“Legal authorities linked to the current government are constantly trying to distort reality and convince the public that prosecutor Dariusz Korneluk, and not the illegally dismissed Dariusz Barski, should serve as national prosecutor. “The Supreme Court’s ruling on Prosecutor Barski does not dismiss Prosecutor Korneluk,” said Prof. Marek Safjan, former President of the Constitutional Court.
In an interview on Radio Three, Prof. Marek Safjan said he referred to the Supreme Court ruling that the appointment of Dariusz Barski as national prosecutor was legally effective.
This statement is completely unjustified
– noted and added that “the National Prosecutor is Mr. Dariusz Korneluk.”
There is no doubt that Mr. Dariusz Korneluk will continue in his position. No one changed the decision to appoint him
– said Safjan, arguing that, in his opinion, “this situation proves what the destruction of the rule of law and its institutions leads to.”
Absurd translations
Moreover, he explained the current legal chaos with the eight-year rule of Law and Justice. Moreover, he pointed out that the destruction of the justice system carried out by Donald Tusk and Adam Bodnar will be motivated by concern for citizens.
Safjan said the situation at the Polish prosecutor’s office is “very dramatic” from the point of view of the average citizen.
This is due to the rule of law that the new democratic majority has found
— assessed and pointed out that the current government does not have the tools to change this situation.
Legal mess
In short, Professor Safjan is trying to convince Poles that the fact that the Supreme Court has ruled that Dariusz Barski is the national prosecutor does not in any way undermine the fact that Dariusz Korneluk… has been legally appointed.
It is worth noting that Professor Safjan is one of the few legal authorities (even on the pro-government side) who takes this position. Another former president of the Constitutional Court, Andrzej Zoll, has a different opinion.
He admitted that Dariusz Barski should be the national prosecutor, although he does not consider this “legal”.
We are in a revolutionary time when it comes to restoring the rule of law. In light of Friday’s resolution formally, D. Barski should be the national prosecutorbut the current situation is closer to the rule of law
– he said in an interview with “Rzeczpospolita”.
Chaos at the National Public Prosecutor’s Office
The Supreme Court’s Criminal Chamber ruled that Barski’s appointment as national prosecutor in 2022 was legally effective. In the justification for the Supreme Court resolution, the chamber’s president, Zbigniew Kapiński, ruled that when Barski was removed from the position of head of the PK, there was an “instrumental use of the law.”
Barski appeared in front of the PK headquarters in ul. Progress in Warsaw with the expectation that he would be able to “assume official duties in accordance with the Supreme Court ruling.”
I am a public prosecutor and act in accordance with the law. I do my duty. If I’m not allowed in, I don’t force the gate with my head, I don’t use force.
– he told reporters before attempting to enter the building, which ended in failure.
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— Bodnar shoulder to shoulder with the “caste”. “Full cooperation” is declared. He thanked, among others, associations “Themis” and “Iustitia”.
as/PAP/Rzeczpospolita/
Source: wPolityce