On Monday National Prosecutor's Office issued a statement in which – contrary to the decision of the Minister of Justice and General Prosecutor Adam Bodnar – he declares that he is still in the position of the National Prosecutor. Dariusz Barsky.
However, as has been said, in his absence”Prosecutors carry out and carry out only the orders and instructions of other Deputy Attorney Generals mentioned in the order. Among them Krzysztof Sierak, Michal Ostrowski, Robert Hernand and Beata Marczak.
According to the Ministry of Justice, this is Jacek Bilevich There is an “Acting National Prosecutor”, but the Deputy Prosecutors General believe that such a position does not exist. In the statement, they pointed out that it was “an attempt to illegally deprive the function of the national prosecutor and occupy this position in a manner unknown to the law.”
Bodnar demands an investigation on Hernand
On the other hand, a few minutes later, information about the activities of the Prosecutor General appeared on the website of the Ministry of Justice. Adam Bodnar applied for the initiation of explanatory proceedings Robert Hernand “Regarding undermining the dignity of the prosecutor's office”.
“Attorney General Adam Bodnar is requesting an explanation from Attorney General Disciplinary Spokesman Marek Wojniak regarding the defamation of the prosecutor's office against Deputy Attorney General Robert Hernand,” the statement said.
However, it was emphasized that the explanation can last for a maximum of 30 days. During this time, “the disciplinary ombudsman determines the circumstances and receives the prosecutor's statement (the case relates to) or his written statement”, and then the ombudsman decides whether to initiate a case or not. Disciplinary proceedings.
According to Attorney General Hernand “Infringement of the dignity of the Prosecutor's Office” on January 12 at the headquarters of the National Prosecutor's Office. He then recorded the conversation with Bodnar on his phone, without his consent, and then gave the recording to a certain person who shared it on the Internet.
This is not the end of the chaos. Earlier, at 9:00 a.m. on Monday, a statement from the National Prosecutor's Office appeared, in which we read that the Deputy Prosecutor Generals “sent a letter to the President of the European Commission and the European Parliament to take measures to prevent violations of Polish law.”
“In recent years, representatives of the European Commission have repeatedly drawn attention to issues related to the protection of the rule of law in Poland, but – as they emphasized – the Commission remains silent when the rule of law is clearly violated.”
According to the authors of the letter, “the actions of the Prosecutor General Adam Bodnar may endanger the economic interests of the European Union, which are related to the principle of free movement of capital between the EU countries, as well as the important involvement of the EU countries.” Economic initiatives in Poland”.
“Polish prosecutors are actively pursuing crimes against the EU, including theft of funds from the EU budget and VAT fraud related to the domestic supply of goods and services.” The Deputy Prosecutor General addressed the representatives of the European Union. The societies of the European Community and the executive bodies of the European Union should take appropriate measures to prevent violations of legal provisions in Poland,” it was decided.
The letter also states that “Deputy Attorney Generals emphasized that in all democracies the government has the right to implement legislative initiatives to change the form and composition of state bodies, but this must be done in accordance with current legislation.”
“The actions taken by the Minister of Justice, Prosecutor General Adam Bodnar, which represent an attempt to remove National Prosecutor Dariusz Barski from the post of First Deputy Prosecutor General, are against the provisions of the law – Article 14, paragraph 1 of the law.” About the Prosecutor's Office, which envisages the approval of the President of the Republic of Poland on the removal from the position of the National Prosecutor and his replacement “The non-existent normative function of the “duty of the National Prosecutor” creates destabilization in the work of the Prosecutor's Office. office in Poland,” the statement said.
The National Prosecutor's Office then quoted the opinion of the Deputy Prosecutors General, according to which “such an action may significantly reduce the level of legal protection of Polish citizens living in the EU, EU citizens living in the territory of the Republic of Poland. as well as the level of internal security of the country and its citizens”.
The deputy general prosecutor emphasized that the attack on one of the most important institutions of the state, the prosecutor's office, undermines the foundations of the democratic state of law and the independence of prosecutors, causes chaos and hinders its functioning. “The institution is in a period of tense international situation, when subversive activities and the activities of foreign intelligence services are an important subject of production,” the statement said.
