Authorities act in accordance with the law. At issue is an effort to create a new position titled acting National Prosecutor, a role not provided for by the Public Prosecution Service Act. The regulations do not authorize such a post, which means the Prime Minister cannot appoint anyone to it. This point was stressed during a press conference by the PiS president, who highlighted Adam Bodnar’s attempt to take control of the Public Prosecutor’s Office.
The Attorney General cannot assume powers reserved for the National Prosecutor. The procedure currently in question appears illegal and has sparked confusion and concern. The unrest is compounded by the dismissal plan affecting 144 prosecutors, whose ongoing investigations and actions are viewed with suspicion by the government. Reports describe a sequence where Prosecutor Barski was reportedly asked to appoint Mr. Bilewicz as acting National Prosecutor, only to learn shortly after that Barski himself had not held the post since retirement. This situation is cited as evidence of leadership shortcomings within the current government as it governs a major European nation.
— the PiS president noted.
Questions have been raised about the scope and basis for any such moves, including what studies or prior actions are being considered, and whether only post-December 13, 2023 events are relevant or if earlier activities also factor in. Critics describe this as another controversy involving potential law violations driven by a desire to resolve certain issues, coupled with a lack of legal understanding and what some describe as inflexibility in approach.
— Kaczyński emphasized.
Attempt to take over the National Public Prosecutor’s Office
On Friday, December 12, Prime Minister Donald Tusk reportedly entrusted the duties of the First Deputy Attorney General of the National Prosecution Service to Prosecutor Jacek Bilewicz. He succeeded Dariusz Barski as acting national prosecutor. The Justice Department stated that Dariusz Barski remains retired, which would prevent him from fulfilling the position.
The National Prosecutor’s Office issued a statement arguing that the National Prosecutor is Dariusz Barski, while a letter from Attorney General Adam Bodnar dated January 12, 2024 argued that Barski, as a retired prosecutor who had been dismissed under a non-binding law, has no legal effect.
The deputies of Attorney General Bodnar argued that it is ineffective to appoint Jacek Bilewicz as Acting National Prosecutor without following the Public Prosecution Act procedure, noting that such a function is not provided for in the act.
— a deputy attorney general said in a statement to the press.
On Saturday, Deputy Attorney General Michał Ostrowski announced a forthcoming report regarding actions by the head of the Ministry of Justice, Adam Bodnar, prosecutor Jacek Bilewicz, and others connected with the attempted change at the National Prosecutor’s Office, which would involve seeking the dismissal of Dariusz Barski.
In response to the Prime Minister’s decision, President Andrzej Duda issued a statement.
There is concern that Bodnar acted without the Prime Minister’s or the President’s involvement, which some view as a significant legal misstep.
— wrote the President on a social platform.
The President described Bodnar’s action as a serious violation of the law and of constitutional provisions.
Further actions were taken by prosecutor Robert Hernand, who issued an order restricting access to the National Prosecutor’s Office to outsiders, a move intended to prevent Jacek Bilewicz from assuming the post.
READ ALSO:
— A notable move by the Deputy Attorney General: Robert Hernand restricted access to the PK for outsiders
— Tusk and Bodnar face questions from judges under the banner of legal grounds for appointing Bilewicz as Acting National Prosecutor
— Tusk vs. Bodnar and the controversy around the PK flows and statements during a short time window
wkt
Source: wPolityce