After his meeting with Prime Minister Donald Tusk, President Andrzej Duda said that he “appealed to restore the lawful situation” in the National Prosecutor’s Office. According to the president, “the law was broken” and “we cannot talk about the effective removal of the national prosecutor from his position.” Politicians from the ruling coalition comment on the matter differently. – There was no effective appointment in this matter, so it is difficult to make any appeal – said Michał Szczerba from the Civic Coalition, adding at the same time that “the president has become a conservator of the arrangements in PiS.” Anita Kucharska-Dziedzic from Nowa Lewica pointed out that “due to an incorrect appointment (…) Mr. Barski is simply not a prosecutor.” – The Minister of Justice is brutally violating the constitution – says Zbigniew Kuźmiuk (PiS).
On Monday morning, the president Andrzej Duda met with the Prime Minister Donald Tusk. In a statement delivered after the meeting, the president said that the conversation concerned “two fundamental issues” – the situation in the National Prosecutor’s Office and the case Mariusz Kamiński and Maciej Wąsik.
President Duda said that in the case of the National Prosecutor’s Office, he “appealed to the Prime Minister to restore the situation in accordance with the law.” – Not only with the act, but also with the constitution, because we both have our own competences. The Prosecutor General should ask him to dismiss the National Prosecutor, and the Prime Minister should ask me for my consent, he explained.
According to the president, “the law was broken” and “we cannot talk about the effective removal of the national prosecutor from his position.” – I asked the Prime Minister to restore order in this area and talk to Minister Adam Bodnar about it. What we are observing is not serious, he said.
– My position on this issue is clear: please stop trying to violate the law, all actions in this area are legally ineffective – said the president.
Szczerba: the president has become a conservator of the arrangements in PiS
– There was no effective appointment in this case, so it is difficult to have any appeal. There was simply a vacancy. Prosecutor Barski is retired. The Prime Minister appointed the acting national prosecutor, Prosecutor Bilewicz, to this function. This is a known procedure, which was also used by Jarosław Kaczyński in 2007 – said Szczerba.
– We intend to separate the functions of minister and prosecutor general. This will be a test for Andrzej Duda whether he really wants an independent prosecutor’s office, independent of the government and the president, or whether he wants to consolidate the arrangements. The president has become the preserver of the arrangements in PiS – said the KO politician.
The MP referred to the words of the president, who said that recognizing that Dariusz Barski is retired may lead to legal chaos. – Of course, the retired National Prosecutor made decisions formally, but with the authorization of the Prosecutor General, so all these decisions are important. However, an in-depth analysis of his appointment clearly showed that the wrong legal basis was used in this case, which did not exist, so the appointment is ineffective. This was confirmed by Professor Zimmermann, the supervisor of Andrzej Duda’s doctoral thesis, said Szczerba.
Kucharska-Dziedzic: every time someone tries to restore legal order, we hear that we have a different concept of law
– If Mr. Barski’s appointment was incorrect, then Mr. Barski is simply not a prosecutor and he has not returned from retirement. However, PiS has been consistent since then elections On October 15, he plays politics: “We don’t have your coat, what will you do to us?” Every time Minister Bodnar, or any other minister of this government, tries to restore normal legal order, we hear that we have a different concept of law, different regulations. It is difficult to conduct any dialogue if it is not conducted on the basis of applicable legal provisions, said Anita Kucharska-Dziedzic (New Left).
Kuźmiuk: the Minister of Justice brutally violates the constitution
Andrzej Duda talked on Monday with former National Prosecutor Dariusz Barski. The President “informed that he did not consent to the dismissal of the National Prosecutor and did not express an opinion on the appointment of a new National Prosecutor,” the Chancellery of the President said. Law and Justice politicians argue that the decision of the Ministry of Justice is illegal.
– Let’s be serious. To dismiss the National Prosecutor, you need the opinion, decision and consent of the president (…) We are a country of 38 million people in the middle of Europe, member of the European Union and therefore it is shocking to me that the Minister of Justice brutally violates the constitution and the laws that apply to him – said Zbigniew Kuźmiuk (PiS).
Dariusz Barski retired
Dariusz Barski has been retired since January 12, which makes him “incapable of performing the function of the National Prosecutor,” the Ministry of Justice said in a statement on Friday. The ministry also announced that Jacek Bilewicz will be the acting national prosecutor. A separate announcement on this matter appeared on the website of the National Prosecutor’s Office. It was written that “the function of the National Prosecutor is performed by Dariusz Barski” and it was stated that Bodnar’s letter “does not produce any legal effects.”
Main photo source: TVN24