Poland’s Prosecution Office, EU Rule of Law and Leadership Changes

The National Prosecutor’s Office has acknowledged that the Deputy Attorney General sent a letter to the President of the European Commission and members of the European Parliament. The message calls for measures to safeguard the rule of law in Poland, stressing that attacks on the Public Prosecution Service threaten the democratic order, the independence of prosecutors, and the ability of the institution to function during a period of heightened international tension. The letter emphasizes that major proceedings often involve acts of sabotage and activities linked to foreign intelligence services.

The EC remains silent when the rule of law is violated

The Deputy Attorney General noted in the letter that, over recent years, representatives of the European Commission have repeatedly raised concerns about Poland’s adherence to the rule of law. Yet the Commission has, according to the letter, remained silent when these concerns are publicly violated, signaling a perceived discrepancy between stated commitments and observed actions.

The actions cited by Attorney General Adam Bodnar could affect the European Union’s economic interests, including the free movement of capital and participation in cross-border business ventures within Poland. The Public Prosecution Service in Poland prosecutes crimes that impact the EU, such as theft from the EU budget and VAT fraud involving intra-Community trade in goods and services.

— noted in the press release accompanying the letter to the EC.

The notice also stated that delegates representing the European Community and the EU executive bodies should urge appropriate measures to prevent violations of law in Poland.

Actions must be in accordance with the law

The letter’s signatories stressed that in any democratic country, governments may pursue legislative initiatives to change the structure of state bodies, but such changes must follow applicable law. The controversy surrounding moves to remove National Prosecutor Dariusz Barski from his post raises questions about compliance with the Public Prosecution Act and the required presidential consent for dismissals. The text argues that creating a temporary, acting National Prosecutor would destabilize the Public Prosecution Service and could erode the legal protections of Polish and EU residents alike, as well as national security.

The notice reiterated that an assault on a central state institution, the Public Prosecution Service, undermines the foundations of democratic rule of law and the independence of prosecutors. This could lead to chaos and disrupt the service during a time of international tensions, especially when investigations involve sabotage or foreign intelligence activity.

– referenced in the official announcement.

Proceedings and personnel moves examined

In late December, a government decision temporarily shifted duties within the National Prosecution Service, appointing another prosecutor as acting national prosecutor. The Justice Department announced that the former national prosecutor remained retired and thus unable to fulfill the office’s duties. The Public Prosecution Service later stated that the National Prosecutor could be interpreted as retired in line with certain legal provisions, maintaining that this interpretation has no bearing on the current hierarchy or ongoing proceedings.

Officials argued that appointing a new acting national prosecutor without following the statutory process would contravene the Public Prosecution Act. This position was communicated to the public and press. The deputy attorney general said that attempting to install a new acting national prosecutor without proper procedures could frustrate the work of the Public Prosecution Service and undermine public trust.

The deputy attorney general also announced plans to file a formal report regarding actions by the head of the Ministry of Justice and other officials connected with the attempt to reshape the leadership of the National Prosecutor’s Office. The presidency later issued a clarifying statement related to the sequence of events and their legal standing.

Concerns were raised about unilateral actions taken without involving the Prime Minister or the President, with critics arguing such steps may violate constitutional processes. The President weighed in on the issue, underscoring that actions must align with legal procedures and constitutional roles.

Separately, a prosecutor issued orders to restrict access to the National Prosecution Office to outsiders during this period, a move aimed at safeguarding the institution as it navigated interim leadership changes. The broader context centers on safeguarding the integrity of prosecutions and ensuring due process during a sensitive political moment.

Source: wPolityce