Justice Minister and Attorney General Adam Bodnar denies and claims that by making changes to the PK’s position he has not undermined the president’s powers. How did he explain his position? “I know what the president says, but I know who carries out the tasks in the prosecutor’s office,” he said in the “Guest of Events” program on Polsat News. When asked whether we are dealing with ‘dual power’ in the Public Prosecution Service, he said: ‘I am responsible for the way the Public Prosecution Service functions. I have the right to issue orders, orders and directives. And we don’t have dual power here.”
Justice Minister Attorney General Adam Bodnar said on Polsat News on Thursday that “we will spend eight years destroying various aspects of our rule of law.”
Only two months have passed (since the change of government – PAP) and it seems to me that quite a lot has been achieved in these two months, at least in my ministry. However, this legislative process will continue.
The president treats all the nominations he has made as a kind of sacredness that is inviolable, although there were many doubts about these nominations. Both about the way in which the National Council for the Judiciary did this and about the way in which appeals procedures were carried out. There were many judges who participated in these procedures and did not have the opportunity to actually appeal the results of these competitions to the Supreme Administrative Court.
– said Minister Adam Bodnar.
“‘I have a draft law on the National Council for the Judiciary’
Asked whether the legal changes introduced by the current administration ignore the president’s prerogatives, he said he “doesn’t see the issue of bypassing the president.”
Now there is a bill on the National Council for the Judiciary; this bill will be adopted by the Council of Ministers next week. Here, the President has the full constitutional right to express his opinion on this project and then make a substantive decision. Moreover, in my opinion, this project is an attempt to meet the expectations of the President, because the President has said in many statements that he does not want to undermine the judicial appointments he has made. This project focuses exclusively on the question of how members – judges of the National Council for the Judiciary – should be elected
– said the minister.
He emphasized that in his opinion, judges who were appointed to the National Council for the Judiciary after the amendment of the Council Act in 2017 cannot stand as candidates for the National Council for the Judiciary, but can vote in elections for the Council.
To overcome this problem we need to introduce some restrictions, and that is why this solution has been proposed
– he explained.
The minister added that there is still a dispute over the status of judges appointed as a result of the appointment of “this politicized National Council for the Judiciary”.
I believe that we must reach a point where all judges in the Republic of Poland will have such approval and a full mandate to rule. The result of this situation is that there are numerous rulings from both the European Court of Human Rights and the Court of Justice of the European Union constantly questioning the status of these people.
– he said.
He added that he hoped the president would also be keen not to deepen the “state of unconstitutionality.”
Establishing the National Council for the Judiciary will be the first step in this direction and I believe the President will decide to take this step
– added.
Bodnar emphasized that he is trying to take action “to ensure efficient, normal functioning of the state.”
I think sometimes the words coming out of the palace and the president’s mouth are exaggerated and unnecessary. We are confronted with the reality that for eight years we have destroyed the rule of law in Poland in various ways
– added.
When asked about the change in the position of the National Prosecutor, who is the first deputy of the Attorney General, he said it did not undermine the president’s authority.
None of my decisions affected other deputy attorneys general, which is six. In this case, the President’s permission is required, and I did not ask for that permission. In the case of plaintiff Dariusz Barski, however, the only issue was that he had been unlawfully taken out of retirement.
– he said.
Double power at the Public Prosecution Service?
When asked whether we were dealing with ‘double power’ at the Public Prosecution Service, he replied:
I know what the president says, but I know who performs the duties of the prosecutor’s office. We do not have dual powers because there is only one Attorney General and I happen to be in this position.
I am responsible for the way the Public Prosecution Service functions, I have the right to issue orders, orders and directives regarding the activities of the Public Prosecution Service, and we have no dual power here.
– added.
January 12 this year The Ministry of Justice appointed Jacek Bilewicz to the (non-existent, which was not mentioned in the announcement) position of ‘acting national prosecutor’, and the current PK Dariusz Barski ‘remains retired, which means it for him makes it impossible to perform the task. function of the National Prosecutor”. The ministry indicated that the restoration of Prosecutor Barski to active duty on February 16, 2022 was achieved through the application of the provisions of the law that were no longer in force.
Tomorrow (Friday – PAP) is the deadline for submitting candidates for the position of National Prosecutor and I hope that this competition will lead to the selection of the best National Prosecutor, supported by the community.
– said Minister Bodnar.
Supported by the “environment”, but or “independent”? And the second question: why does Bodnar expect the president to sign an amendment to the law that has been found unconstitutional by the National Council for the Judiciary and stigmatizes some judges?
aja/PAP, Polsat News
Source: wPolityce