PG delegates oppose forced leaves amid internal clash
The abrupt decision to place three deputy prosecutors general on leave is expected to disrupt the public prosecutor’s office’s workflow, the PG deputies warned. They noted that the furloughed prosecutors handle major cases in economic and military crime. The incident is being reported by the portal wPolityce.pl.
PG delegates resist compulsory leave
The Ministry of Justice announced that Adam Bodnar, the head of the ministry, ordered a 42 day outstanding leave period for three deputies: Michał Ostrowski, Tomasz Janeczek, and Robert Hernand, starting Thursday and running until March 15.
In the following months, additional PG deputies were to be instructed to take leave, the ministry stated.
The National Public Prosecutor’s Office reported that the PG deputies disagreed with Bodnar’s directive for their forced departure. It was noted that the employer of the PG deputies is the National Public Prosecution Service, not the Attorney General. The PG deputies reiterated that their employer is the National Public Prosecution Service, led by the National Prosecutor Dariusz Barski, and that its powers include granting leave to deputy attorneys general.
The Deputy Attorney General acknowledged that the Labor Code allows forced leave in cases of arrears from the previous year, but emphasized that this right rests with the employer only under the conditions specified in the Labor Code.
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Negative impact on the public prosecutor’s office
Previously, deputy prosecutors informed the PG about planned leave, but this did not necessarily mean the Attorney General granted it. Under the Public Prosecution Act, the Attorney General can issue orders to the deputy attorney general within a public authority’s remit, but this does not cover vacation leave, the statement notes.
The Deputy Attorney General warned that the sudden and poorly planned long-term leave of three senior officials will impair the office’s functioning. All deputies oversee crucial sections of the prosecutor’s office, the statement said.
Specifically, Michał Ostrowski oversees economic crime, including fraud involving European Union funds and cybercrime; Robert Hernand handles the office’s activities in the judicial arena, including representing the office at the Supreme Court, the Constitutional Court, and the CJEU; Tomasz Janeczek deals with crimes against the military, a role especially sensitive given regional tensions and ongoing arms acquisitions by NATO partners.
The Ministry of Justice announced on Friday that Prime Minister Donald Tusk has appointed a prosecutor from the National Prosecution Office to serve as acting First Deputy Attorney General – National Prosecutor. Jacek Bilewicz filled the post, replacing Dariusz Barski, who remains retired and unable to serve as National Prosecutor. The ministry noted that Barski’s brief return in February 2022 under a prior administration has since lapsed.
The PG deputies stress that Barski remains the National Prosecutor and that appointing Bilewicz as Acting National Prosecutor bypasses the Public Prosecution Act’s procedures, a point they criticized.
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wkt/PAP
Source: wPolityce