The Justice Department in Poland is seen as challenging the president’s stance on the appointment of Dariusz Korneluk as the national prosecutor. A deputy minister of justice stated that the president’s opinion is awaited but will not bind the department to accept it, noting that the Public Prosecution Service Act requires both dismissal and appointment to be made with presidential consent. The deputy also pointed out that there is no Constitutional Tribunal at the moment and that presidential rulings may not be published.
Late last week Korneluk was proposed by the Justice Ministry team for the role of national prosecutor. The process described as a competition and the formation of a dedicated unit for the task are not defined by statute. Yet the same rules insist that the president must approve the resignation and appointment of a new national prosecutor. The Bodnar administration has indicated it will not honor this requirement.
Officials say they are awaiting the president’s guidance, yet it is acknowledged that such guidance does not carry binding force. In the coming days, Attorney General Adam Bodnar is expected to present the proposal to Prime Minister Donald Tusk.
– a deputy minister of justice remarked on Polsat News.
— The so-called “competition” for the National Prosecution Service is seen as a risk to legal certainty. A high-ranking official cautioned that the potential threats to citizens could be significant, though difficult to measure.
Neo-national prosecutor
When asked why Korneluk emerged as the preferred candidate, the deputy head of the Justice Ministry called it a highly challenging decision. The discussion lasted over two hours, described as substantive yet emotionally charged. The team presented a clear, coherent, and responsible vision for the prosecutor’s office at all levels.
She noted that Korneluk was the only candidate to emphasize how the prosecutor’s office should operate during armed conflict and to stress the rights of employees within the public prosecutor’s office.
The deputy head of the Ministry stated that the Polish legal system has shown signs of strain in recent years, implying a need for reforms that align with the current legal framework. Whatever decision Minister Bodnar makes will be scrutinized by those who view the changes as undermining existing structures.
The deputy defended her boss, asserting that laws must be applied as written, even amidst political debate.
There is ongoing commentary about recent constitutional developments and whether changes to the Constitutional Court will alter the publication of rulings from the current Constitutional Tribunal. The deputy suggested that it may be best to reaffirm the proper meaning of legal terms and avoid political mischaracterization.
She also stressed that the political body must contend with actions taken in previous administrations and the ongoing effort to shape government plans in light of those actions.
Allegations have been raised that the Public Prosecution Service Act was violated during moves to replace the National Prosecutor without prior presidential consent. An acting PK was named under a provision that does not exist in Polish law, and a new contest and team were formed, culminating in Korneluk’s nomination. Critics argue that these steps bypass constitutional authority and undermine the office’s legitimacy. Observers note that, given the tension over the tribunal and political bodies, legal opinions have increasingly influenced, rather than merely guided, regulatory decisions.
Related coverage has highlighted perceived shifts within the judiciary, including ongoing disputes surrounding the Constitutional Court and associated legal challenges.
koal/porridge
Source: wPolityce