The Prime Minister and the Minister of Justice apply a policy of fait accompli; I will take legal action – prosecutor Dariusz Barski told PAP on Thursday, who in January this year was removed from the position of national prosecutor.
Proc. Barski recalled in an interview with PAP that requests related to his case have been submitted to the Constitutional Court.
I am waiting for the case to be heard by the Constitutional Court
– he pointed out.
Thursday after On October 8, the head of the Prime Minister’s Chancellery, Jan Grabiec, informed the media that Prime Minister Donald Tusk had appointed Prosecutor Dariusz Korneluk as the new National Prosecutor’s Office. Korneluk was selected in the competition ahead of the MS team. However, as national prosecutor he is not recognized by the current opposition, and President Andrzej Duda has not expressed an opinion on his candidacy.
In my opinion, the Prime Minister’s decision has no legal basis, because I still hold the position of National Prosecutor. The guarantees of the Constitutional Court remain in force, one in my complaint and the other in the event that the President initiates a competency dispute.
– said prosecutor Barski.
As he added, he is currently awaiting the decision of the Constitutional Court.
I still believe that I hold a very serious position and I will not resort to extrajudicial actions, that is to say in quotes, in an attempt to take back my position by force. Such behavior is excluded
– he emphasized.
However, he emphasized that he has no confidence in the survival of the Public Prosecution Service in the coming months.
There is a certain chaos and people have been appointed to important positions in the prosecutor’s office by Prosecutor Jacek Bilewicz, who, in my opinion, occupied the position of Acting National Prosecutor without any legal basis. In my opinion, these appointments are also unfounded
– said Barski.
He recalled that one of the courts had already sent questions to the Supreme Court regarding this issue as well.
Illegal changes in the prosecutor’s office
In mid-January of this year, changes took place at the top of the public prosecutor’s office. Justice Minister Adam Bodnar, during a meeting with National Prosecutor Dariusz Barski, presented him with a document stating that his reinstatement to active duty on February 16, 2022 by the previous Attorney General, Zbigniew Ziobro, “was contrary to applicable regulations and was not produce legal consequences’. The Prime Minister’s decision made Prosecutor Jacek Bilewicz acting National Prosecutor.
Prosecutor Barski disagreed with this interpretation and filed a constitutional complaint with the Constitutional Court regarding the provisions under which he was removed from office. President Andrzej Duda said he still believes the national prosecutor is Dariusz Barski, who “was not effectively removed from his position.” In mid-January, Andrzej Duda submitted a request to the Constitutional Court regarding the dispute over powers between the President of the Republic of Poland, the Prime Minister and the Polish People’s Republic.
Candidates could be submitted for the election of the new National Public Prosecutor until mid-February. At the end of February, the Ministry of Justice team recommended lawyer Dariusz Korneluk for this position from among the submitted candidates.
READ ALSO: OUR INTERVIEW. Prosecutor Ostrowski on the appointment of Korneluk as head of PK: “Just a mention. It happened against the law.”
mly/PAP
Source: wPolityce