The interested party itself does not agree with this interpretation of the law. Among others, President Andrzej Duda, deputy general prosecutors and regional prosecutors share a similar opinion to prosecutor Dariusz Barski.
“We are facing paralysis”
The conflict with the National Prosecutor's Office, as some may think, is not just a new version of the war at the top of the government or another legal dispute in our country.
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See also: Revolt in the Prosecutor's Office. “He was only a transmitter of documents”
Lawyers claim this A dispute over who is currently the national prosecutor could have far-reaching consequences and lead to paralysis of the prosecution, As for all citizens. Entrepreneurs are also concerned about the situation.
– The current situation may lead us to such a situation that there will be only neo-prosecutors. If we accept the understanding of the Minister of Justice, Adam Bodnar, Dariusz Barski was not a national prosecutor, and this will have consequences. Since he could not effectively be appointed to this function under the Regulations, he could not actually appoint Jacek Bilevich to the National Prosecutor's Office. And now Therefore, any of his statements regarding the promotion of a given prosecutor may be questioned – explains Prosecutor Jacek Skala, Chairman of the Professional Union of Prosecutors and Prosecutor's Office Employees in an interview with money.pl.
– This situation will affect all citizens fighting for their rights in court. The parties will have the right to question the status of the prosecutor, a This will only prolong the proceedings. It will also become the basis of appeal proceedings. Paralysis awaits us. If Dariusz Barski is not the national prosecutor, because he could not be, what can be said about his decisions so far? Their legality will be questioned Prosecutor Skala adds.
It should be noted that regarding the duration of court cases, the office will be ready in 2022. Ombudsman reports that ““You have to wait up to 2 years for the first hearing in the Warsaw District Court.”
“We are dealing with chaos”
– The legal confusion caused by the decisions of the previous government causes great uncertainty. For the lawyers themselves, this legal status is questionable. We are already dealing with chaos. And this can make the very essence of the judicial process, which is to make a decision, difficult to carry out. I imagine that in today's situation Instead of substantive hearings, we will focus on formal matters And he explained whether someone is a judge or a neo-judge, a properly appointed prosecutor, or maybe a neo-prosecutor, which will only cause the proceedings to be delayed. We will all feel the consequences – says Sławomir Krzes, Dean of the Wrocław District Bar Council, in an interview with money.pl.
Dean adds that if the status of prosecutors is called into question as a result of the current situation, he imagines a situation in which There are allegations, for example, that the indictment was filed by someone who did not have the authority to do so.
Business responds to the conflict in the prosecutor's office
“The Polish Prosecutor's Office is actively investigating crimes committed against the EU, including theft of funds from the EU budget and fraud. VATrelated to intra-public supply of goods and services” – remind the authors of the letter, adding that Adam Bodnar's actions “create a destabilizing situation for the work of the Polish Prosecutor's Office”.
– It was the prosecutor's office under Zbigniew Ziobro that blocked Poland from joining the European Prosecutor's Office. Back then, the heads of our prosecutor's office did not consider it necessary to be part of the EU institution and prosecute cross-border crimes – this is how Lukasz Bernatovic, president of the BCC employers' association, commented in an interview with Fuli.pl. on the letter sent to the European Commission.
However, he admits it Entrepreneurs look at the current situation with concern.
Matrix in the structures of the justice system and state structures
– The Polish entrepreneur has a survival gene encoded in his DNA. He was able to survive the pandemic. Polish Order and starting a war in Ukraine, but companies would certainly function better and develop if they had a favorable legal environment. Legal dualism does not make it easier for us to function. The situation is getting more and more confused. You will already get the impression that we have two Supreme Courts constitutional Court, from which only the building remains. We must remember that entrepreneurs often used this tool, the tribunal, in their cases, but now it makes absolutely no sense. Now the prosecutor's office is adding to this whole situation – says the president of SS employers' association, who notices another important problem.
Foreign investors who want to do business in our country will have to include the risk related to the legal situation in Poland in their plans, and this may lead some people to prefer to invest elsewhere. The absence of a transparent, simple legal system is definitely not in our favor – adds Lukasz Bernatovic.
– The matrix that appears in justice structures and state structures is very bad and does not serve anyone. Now we clearly see what followed the previous decisions of the previous Minister of Justice It has made the justice system extremely partisan. The result of this is what we are observing now – says Rafal Dutkiewicz, President of Polish Employers, noting that this is his opinion, not that of the whole organization.
Lack of peace and disturbed sense of security harms entrepreneurship and cool investment mood – Rafal Dutkevich claims.
– However, I have great confidence in Minister Adam Bodnar. I know him and think he is an example of enduring consistency. With this confidence, I am optimistic about his current steps, despite the very difficult situation. Of course, I do not know the scenario of the Minister of Justice, but I am sure that Adam Bodnar will gradually solve the existing problem – adds Rafal Dutkevich.
War in the prosecutor's office
We remind you that the Ministry of Justice announced on Friday that the Prime Minister assigned the duties of the first deputy general prosecutor – national prosecutor to the prosecutor of the national prosecution, Jacek Bilevich.
Bilewicz replaced Dariusz Barski as the acting national prosecutor. The Justice Ministry also said that as of Friday, Barski “remains retired, which makes it impossible for him to perform the function of national prosecutor.”
The Ministry claims that the reinstatement of Prosecutor Barski to active duty on February 16, 2022, by the then General Prosecutor Zbigniew Ziobro, was carried out using the provisions of the Act, which has long ceased to be in force.
Malvina Gava, journalist and money publisher.pl
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