A recent press conference featured a pointed statement from Jarosław Kaczyński, the leader of Law and Justice, who argued that the actions described amount to pressure aimed at Prosecutor Hernand and, it is believed, at other deputies within the Attorney General’s office, in response to a controversial post by Donald Tusk on social media.
Attempt to take over the National Public Prosecutor’s Office
On Friday, December 12, Prime Minister Donald Tusk assigned the duties of the First Deputy Attorney General of the National Prosecution Service to Prosecutor Jacek Bilewicz, who replaced Dariusz Barski as acting national prosecutor.
The Justice Department announced that Dariusz Barski remains retired and therefore unable to fulfill the role of National Prosecutor.
In response, the National Prosecutor’s Office issued a statement asserting that Dariusz Barski is the National Prosecutor, and that a letter from Attorney General Adam Bodnar dated January 12, 2024, which argues that Barski had retired and was dismissed under a non-binding provision from 2009, has no legal effect.
Deputies of Attorney General Bodnar argued that appointing Jacek Bilewicz as Acting National Prosecutor without following the Public Prosecution Act would be ineffective and that the act to appoint him conflicts with the act’s procedures.
– as stated in a message sent to PAP on Saturday.
On Saturday, Deputy Attorney General Michał Ostrowski announced plans to submit a report on a potential crime involving Head of the Ministry of Justice Adam Bodnar, Prosecutor Jacek Bilewicz, and others connected to the attempt to remove Barski from office.
In reaction, President Andrzej Duda issued a statement regarding the Prime Minister’s decision.
The claim is that Bodnar acted without independent authority to dismiss Barski, and he reportedly conveyed his decision to the bar association.
– was the president’s remark on Friday evening on a public platform.
The president argued that Bodnar’s actions without involvement of the Prime Minister and the President were a serious breach of the law and of Article 7 of the Constitution.
Action was also taken by prosecutor Robert Hernand, who ordered restricted access to the National Prosecutor’s Office for outsiders in an effort to prevent Bilewicz from assuming the position.
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Tusk about the occupiers
The failure of the attempt to illegitimately assume control of the Public Prosecution Service, along with the firm stance of the Attorney General’s deputies, seemingly angered Donald Tusk, who has been vocal in his use of social media since taking office as Prime Minister. He has openly criticized the state’s legal framework in public messages.
He warned that as Poland’s political landscape shifts, the era of what he called an occupation of state offices would end, noting that only the occupier’s reputation would linger in the public mind.
– Tusk stated in a message shared on social networks.
PiS president: An attempt to apply pressure
During a press conference, Jarosław Kaczyński, president of Law and Justice, was asked to comment on Tusk’s remarks. He described the move as pressure on Prosecutor Hernand and, it appears, on other deputies of the Attorney General. He noted that a significant portion of those involved supported the position, and he argued that the effort aimed to enable an unlawfully appointed acting official to intervene despite lacking a valid legal basis. He further asserted that Prime Minister Tusk does not recognize the existence of law or the Polish state as a whole. The reference to the state’s legal system was emphasized as a fundamental concern.
– Kaczyński stressed this during the briefing.
He also argued that in the new political reality, reforming the legal system would be necessary, potentially using special laws to address constitutional gaps, since the current constitution has proven insufficient. The view expressed was that power should be balanced to prevent actions that could destabilize government structures. It was suggested that a portion of the Polish political scene does not acknowledge the law, preferring personal will as a form of law, sometimes extending to foreign influence as well.
– Kaczyński concluded.
wkt/wPolityce.pl
Source: wPolityce