The Deputy Attorneys General argue that the bid to appoint Dariusz Korneluk as National Prosecutor is invalid, because the position is already held by Dariusz Barski. This view was published in a statement by the Association of Prosecutors Ad vocem on the X platform, reflecting the concerns of several prosecutors.
The deputies underscored that the attempt to establish a new National Prosecutor’s post should not have taken place, citing guarantees from the Constitutional Court related to a constitutional complaint filed by Dariusz Barski and the ongoing proceedings resolving jurisdictional conflicts between the President of Poland and the Council of Ministers coupled with the Prosecutor General.
One prerequisite for appointing a prosecutor to the National Prosecutor role is obtaining the opinion of the President of the Republic of Poland. However, no such opinion was issued regarding Korneluk. In a statement attributed to the President’s Chancellery, there is no doubt within the presidential center about who the National Prosecutor is, namely Dariusz Barski.
– this is as it stands, it seems.
The proposed position for Korneluk is viewed as more flawed than the situation surrounding the former Acting National Prosecutor, Jacek Bilewicz. The legal sine qua non for acting as a national prosecutor is possession of the title of Prosecutor within the National Public Prosecution Service. Bilewicz obtained this title through a procedure involving National Prosecutor Barski, a fact that was not questioned by the Attorney General at the time, yet was challenged hours later on the same day. Korneluk, by contrast, did not hold the title and could have pursued it only through a process that would involve acting authorities, raising concerns about legality.
– explained the delegates from the Prosecution General.
Barski, who has been publicly critical of Korneluk’s appointment, reaffirmed his stance as Deputy Attorney General and expressed backing for his own position as the national prosecutor.
– this is stated in the official record.
Urgent call for resolution
The signatories of the letter insist that the path out of the ongoing crisis within the Public Prosecution Service lies in restoring the unit’s legal standing. The current chaos is marked by questions about the status of prosecutors, a situation arising from a legal violation in January 2024 tied to an attempt to dismiss Barski. The authors urge rapid, law-abiding solutions that protect the interests of citizens, victims of crime, and the effectiveness of prosecutorial work, including the duties of newly appointed prosecutors and evaluators.
– as stated in the communiqué.
The declaration was signed by Deputy Attorneys General Krzysztof Sierak, Robert Hernand, Michał Ostrowski, Tomasz Janeczek, and Andrzej Pozorski.
Further reading includes discussions on Korneluk’s appointment as head of PK, reactions to the Domaradzki case, and continued debates about the Public Prosecution Service. The discourse reflects ongoing scrutiny of legal procedures and the sequence of authority within the national prosecutorial framework. The contested moves have prompted wide-ranging debate about the integrity and functioning of the service and the safeguards in place to protect due process.
Note: The conversation around this topic is part of a broader exchange on judicial appointments and the governance of the prosecutorial system in Poland, with commentators emphasizing the need for lawful procedures and clear authority.