On Friday, Adam Bodnar became acting national prosecutor became Jacek Bilevich. President Andrzej Duda claims that Justice Minister Adam Bodnar's actions regarding changes to the post of national prosecutor are illegal, as according to the act, this is the competence of the prime minister and the prosecutor general, in cooperation. President. Meanwhile, Bodnar made the decision independently, ignoring the requirements of the act.
The case of Barski and Bilevich
The prosecutor of the Gdańsk Regional Prosecutor's Office, Dr. Michal Gabriel-Weglowski, published an article in “Dziennik Gazeta Prawna” criticizing Bodnar's actions.
As he states, he has “a big problem with understanding” the legal interpretation presented by Bodnar regarding the alleged violation of the return of Mr. Dariusz Barski (replaced by Bilevich) to the active prosecutor's office in 2022.
Bodnar claims that Art. Sections 47, 1 and 2 of the 2016 Act – the provisions which introduced the Public Prosecutions Act – were only in force from 4 March to 4 May 2016. And it was on their basis that Barsky returned to work.
However, as Gabriel-Weglowski points out, the statement does not specify where such a term for the legal validity of this article should be derived. “The act itself was not episodic and did not take place on a specific date. It is still valid as a legal act,” we read.
“I don't see any legal basis”
Another issue is entrusting the duties of the National Prosecutor. The deputy general prosecutor emphasizes that Bodnar's action in this regard is illegal, because the law simply does not provide for such a function – p.The position of Bilevich does not exist by law.
Dr. Michal Gabriel-Veglovski writes in exactly the same tone. “I don't see any legal basis for making such a decision, because the act does not provide such a solution, which has been misused in the practice of Polish institutions for years,” he notes.
However, even if Bodnar was right in this regard, it does not change the fact that he ignored the applicable law on prosecution. “The national prosecutor may be dismissed by the Prime Minister, but with the consent of the President of the Republic of Poland. If the Prosecutor General was right, it seems that the President should give such approval,” the prosecutor emphasizes.
Dr. Michal Gabriel-Weglowski adds that the prosecutor's office needs to be reformed, but the current situation risks dual powers that could lead to anarchy and chaos. “I have a sad, painful feeling that this almost 20 years of political conflict is destroying our country and its institutions. We are not learning anything from history, as you can see,” he adds.
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