President Andrzej Duda has sent a letter to the Prime Minister of the Republic of Poland. The Head of State has submitted a request to the Constitutional Court regarding a jurisdictional dispute.
In light of the continued actions of the Minister of Justice, Attorney General, Mr. Bodnar, aimed at the unlawful removal of the National Prosecutor, Mr. Dariusz Barski, and the Prime Minister’s appointment of the Acting National Prosecutor, Mr. Jacek Bilewicz, in a position unknown in the legal order, I would like to draw the Prime Minister’s attention to the consequences for the Polish state and citizens of these illegal activities
– we are reading.
Pursuant to art. 14 of the law of 28 January 2016 – Public Prosecution Service Act (Official Gazette, Official Gazette of 2023, points 1360, 1429 and 1860), the national prosecutor as the first deputy of the Attorney General and the other deputies of The Attorney General is appointed in a number of not more than seven from among the prosecutors of the National Public Prosecutor’s Office and shall be dismissed from their position by the Prime Minister at the request of the Attorney General. The National Prosecutor and other deputies of the Prosecutor General shall be appointed upon the advice of the President of the Republic of Poland and shall be dismissed with his written consent. Due to the violation of the above procedure, on January 15, 2024, I submitted a request to the Constitutional Court to investigate the jurisdictional dispute between the President of the Republic of Poland, the Prime Minister and the Prosecutor General.
– writes the president.
Pursuant to art. 86 section 1 of the law of 30 November 2016 on the organization and procedure of the proceedings before the Constitutional Court (Official Gazette of 2019, item 2393), the initiation of proceedings before the Constitutional Court results in the suspension of the proceedings before the authorities who carry out the procedure for competence dispute. This effect occurs by operation of law. The actions of the Prime Minister and the Attorney General that are unlawful, in particular the rule of law, form the basis for questioning all actions taken by the National Attorney General in recent years. Mr. Dariusz Dariusz Barski, as well as the activities undertaken by Mr. Prosecutor Jacek Bilewicz, including, among other things, changes in the prosecutor’s office. appeals from regional prosecutors. In the context of the constitutional task of the Council of Ministers, namely to guarantee the internal security of the State and public order (Article 146(4)(7) of the Constitution), the consequences of questioning of the procedural activities of the National Prosecutor personally or under his consent, as well as activities referred to in art. 13 section 3a of the law – Public Prosecution Service Act In presenting the above issues, it should be noted that the Public Prosecution Service safeguards the rule of law, and that the Attorney General is the most important organ of the Public Prosecution Service. All organizational activities undertaken by the Attorney General with regard to units of the Public Prosecution Service must be carried out with particular care, in accordance with applicable regulations, in order to strengthen society’s sense of the proper functioning of the judicial units and not to introduce a state of uncertainty and chaos. whose beneficiaries are merely the perpetrators of crimes. The Prime Minister and Minister Adam Bodnar will be personally responsible for the consequences of these actions, especially for citizens, including crime victims.
– we read in the letter from the head of state.
mly/president.pl
Source: wPolityce