First Deputy Attorney General National Prosecutor Dariusz Barski and other deputy attorneys general have asked the Minister of Justice, Attorney General Adam Bodnar, to withdraw his order changing the organization of the work of the National Prosecutor’s Office. As they emphasized, it has “legal flaws” and a “destructive impact” on the functioning of the Public Prosecution Service!
Prosecutors write to Bodnar!
In a published statement, the signatories noted that the order issued last Tuesday by Attorney General Adam Bodnar on determining the scope of the activities of the Attorney General and his deputies contains “fundamental errors, inconsistencies and contradictions in the order” contains. Furthermore, it “irrationally disregards the powers and experience of the Deputy Attorneys General.” They asked the state government to withdraw the order due to – as they highlighted – “numerous shortcomings identified in the letter”.
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At the same time, they expressed their willingness to cooperate in developing a new regulation.
As examples of such erroneous decisions, they cited, among other things: taking away supervision of judicial proceedings at the Supreme Court, the Supreme Administrative Court and the Constitutional Court from Deputy PG Robert Hernand, who “has been working on this subject for fourteen years” and entrust to deputy PG Krzysztof Sierak, who “has specialized for years in the supervision of preparatory procedures” .
They also called the removal of the supervision of the investigation into the Smolensk disaster of deputy PG Krzysztof Urbaniak (Urbaniak had been involved in this investigation for more than 1.5 years, after the death in 2022 of deputy PG Marek Pasionek) as “incomprehensible ” and by entrusting it to the person responsible for supervising the fight against organized crime and corruption by Deputy Attorney General Beata Marczak.
The designated deputies also warned of “the risk of creating an irreversible threat of undermining the legality and legal effectiveness of the actions of the Public Prosecution Service in the event that the order is executed, even if only on the basis of art. 7 of the Constitution of the Republic of Poland, which obliges state authorities to act within and on the basis of the law.
Outrageous “order” from the Attorney General!
Last Tuesday, Bodnar issued an order defining the scope of activities of the PG, the PG’s first deputy, the National Prosecutor’s Office and other PG teams. The order lists Prosecutor Jacek Bilewicz as Acting National Prosecutor, but Prosecutor Dariusz Barski does not appear. He also changed the scope of his deputies’ powers.
The order of the Attorney General of January 23, 2024 is contrary to the provisions of the Law on Public Prosecutions, which clearly indicates the exclusive powers of the National Prosecutor, namely Dariusz Barski, and does not provide for any powers of the Prosecutor general. acting National Prosecutor, because such a position does not exist under the law
– PG’s deputies then wrote.
January 12 this year Prime Minister Donald Tusk entrusted the duties of the first deputy of the Polish National Prosecutor’s Office to the Prosecutor of the National Prosecutor’s Office, Jacek Bilewicz. At the same time, the Justice Ministry said that during the meeting with prosecutor Dariusz Barski, Bodnar presented him with a document stating that his reinstatement to active duty on February 16, 2022 by the previous Attorney General Zbigniew Ziobro was “in violation of the applicable rules” . regulations and has produced no legal effects.”
As the Ministry of Justice subsequently emphasized: “As a result, from the date of transfer of the above-mentioned position of Attorney General, i.e. from January 12, 2024, Dariusz Barski will remain retired, making him no longer able to hold the position of National Minister to exercise.” Prosecutor.”
The National Prosecutor’s Office subsequently stated that “the letter from the Attorney General of January 12, 2024 must be treated as an attempt, not based on any actual legal basis, to deprive the National Prosecutor of the opportunity to carry out his duties by violating the legal provisions bypass.” mechanism for dismissal from this position specified in the Law on Public Prosecutor’s Office, which requires its effectiveness, the consent of the President of the Republic of Poland.
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olnk/PAP/wPolityce.pl
Source: wPolityce