A deputy justice minister, Arkadiusz Myrcha, stated on Saturday that someone misread the reinstatement of prosecutor Dariusz Barski by suggesting a return would occur under provisions that had introduced new regulations.
On the previous day, the Justice Department announced that Barski’s 2022 return to active duty lacked a solid legal basis. The ministry explained that as of January 12 of this year, Barski no longer meets the requirements for a National Prosecutor and has not held that position since the previous Friday.
Myrcha: Someone used the wrong rulebook
The issue, he explained, lies in the retirement reinstatement for Prosecutor Barski. The return was framed under provisions associated with the Prosecutors Act of 2016, the so-called introductory provisions that were intended to reshape the former National Public Prosecutor’s Office. Today, a different framework governs, namely the Public Prosecution Service Act. Article 127 now regulates the resumption of retirement, Myrcha noted on TVN24.
He added that if Barski were to return under the current rule, the government would be bound in ways that could complicate the situation.
According to Myrcha, the error was a misapplication of the provisions that no longer apply.
Barski’s decisions remain in effect, according to the deputy minister
When asked whether Barski had acknowledged the letter from the Attorney General, Myrcha replied that, to his knowledge, Barski did take note of it.
Asked whether Barski’s decisions hold validity, the deputy minister responded that they are still in effect.
Dispute: Ministry of Justice versus the National Public Prosecution Service
The ministry also announced that Jacek Bilewicz, a prosecutor at the National Public Prosecutor’s Office, has become acting National Prosecutor. The National Prosecutor’s Office contends that Barski remains the National Prosecutor, while Bodnar’s letter indicating otherwise has no legal consequences, according to the office. In a statement to PAP, the deputy attorney general said that appointing Bilewicz to the post of Acting National Prosecutor, bypassing the Public Prosecution Act’s procedures, is ineffective.
Deputy Minister Myrcha’s remarks reveal growing confusion in the administration, a tension echoed by critics who recently questioned leadership actions and the consistency of the legal framework under discussion. The broader political atmosphere has become entangled with slogans about the rule of law, often accompanied by criticism of procedures and outcomes.
[Citation: wPolityce]