Prosecutor Michał Ostrowski, Deputy Prosecutor General, spoke on Telewizja wPolsce24 about a controversy involving the Prosecutor General of Rhineland-Palatinate, Harald Kruse, who received the Medal of Merit for the Public Prosecutor’s Office of the Republic of Poland. Ostrowski described the move as servility on Bodnar’s part, noting it had no precedent and raising questions about Kruse’s role and the broader ties between politics and the law. Prosecutor Robert Hernand also addressed developments at the Supreme Court and the ongoing cases involving Dariusz Barski, who remains a National Prosecutor in active proceedings with no formal declaration that his appointment is invalid. Guest editor Wojciech Biedroń contributed to the discussion on the situation.
What happened at the Supreme Court?
The Supreme Court declined to issue a ruling on the legality of the elections of Jacek Bilewicz and Dariusz Korneluk. Bilewicz claimed to be acting National Prosecutor, while Korneluk continued to see himself in that role. The Court stated the matter did not fall within the criminal court’s remit.
Ostrowski noted that Bodnar’s standing remained intact despite the dispute.
On the Court’s actions, Ostrowski argued that the court did not wash its hands; it simply refrained from issuing a resolution. Korneluk had hoped for a decision under a different composition that would determine who would hold the title of National Prosecutor, yet no such ruling exists and the court did not proceed further.
The only formal resolution cited was the September 27 decree this year establishing Barski’s status and stating that the retirement provisions under which he returned remain in force.
The dispute is not limited to Bilewicz and Korneluk, as Ostrowski noted that regional and district prosecutors were appointed in ways that violated the law, producing no legal effect for those appointments.
Prosecutor Robert Hernand also commented on what happened at the Supreme Court. Editor Wojciech Biedroń asked why judges Michał Laskowski and Jarosław Matras did not recuse themselves from the case. Only one recusal request came from the spokesperson for the interests group; other points involved statements by social representatives asking the judge to take action. The court did not accept the filing as properly submitted, and the minutes did not include grounds to exclude the judges. Specific remarks about Judge Laskowski’s statements and his involvement with the Codification Committee were noted by the deputy PG.
These rulings referenced the Supreme Court’s case law from 2022 and 2023, Ostrowski added. The interviewer recalled a televised moment in which Judge Laskowski was said to have mocked Prosecutor Barski; the court did not share that view. The decision at the Supreme Court came after extensive media discussion preceding the panel.
The jury declined to adopt a resolution, stating that the issue fell under Administrative Court jurisdiction. The presiding judge indicated that until the act appointing lawyer Jacek Bilewicz to perform the duties of the PK is declared invalid, the appointment remains valid. The upshot is that Barski’s appointment has not been invalidated and the case continues.
There cannot be two National Prosecutors at the same time, Hernand stressed.
Bodnar’s Servilism
Ostrowski also commented on the incident in which the Prosecutor General of Rhineland-Palatinate, Harald Kruse, was awarded the Medal of Merit for the Public Prosecutor’s Office of the Republic of Poland. He called the move servility on Bodnar’s part and described it as unprecedented, noting that the decision involved a foreign official receiving a Polish medal tied to the justice system. Ostrowski contended that Kruse came to Poland to obtain information from prosecutors and judges without meeting with the Justice Ministry or the leadership of the Public Prosecutor’s Office, and that the medal was justified on the basis of Germany’s cooperation rather than any clear link to the Polish rule of law. He argued that the information Kruse obtained was one-sided and unverified.
The discussion also touched on how the visit and its framing affected public perception of Poland’s legal institutions and the role of foreign officials within the EU arena.