The Minister of Justice, Attorney General Adam Bodnar announced a competition for the position of national prosecutor and appointed a special ten-person team to evaluate the candidates, the Ministry of Justice announced.
Ministry of Justice announced in the announcement regarding the competition published on Friday that “a candidate for the position of National Prosecutor must: have at least 15 years of experience in an independent prosecutor’s position, present in writing: his professional path, including information on disciplinary proceedings conducted or completed against him, and present the concept of functioning of the prosecutor’s office.
It was added that each person applying for this position “must present a list of support for his candidacy, signed by at least 50 prosecutors in active service or prosecutor’s office assessors.”
A special team will evaluate the applications
As stated in the ministry’s announcement, the candidates will be assessed by a person appointed by the minister Adam Bodnar a special nine-piece band. It was indicated that it would be headed by Maria Ejchart, deputy minister of justice. “The composition will include: two – indicated by Minister Bodnar – social advisors, two representatives of the National Council of Prosecutors, two – indicated by the minister – specialists in the field of legal sciences and one person each designated by the Supreme Bar Council and the National Chamber of Legal Advisors” – added .
The application deadline is February 16, 2024. The Ministry of Justice announced that “the list of those qualified to participate in the competition will be published in the Public Information Bulletin no later than February 21, 2024.”
The next day, job interviews will be held and, as we read in the ministry’s announcement, they will be public.
“Candidates will be obliged to present their concept of the functioning of the prosecutor’s office in terms of safeguarding the rule of law, including the effective implementation of the criminal prosecution function. They will also answer questions from team members who will make a substantive assessment of the candidates’ qualifications and select the person with the highest competences,” the Ministry of Justice said.
The case of Dariusz Barski
January 12 Prime Minister Donald Tusk entrusted the duties of the national prosecutor to Jacek Bilewicz. The Ministry of Justice informed then that Minister Adam Bodnar, during a meeting with the person performing this function at the time Zbigniew Ziobro Prosecutor Dariusz Barski handed him a document stating that his reinstatement to active service on February 16, 2022 by Ziobro “was made in violation of applicable regulations and did not produce legal effects.”
As the Ministry of Justice then emphasized, “as a result, from the date of transfer of the above position of the Prosecutor General, i.e. from January 12, 2024, Dariusz Barski remains retired, which makes him unable to perform the function of the National Prosecutor.”
Concreting of the prosecutor’s office
Dariusz Barski is called the gray eminence of PiS by commentators on the political scene. He is a trusted person of former Minister of Justice Zbigniew Ziobro. He is also associated with it socially. As recalled by the former national prosecutor and former boss Ministry of Interior and Administration Janusz Kaczmarek, Barski was a witness at Ziobro’s wedding.
As a national prosecutor even before the last elections parliamentary powers, he gained extensive powers.
– When it turned out that the election was going to be lost, it was decided that the prosecutor general should be deprived of all powers to do anything and these powers were transferred to the national prosecutor – commented former Minister of Justice, Prof., on TVN24. Zbigniew Ćwiąkalski. – Of course it is unconstitutional – he added.
Prof. Maciej Gutowski from the University of Adam Mickiewicz in Poznań explained that after the changes introduced by PiS, the national prosecutor cannot be dismissed because the president’s consent is required. – At the end of the government, a system was built to provide a lonely island that the new government would not be able to recall – he added.
Main photo source: PAP/Piotr Nowak