DoRzeczy.pl: Who is the national prosecutor today?
Marcin Warchol: Prosecutor Dariush Barski is still the national prosecutor. Nothing changes in this matter. The law clearly states in art. 14 of the Law on the Prosecutor's Office, that the written consent of the President is required for the effective dismissal of the National Prosecutor. Minister Adam Bodnar did not apply for such consent.
What is the situation in the National Prosecutor's Office after, according to Minister Bodnar, Prosecutor Barski was actually released? Do we have double the power?
This position is illegitimate. Actions taken by the Minister of Justice have no legal basis, that is, they do not have any legal effect. The law clearly states that the written approval of the President is required for the effective dismissal of the National Prosecutor. Adam Bodnar clumsily tries to evade the law.
Are you referring to the provision regarding the retired prosecutor?
The provision mentioned by Adam Bodnar, that is, Art. 47 and 1 and 2 of the law, the provisions of the introduction of the law in the prosecutor's office, do not provide for any time limit. You can access the valid and available lex systems to check that this provision is still valid. The provision was also in effect when National Prosecutor Dariusz Barski filed for retirement to active status. This provision has not been canceled by anyone, it is neither inconsistent with the Constitution nor is it a periodic provision. There is no time limit for the application of this provision. If the legislator wanted to introduce framework laws, he would have introduced them. In this regard, we also have the ruling of the Supreme Administrative Court, which reviewed and found the provisions to be legal. Therefore, Dariusz Barski continues to remain as the national prosecutor.
Or is Minister Bodnar breaking the law?
Yes, the action of Minister Bodnar is a crime. Therefore, on behalf of the PiS club, we have sent a notice about the possibility of committing the crime of abuse of power and coup d'état.
coup?
A coup, because we are dealing here with power, the overthrow of a democratic system, and physical and legal violence is visible to all. Recently, Prosecutor Barski was blackmailed by the Minister of Justice that if he did not resign, he would face professional consequences. This situation was after the martial law in Poland. The state of freedom and liberty is collapsing and as you can see, the police can chase you at any time without any reason or justification.
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