“Min. A. Bodnar is trying to remove D. Barski from the post of national prosecutor. for which he does not have independent competencesAndrzej Duda writes on X's (former Twitter) profile.
“Regarding this matter, he sent his “decision” to the prosecutor of lawyers. Changing the position of the National Prosecutor, according to the law, is the competence of the Prime Minister and the Prosecutor General in cooperation with the President. A. Bodnar's action is without the participation of the Prime Minister and the President Another gross violation of the law (Act and Article 7 of the Constitution)”, he said.
The president's reaction was in response to Friday's actions by the Justice Department, which announced that the attorney general had provided the national prosecutor with a document confirming his retirement.
Decision regarding the National Prosecutor. Dariusz Barski retires
The Ministry of Justice reported that Prosecutor General Adam Bodnar handed over a document to National Prosecutor Dariusz Barski stating that his reinstatement was completed on February 16, 2022 by the previous Prosecutor General Zbigniew Ziobro.in violation of the applicable regulations and did not produce any legal effect“.
look: Urgent announcement from the Ministry of Justice. We are talking about the national prosecutor
Therefore, the Ministry of Justice stated that “As of January 12, 2024, Mr. Dariusz Barski retiredwhich causes him to be unable to function as a national prosecutor.
The statement said that the decision was made after that.Analysis of the actual and legal situation carried out at the internal level in the Ministry of Justice“and” legal conclusions obtained from outside recognized experts and legal bodies.” This – as the Ministry informed – shows that the actions taken by Zbigniew Ziobro were carried out “without proper legal basis and without any effect”.
He was appointed instead Jacek Bilevich.
Activities of Adam Bodnar. The National Prosecutor responded to this
However, the General Prosecutor's Office commented on the matter and decided that Dariusz Barski was still the national prosecutor. According to him, the letter of the Prosecutor General Adam Bodnar “does not have any legal effect”.
look: Adam Bodnar: This is not an office that raises any suspicions
Letter of the Prosecutor General dated January 12, 2024. It should be seen as an attempt, without any real legal basis, to deprive the National Prosecutor of the ability to perform his functions by circumventing the legal mechanism of his dismissal. It is specified in the Law “On the Public Prosecutor's Office”, which requires the consent of the President of the Republic of Poland for its effectiveness”, – noted in the statement of the National Prosecutor's Office, which was published on the X platform profile.
According to the National Prosecutor's Office, Adam Bodnar's letter “There is no decision that can have legal effect“, but only his “own interpretation of the law”. The statement noted that the prosecutor's office opposes “attempts to circumvent legal regulations”.
