The website DoRzeczy.pl published the entry on Saturday From the attempt to take over the National Prosecutor's Office by the Minister of Justice, Adam Bodnar. The case caused a political storm. Experts and judges noted that the action of the head of the Ministry of Justice was illegal. Bodnar MPs also protested the attack on the Prosecutor's Office at the General Prosecutor's Office. On Sunday, they issued a statement, where they point to a number of violations in the minister's actions.
Illegal actions of Bodnar
The document emphasizes that there are no provisions in the legal provisions regarding the functioning of the National Prosecutor's Office regarding the function of the acting National Prosecutor. Adam Bodnar's deputies point out in a broad analysis that there is no legal possibility of such a position. The basis for establishing such a function is provided only by the explicit provisions of the Act. For example, they cite the provisions of the Police Act, which clearly indicate the possibility of appointing the Chief of Police as Acting Commander.
“Even in the case of impossibility (including temporary) of performing the duties assigned by the national prosecutor, regardless of whether it is caused by factual circumstances or legal obstacles, there is no risk of hindering the functioning of the prosecutor's office. tasks and competences assigned to this function, because according to the clear wording of the act: “The competences and tasks of the first deputy of the Prosecutor General of the National Prosecutor may also be performed by another deputy of the Prosecutor General authorized by him. In this regard, the first deputy of the general prosecutor, the national prosecutor will issue an appropriate order,” we read.
The document also emphasizes that the dismissal of the national prosecutor is possible only with the cooperation of the president. Another issue concerns the possibility of replacing the National Prosecutor by the Prosecutor General. The authors of the statement emphasize that there is no legal possibility for this. PG cannot take over its tasks and competences from PK.