“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 accepted in violation of the current regulations and did not have legal effect, as a provision of the act was applied, which was no longer in force,” the Ministry of Justice said in a statement on Friday. The Ministry claims that “from the date of transfer of the above-mentioned position of the Prosecutor General, i.e. from January 12, 2024, Mr. Dariusz Barski retired, which makes it impossible for him to perform the function of the National Prosecutor.”
Acting National Prosecutor became Jacek Bilevich. down Decision of the Minister of Justice answered the president. “Minister Adam Bodnar is trying to remove Dariusz Barski from the post of national prosecutor, for which he does not have independent competence. He gave his “decision” on this issue to Prosecutor Barsky. There is a change in the position of the National Prosecutor. , according to the Act, is the competence of the Prime Minister and the Attorney General in cooperation with the President.” Andrzej Duda writes on the X website.
Mircha: Bodnar is right
– Here, of course, I do not agree with the President, nor with Professor Ian Zimmerman, the supervisor of his doctoral thesis, who also expressed an opinion on this issue, which is unambiguous, like all the opinions that we published on the website of the Ministry of Justice – said the Deputy Minister to TVN24 Justice Arkadyush Mircha on the air. He added that they show that Minister Bodnar is “100% right”.
– When re-retiring Prosecutor Barski, someone simply made a mistake and indicated that he would be reinstated under the provisions that introduced the new regulations – the Law on Prosecutors in 2016. These are the introductory provisions of the so-called They were only there for a short time so that they could rebuild the National Prosecutor's Office at that time. Another provision is valid today, already in the regulation itself – the Law on the Prosecutor's Office, i.e. Article 127, which regulates the return from pension, – said the Deputy Minister.
Mircha added that “if Prosecutor Barski were to return on the basis of this provision, which is in effect today, our hands would be tied.” – But someone made a mistake and used the wrong provision – said the Deputy Head of the Ministry of Justice.
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(tags translated)myrcha