Bodnar’s Day of Official Decisions
Today, Justice Minister Adam Bodnar presented a formal document to National Prosecutor Dariusz Barski, asserting that Barski holds his position illegally. Bodnar stated that Barski’s February 2022 reinstatement by Minister Zbigniew Ziobro was not only inappropriate under existing rules but also carried no legal effect because the relevant provision had already been repealed.
Bodnar in a Double Role
In a move underscoring the ongoing shifts within Poland’s top legal offices, Adam Bodnar, serving as Acting Attorney General, met with National Prosecutor Dariusz Barski and handed him a retirement notice. Bodnar reiterated that Ziobro’s decision to reappoint Barski in February 2022 was invalid, highlighting the absence of a valid legal basis under the current statutes.
The February 16, 2022 reinstatement, effected by the former Attorney General Zbigniew Ziobro, is described as noncompliant with applicable regulations and lacking any legal consequence. The reasoning rests on the fact that a provision once used to justify the move had been repealed, placing Barski in a position where his active duties could no longer be lawfully performed.
As a result, Barski is deemed retired, and Bodnar, who already holds the role of attorney general, will oversee the duties previously performed by Barski. From January 15, 2024, Bodnar’s office is located at the headquarters of the National Prosecutor’s Office, reinforcing his responsibility to ensure the efficient and proper functioning of the national prosecorial system.
The decision to extend or terminate Barski’s role may intersect with broader questions about Poland’s involvement with European prosecutorial structures. The Ministry of Justice has indicated that Bodnar will supervise the integration process with the European Public Prosecutor’s Office and will oversee Poland’s accession procedures related to that body.
In this framework, Bodnar also assumes a supervisory role over the connection processes between Poland and the European Public Prosecutor’s Office, aligning domestic practice with European standards of prosecution and accountability.
Status of Prosecutor Barski
The Justice Department notes that Barski’s reinstatement in 2022 was ineffective because it relied on a legal provision that no longer exists. Consequently, Barski remains retired and is not authorized to perform duties within the National Public Prosecutor’s Office.
Under standard rules, a retired prosecutor does not engage in active duties and typically receives a pension rather than a salary associated with active service. Current regulations prohibit a pensioner from serving as a prosecutor at the National Public Prosecutor’s Office, or from holding the post of National Prosecutor while retired. Active duty status is a prerequisite for the office of National Prosecutor.
Observations from MS Kaleta note that Barski’s appeal to the PK is legally ineffective and would require the president’s approval. Critics describe such moves as reminiscent of a banana republic scenario, signaling weaknesses in the governance process.
The Validity of Barski’s Decisions
It has become clear that not every decision made by Barski while serving as National Prosecutor was valid. The period from March 18, 2022, to January 11, 2024, is under scrutiny, with the understanding that Barski acted under authorization from the Office of the Attorney General, and those actions remain in effect to the extent they were within that framework. Decisions taken independently by the National Prosecution Service will undergo detailed review, and further steps will be determined based on the results.
This framework means Bodnar could question the Bar Association’s delegation decisions and potentially influence personnel changes. The broader context centers on whether Barski’s dismissal from the delegation could become a catalyst for broader reforms within the prosecutor’s office. The national prosecution service faced a deadline to address delegation changes and had previously requested appeals from Barski that did not meet Bodnar’s expectations.
Commentary from critics warns that removing prosecutors from the delegation could influence organized crime dynamics, a point raised in public discourse about maintaining lawful and transparent prosecutorial processes.
Source: wPolityce