Dariush Barski remains retired, which forces him to perform the function of the national prosecutor – said the head of the Ministry of Justice, Adam Bodnar. “On January 12, 2024, the Prosecutor General, Professor Adam Bodnar, during a meeting with the National Prosecutor, Mr. Dariusz Barski, handed him a document stating that he was reinstated to active duty on February 16, 2022, by the previous Prosecutor General. Mr. Zbigniew Ziobro, was adopted in violation of the applicable regulations and did not have legal effect. A provision of the Act, which was no longer in force, was used” – It is stated in the statement of the Ministry of Justice.
Shortly after that, the National Prosecutor's Office published a press conference Dariush Barski is still the national prosecutor. “The Attorney General's letter of January 12, 2024 should be seen as an attempt, without any factual legal basis, to deprive the National Prosecutor of the power to perform his functions by circumventing the statutory mechanism of dismissal.” It is mentioned in the Law “On Public Prosecutor's Office”, which requires the consent of the President of the Republic of Poland for its effectiveness.
Who is the National Prosecutor? Dr. Sofinski explains
The decision of the Minister of Justice was followed by an avalanche of comments. Dr. Michal Sopinski, rector of the Warsaw Academy of Justice, also spoke on the social network. “The question of whether the prosecutor Dariusz Barski is still a national prosecutor depends on whether the provision of the law containing art. 47 of the Act introducing the Law on Public Prosecutions was in effect when Prosecutor Barski was reinstated in active service and then appointed First Deputy Prosecutor General. This is a question related to the theory and philosophy of law – a specialty in which I wrote and defended my doctorate with honors at the University of Warsaw. So let me answer you” – explains.
Dr. Sofinski indicates that BThe legal provision containing art. Section 47 of the Law on the Introduction of the Law on the Prosecutor's Office was in effect not only when Prosecutor Barski was reinstated to active duty and then appointed as First Deputy Prosecutor General, but is effective today, January 12, 2024. “Contrary to the statement – contrary to ZTP – this is not episodic or random. Why, you may ask, is the question of validity of the law important? Well, for a lawyer, if a law is a law, it should be formally (thetically) valid. – he adds.
“Thematic validity refers to the recognition that a law (legal norm, legal provision) is valid when: 1) it is properly established in legislative provisions (i.e. by a competent authority, in accordance with the relevant legal procedure, in the appropriate form) or in accordance with the logical rules of legal inference derived from other norms ; 2) officially announced (published); 3) does not contain contradictions, and if they appear, they are removed using the conflict rules. Only those norms whose contradictions have not been eliminated are not valid; 4) is not invalidated by derogation provisions or otherwise; 5) was not found inconsistent with the Constitution of the Republic of Poland or other higher-level acts of the Constitutional Tribunal. None of these negative preconditions are found in the context of art. 47 of the Law on Introduction of the Law “On Public Prosecutor's Office”, which means that Mr. Dariusz Barski is still the national prosecutor. – emphasizes Dr. Michal Sopinski.
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The National Prosecutor was deprived of his functions. “This is a violation of the law”