In fact, there is no dispute over competences between the above-mentioned bodies. Neither the president nor the Prime Minister participate in the procedure used by Minister Adam Bodnar – explained Dr. Hab. on TVN24. Anna Rakowska the situation regarding the filling of the position of National Prosecutor. President Andrzej Duda submitted a request to the Constitutional Tribunal to resolve the competence dispute between the president, the prime minister and the Prosecutor General. This is the case of Dariusz Barski. According to the president, there was an “illegal removal of the National Prosecutor”.
Adam Bodnar will be a guest of “Fakty po Faktach” today at 7.30 p.m. on TVN24.
The guest of the “Tak jest” program on TVN24 was Dr. hab. Anna Rakowska from the Faculty of Law and Administration of the University of Lodz. This was, among other things, her opinion Ministry of Justicewhen it indicated the appointment of prosecutor Dariusz Barski by Zbigniew Ziobro without a proper legal basis.
President Andrzej Duda submitted to the Constitutional Tribunal a request to “resolve the dispute over competences between the President of the Republic of Poland and the Prime Minister and the Prosecutor General,” the presidential office announced. It was written that this was related to “an attempt to illegally remove Dariusz Barski from the position of National Prosecutor and an illegal attempt to appoint a new acting National Prosecutor.” Meanwhile, on the website of the National Prosecutor’s Office, which still includes people appointed by Zbigniew Ziobro, a message appeared regarding the decision of the Constitutional Tribunal, which on Monday afternoon “issued an interim decision” regarding this case.
Ph.D. Rakowska: there is no dispute over competences
According to Dr. Hab. Anna Rakowska, a lecturer at the Faculty of Law and Administration of the University of Łódź, there was no dispute over competences. – In fact, there is no dispute over competences between the above-mentioned bodies (the President, the Prime Minister and the Prosecutor General – ed.) Neither the president nor the Prime Minister participate in the procedure used by the minister, Prosecutor General Adam Bodnar. In particular, there is no dispute over competences, no doubts as to the scope of competences between the Prosecutor General and the President – said Dr. Hab. Rakowska.
– In my opinion, this motion to resolve the competence dispute has no subject, there is not much to resolve – she added.
“Interim decision” of the Constitutional Tribunal. “I wonder about the lightning speed”
On Monday, the website of the National Prosecutor’s Office – whose prosecutors were appointed under Ziobro – published information that Constitutional Court – who is accused of politicization and of appointing the so-called judge-understudies – on that day he “issued an interim decision in which he decided to order the Prosecutor General and all public authorities to refrain from any actions that would prevent Dariusz Barski from exercising the powers, tasks and competences of an active prosecutor of the National Prosecutor’s Office and from performing the function of the National Prosecutor, including refraining from implementing and executing the provisions of the letter of the Prosecutor General of January 12, 2024.
Ph.D. Rakowska said that the interim decision was issued in proceedings initiated by Dariusz Barski himself. – First of all, the rapid speed of action of the Constitutional Tribunal is very surprising. From what I have read, this interim decision was issued in proceedings initiated by Prosecutor Barski himself. He filed a constitutional complaint. A constitutional complaint is a measure that each of us can submit to the Constitutional Tribunal if we find that our constitutional rights have been violated and the domestic court route has been exhausted, she said.
According to TVN24’s interlocutor, “Dariusz Barski was reinstated as an active prosecutor without a legal basis. In 2022, Minister Zbigniew Ziobro, when he issued the act on the reinstatement of Prosecutor Barski from retirement (…) invoked Article 47 of the Act, which is titled: provisions introducing the law on the prosecutor’s office. As the name suggests, these introductory provisions are intended to bring an act into force, to cause a change in our reality in the functioning of state bodies or other bodies that will allow the application of the provisions of another main act,’ she explained.
Dispute over activities related to Dariusz Barski
On Friday, the Ministry of Justice announced that the reinstatement of prosecutor Dariusz Barski to active service in 2022 was made without a legal basis. “A provision of the act was applied that was no longer in force,” the information provided by the ministry stated.
Therefore, as reported by the Ministry of Justice, he has been retired since January 12 and does not perform the function of the National Prosecutor. The ministry announced that Jacek Bilewicz has become the acting National Prosecutor.
Meanwhile, there are still many people in the PK appointed by the previous Prosecutor General and the head of the Ministry of Justice, Zbigniew Ziobro. His people are also Bodnar’s deputies and oppose the authorities appointed by the new government. It was they who sent a letter to Brussels regarding Barski, appealing for “taking actions to prevent violations of Polish law.”
Main photo source: TVN24