last week that the Constitutional Tribunal had made a temporary decision regarding the illegal actions of Adam Bodnar, who is trying to dismiss Dariusz Barski from the post of National Prosecutor. Under this decision, the head of the Ministry of Justice has no right to take further action until the matter is resolved by the Constitutional Court.
READ ALSO: OUR NEWS. The Constitutional Court has made an interim decision about the Public Prosecution Service. This should stop Bodnar’s attack on PK
Bodnar doesn’t care about the decision of the Constitutional Court!
What does Adam Bodnar say about this? The Ministry of Justice said in a statement that the head of this ministry and the Attorney General considered the decision “as non-existent”.
The Minister of Justice – Attorney General recognizes as non-existent (sententia non existens) the security decision issued on January 15, 2024 by Judge of the Constitutional Court Krystyna Pawłowicz (reference number Ts 9/24), regarding the application of the provisions of Art. 47 of the law of 28 January 2016. Provisions introducing the law – Public Prosecution Service Act (Official Gazette of 2016, point 178). This decision was taken in gross violation of the law
– we read in MS’s profile on the X website.
The ministry also added a link to the full text of the message.
“In flagrant violation of the law”
On January 15, 2024, the Constitutional Tribunal in one panel (Judge Krystyna Pawłowicz) issued a protective decision regarding the application of the provisions of art. 47 of the law of January 28, 2016. Provisions introducing the law – Law on the Public Prosecution Service (Official Gazette of 2016, item 178) for the situation of the Prosecutor of the National Public Prosecution Service, Dariusz Barski
– says MS.
According to the Minister of Justice, this decision was taken in gross violation of the law. In particular, it is contrary to art. 188 section 5 and art. 79 of the Constitution of the Republic of Poland, as well as from art. 79 section 1 in connection with art. 39 section 1 point 1 of the law of 30 November 2016 on the organization and procedure of proceedings before the Constitutional Court (Official Gazette of 2019, point 2393). The decision was addressed to wrongly flagged entities, including persons who did not participate at all and were not parties to the proceedings before the Constitutional Court. It was issued without recourse to available legal remedies, by a judge who was excluded by operation of law. It lacks the characteristics of an act applying law and therefore cannot produce legal effects
– we read in the announcement.
Based on the above, the Minister of Justice – Attorney General considers the interim decision as non-existent (sententia non existens).
– emphasizes the Ministry of Justice.
As we read further in the announcement, Bodnar considers his decision justified, among other things, by: “gross violation of the principles of apoliticalness, impartiality and judicial independence” by Prof. Krystyna Pawłowicz.
In fact, the interim decision of January 15, 2024, reference no. Ts 9/24 is, both in form and content, an act unknown in law that exceeds the constitutional powers of the Constitutional Court and violates the principle of legalism as specified in art. 7 of the Constitution (ultra vires action). No court of the Constitutional Court (in this case a single member) can freely create and usurp procedural powers
– adds MS.
aja/gov.pl/web/justitie
Source: wPolityce