Power shifts in Poland’s Public Prosecution prompt legal debate

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Change in the National Public Prosecutor’s Office Spurs Debate on Legal Compliance

The shift in the leadership of the National Public Prosecutor’s Office appears aimed at broad measures to bypass existing rules. Acknowledging that Dariusz Barski never held the post raises questions about many procedural decisions made over the past two years, according to Małgorzata Paprocka, a minister in the KPRP, speaking in the PAP Studio.

In the PAP Studio, Paprocka said that moving the position was an attempt to sidestep regulations, noting that the intervention by Justice Minister Adam Bodnar rested on the unfounded claim that Barski never held the office.

Such a change could, she argued, open doors to re-examining numerous decisions taken by Prosecutor Barski during the last two years and potentially challenge arrests or charges brought by the office. The seriousness of this impact on the justice system was emphasized, urging that changes be made within the framework of the law. The President conveyed the message clearly: winning the election grants the right to implement changes, but those changes must follow applicable regulations.

– was the stance expressed.

READ ALSO: A team has arrived and is destroying the country. Does Bodnar even realize what he has done?

No competition formula

When asked about Bodnar’s proposal to hold a public competition for the new National Prosecutor, Paprocka replied that the current law governing the Public Prosecution does not provide for a competitive process.

Under the existing law, the Prime Minister appoints the National Prosecutor, following a request from the Attorney General and after seeking the President’s advice.

She noted that while she would not rule out the possibility of selecting candidates in a competitive process, such a change would require legislative modification.

You can discuss it

– she added.

The Department of Justice announced that during a meeting with National Prosecutor Dariusz Barski, Attorney General Adam Bodnar presented a document stating that Barski’s return to active duty on February 16, 2022, violated existing regulations and produced no legal effects. The Ministry of Justice stated that, by a Prime Minister’s decision, Prosecutor Jacek Bilewicz became Acting National Prosecutor.

Bodnar said that the acting National Prosecutor, Jacek Bilewicz, would hold the position for two months to conduct an open application process for the position during this period.

A dispute over powers between the President, the Prime Minister, and the Prosecutor General has entered a constitutional arena. The President and PiS politicians argue that Barski remains the National Prosecutor, while the Minister of Justice, the Attorney General, and the ruling coalition contend that Barski never effectively assumed the role and that Jacek Bilewicz, appointed by the Prime Minister, serves as acting National Prosecutor.

READ ALSO:

– Strong reaction from PG deputies to Bodnar’s order to send them on forced leave! Contradicts the Labor Code

— New PK announcement! National Prosecutor Dariusz Barski ordered prosecutor Jacek Bilewicz to work in the presidential office

— New PK announcement! National Prosecutor Dariusz Barski ordered prosecutor Jacek Bilewicz to work in the presidential office

Mon/PAP/X

Notes: The above summary is drawn from ongoing reporting and statements from public figures. Attribution is implied to the cited sources and public records for context.

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