But it should have been different…
dOnald Tusk introduced a certain Adam Bodnar, who currently works as a liquidator of the Polish justice system:
– Adam Bodnar, as a person, is one of the guarantors here in Brussels, not only in Poland, that the rule of law has recently returned to Poland. Together with Minister Bodnar, we also prepared certain documents, which, of course, will not replace laws, but very precisely define our intentions, including legislative ones.. (…)
We in Poland, and this is one of the miracles on October 15, de facto restored the rule of law as an accepted and respected idea in a few days, even before we changed the laws.
https://polskieradio24.pl/5/1223/artykul/3299674,sprawa-kpo-donald-tusk-…
Tusk forgot to add that this is about the law as he and his son understand it.
The echoes of the circular letter that Bodnar (Bodnarenko?) wanted to send to the courts throughout Poland, in which, following the example of Comrade Kim Il-sung, he gave “instructions on the spot” still lingered. Trying to disenfranchise a few judges he deemed illegal, and we have another flower.
This time, Bodnar decided to “extinguish” the national prosecutor Dariusz Barsky. The reason was the alleged continuous presence of the above. On retirement, which automatically made it impossible to hold office.
The “guarantor” Żondauff Praffa simply stated that the act of January 28, 2016 Provisions for the introduction of the law – Law on the Prosecutor's Office It is episodic in nature, and at the time when Barsky announced his return to the prosecutor's office, it was simply no longer valid.
It is stated in the “statement” published on the website of the Ministry of Justice.
On January 12, 2024, the General Prosecutor, Prof. During a meeting with the National Prosecutor, Mr. Dariusz Barski, Adam Bodnar handed him a document stating that his reinstatement to active duty on February 16, 2022 by the previous Prosecutor General, Mr. Zbigniew Ziobro, was carried out in violation of current regulations. did not produce legal effect. This was because a provision of the law which was no longer valid was used.
(…)
The analysis of the legal provisions and their interpretation based on the available interpretation rules clearly indicates that the reinstatement of the prosecutor Dariusz Barski to active duty by the Prosecutor General Zbigniew Ziobro on February 16, 2022 was carried out in violation of the applicable provisions. That is, by using the no longer valid provisions of the Act (ie Act of January 28, 2016, Introductory Provisions – Law on the Prosecutor's Office). Therefore, Zbigniew Ziobro's action did not have any legal effect, that is, it did not actually restore Mr. Dariusz Barski to active service. The provision of the article referred to as the legal basis. 47 § 1 and 2 of the PWPoP were incidental, temporary and included in the Act introducing new provisions on prosecution. This provision, in fact, only allowed for the use of its benefits Within two months of its entry into force in 2016, precisely only in the period from March 4, 2016 to May 4, 2016. Therefore, it is impossible to recognize the validity of the decision made in accordance with the above-mentioned provision of the Prosecutor General on February 16, 2022, that is, almost 6 years after its expiration.
withLet's see where virtually every attorney goes who wants to determine whether a given statute is valid but doesn't have access to LEX.
This is the so-called Online system of legal acts It is governed by the Sejm of the Republic of Poland.
at the same address https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20160000178 We read that despite the minister's sensational conclusions, the act is still in force.
It will be difficult to say otherwise, because in art. 54 § 2 is planned to be determined National Council of Prosecutors under the Prosecutor GeneralAn institution still in operation today.
Moreover, almost half of the text contains amendments to a number of acts, including the Act of 1 December 1961 on Maritime Chambers, the Act of 21 November 1967 on the General Obligation to Protect the Republic of Poland, the Act of 6 June. , 1997. – Code of Criminal Procedure, Act of 25 June 1997 on Crown Witness, Act of 18 December 1998 on Court and Prosecution Officers, Act of 18 December 1998 on Institute of National Remembrance – Prosecution Commission. Crimes against the Polish Nation, Act of 10 September 1999 – Fiscal Criminal Code, Act of 23 September 1999 on the rules for the presence of foreign troops in the territory of the Republic of Poland and the rules for their movement through this territory. The Law of December 23, 1999 on the formation of remuneration in the field of the state budget and the amendment of certain acts, the Act of October 26, 2000 on the Commodity Exchange, the Act of August 24, 2001 – the code of conduct for minor offenses. The Act of 24 August 2001 on Military Police and Military Law Enforcement, the Act of 11 September 2003 on the Military Service of Professional Soldiers, the Act of 17 June 2004 on Complaints for Violations of the Right of Parties to Proceedings. Heard during preparatory proceedings conducted or supervised by the prosecutor and trials, without undue delay Act of 13 July 2006 on passport documents Act of 18 October 2006 on disclosure of information on documents of state security bodies 1944-1990. and the contents of these documents, the Act of 23 January 2009 on the National School Court and Prosecutor's Office, the Act of 9 October 2009 on Military Discipline, the Act of 20 January 2011 on the Fiscal Liability of Public Officials. Violation of the law, the Act of 12 May 2011 on the National Council of the Judiciary, the Act of 25 June 2015 on the Constitutional Tribunal and the Act of 10 July 2015 added to the Act – Civil Code, Act – Code. Civil procedure and separate other acts.
If in fact the act was only to be in force for two months (as Lysolec envisioned and Rudy happily applauded), this would mean a return to the wording of the aforementioned act. Set to previous voice… on May 5, 2016.
Also on the same day National Council of Prosecutors under the Prosecutor General Operations would have to be stopped.
Łysol hopes for widespread ignorance of the law. Unfortunately, he knows what he's doing. Here is a legal advisor from Warsaw writing on a certain website about Bodnar's latest idea:
As a rule, the introductory act aims – as the name suggests – to introduce the act and de facto cease its operation.
It's hard to even start a discussion with a man who clearly has a degree for butter and eggsAs they maliciously said about the ignorant wrapped in a toga.
Suffice it to note that the provisions of the Act of 23 April 1964 are still in force – Provisions for the introduction of the Civil Code.
It seems clear that Bodnar wants to turn the prosecutor's office into an obedient tool of Rudy.
Since the violation of the law is so masterful (see: Sienkiewicz's drunkenness) that individual prosecutors initiate criminal proceedings, this process must be stopped.
However, in retaliation, initiate and bring to court cases against individual members of the United Right, independent bloggers, journalists, etc. at all costs.
This is how Tusk's, or rather, his Euro-left principals' plan to “restore legal rule” in Poland looks clearer and clearer. Society should simply be “grabbed by the throat” and forcefully brought to a state like in Germany not long ago.
It is not surprising that under such circumstances, Bodnar was suspected of committing a crime.
Deputy Prosecutor General Michal Ostrovsky It directly mentions Bodnar's action An unsuccessful attempt to circumvent the provisions of the Law on Public Prosecutions.
And that's why it does the math.
Of course, the bald senator will hide behind immunity, although many lawyers say he lost it during his time as a prosecutor.
However, everything seems to indicate that this is just the beginning of chaos.
The “Rule of Law” as they understand it has not yet returned everywhere…
13/01/2024
Ps. The statement of Vice Bodnar Arkadyush Mircea, who is probably a law graduate, testifies to who is ruling us.
Adam Bodnar stated that the national prosecutor Dariusz Barski no longer fulfills his function. He cited legal considerations, according to which Zbigniew Ziobro's former employee should not have been hired in the first place. Arkadyush Mircha presented a similar interpretation on TVN24.
– Just Someone, retired prosecutor Barsky, made a mistake This indicates that it will be reinstated under the provisions that introduced the new regulations – the Public Prosecutions Act 2016. is called Introductory Provisions. They were only there for a minutein order to be able to reform the National Prosecutor's Office at that time. Today, another regulation appliesAlready in the regulation itself – the Law on the Prosecutor's Office, this is Article 127, which regulates the return to pension – said the Deputy Minister of Justice.
https://wydarzenia.interia.pl/kraj/news-dwuglos-w-spraw-powiedz-w-prokur…
The provision that Myrcha refers to applies to prosecutors who are… 65 years of age or older and have retired as prosecutors. Mircea seems to think Poles are idiots; Of course, it is possible that he himself is infinitely stupid, but I doubt it.