Published on Sunday on the website of the National Prosecutor's Office “Position of the Deputy Prosecutor General regarding the attempt to illegally deprive the National Prosecutor of his function and occupy this position in a manner unknown to the law” This is in response to the actions of the Minister of Justice and Attorney General Adam Bodnar on Friday.
Minister Bodnar during the meeting on Friday National Prosecutor Dariush Barski He was given a document stating that he was reinstated to active duty on February 16, 2022 by the previous Prosecutor General, Zbigniew Ziobro. “in violation of the applicable regulations and did not produce legal effect”. Then the Ministry of Justice announced that the prosecutor of the National Prosecutor's Office Jacek Bilewicz became the “Acting National Prosecutor”.
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Deputy Prosecutor Generals do not agree with this development of events. On Friday, the National Prosecutor's Office announced that: Dariusz Barski is the national prosecutorand a letter from Attorney General Adam Bodnar, in which he indicates that he believes the National Prosecutor remains a retired prosecutor, does not give any legal effect.
Statement of the Deputy Prosecutor General. They do not agree with the minister
In the first sentence of their published position, they state that “the Law on the Prosecutor's Office does not provide for the institution of the “Acting National Prosecutor” and does not provide for the possibility of performing the powers and tasks. to the National Prosecutor by the person appointed as “Acting National Prosecutor”. As they further argue, “the above is primarily confirmed by the fact that the act does not specify the procedure for the appointment of an 'acting official', including the designation of the appointing authority and the means of appointment,” the statement said.
position emphasized Competences and tasks of the National Prosecutor – First Deputy Prosecutor General. It can also be carried out by another deputy of the PG authorized by him. As noted by the national prosecutor “Issues an appropriate order in this regard”. According to the position of PG deputies, “such an order has been issued and is a binding legal act.”
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“This is the order of the First Deputy Prosecutor General of the National Prosecutor No. 101/23 dated November 30, 2023 on the authority of other Deputy Prosecutor Generals to carry out their competence and tasks,” we read in the position.
As noted by the Deputy Prosecutor General, in the case of a vacancy in the position of National Prosecutor “The tasks and competencies of the national prosecutor cannot be fulfilled by the general prosecutor”That is, the Minister of Justice Adam Bodnar.
According to the deputies of the PG, Jacek Biljewicz “could not and was not appointed as the 'Acting National Prosecutor' because on the day it was supposed to happen (January 12, 2024). The “Acting National Prosecutor” institution did not exist and does not existAccording to the officials, the provisions of the law “On Public Prosecutor's Office” “do not contain any basis for temporarily entrusting the duty of national prosecutor to a person who has not been appointed to this position” and on January 12, 2024. There was no vacancy for the position of National Prosecutor.
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The position also emphasizes that the prosecutor Dariush Barski did not lose his status as a prosecutor of the National Prosecutor's Office. because “he was not released from the function according to the procedure established by the law”. As mentioned in the position, the claim that the National Prosecutor Dariusz Barski is a retired prosecutor, which means that he cannot perform the function of the National Prosecutor. “Totally unfounded.”
District Attorneys Statement
They released a statement about it on Sunday District Attorneys and Heads of the Organized Crime and Corruption Department of the National Prosecutor's Office. “Guided by the content of the prosecutor's oath and the obligation imposed by the legislature to investigate crimes and protect the rule of law, We express our strong opposition to the actions of the Minister of Justice, Attorney General Adam BodnarActions without legal basis, aimed at the illegal dismissal of National Prosecutor Dariusz Barski and the appointment of Mr. Jacek Bilewicz to a non-existent acting position,” said the statement published on the profile. National Prosecutor's Office on the X platform.
According to regional prosecutors and heads of local departments, Actions taken by Bodnar “do not have any legal effect”.
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They emphasized that the procedure for appointing and dismissing the National Prosecutor was precisely described in the Act on the Prosecutor's Office, according to which “the National Prosecutor is appointed as the First Deputy Prosecutor General and other Deputy Prosecutor Generals are appointed among them. Prosecutors of the National Prosecutor's Office and At the request of the Prosecutor General, the Prime Minister is relieved of these functions.
The authors of the statement also noted that the national prosecutor and other PG deputies He is appointed to the position after receiving the conclusion of the President of the Republic of Poland and dismisses him from the position – with his written consent.
According to them, the argument presented by Bodnar about Barski's retirement “is groundless and only represents An ineffective attempt to justify an action aimed at circumventing the law.”.
Barsky “continues to work as a national prosecutor”
The authors of the statement indicated: art. 47 Pairs of provisions 1 and 2 of the law with the introduction of the law – the law on the prosecution, which – as it was noted – “did not consider the period of its validity, and therefore there was no period of its use”. As they added, “this provision was in force from the date when Mr. National Prosecutor Dariusz Barski submitted the application”, according to Art. 47 of the said Act 1.
This article states that: “From the effective date of this law, a retired prosecutor may, at his request, return to work in the position or position he last held, and this right does not apply to retired prosecutors.” health reasons. “
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The regional prosecutors emphasized in the statement that “This provision is still validBecause it has not been repealed and has not been found inconsistent with the Constitution of the Republic of Poland.” They also noted that this provision “is not of a periodic nature and there is no date in its content on the basis of which it would be possible to determine the period of its validity.”
“The legislature has included provisions in this act that can be applied within a specific period (eg, paragraph 1 of Article 53) and since such a reservation was not introduced in Article 47, it cannot be formulated as part of the definition of the law. – it is mentioned in the statement.
According to the statement of the regional prosecutors regarding these arguments Barsky “continues to work as a national prosecutor”And the actions taken by the head of the Ministry of Justice on the mentioned issue “have no legal force and do not cause legal effect”.
