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Prosecutors Office. Michał Wawrykiewicz: Ziobro’s law of 2016 was supposed to create a tsarist office from the prosecutor’s office

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Currently, the prosecutor’s office is very hierarchical. This was the model proposed and adopted by the 2016 law, which was intended to subordinate and turn this prosecutor’s office into a kind of tsar’s office – said attorney Michał Wawrykiewicz on the “Free Courts” initiative in “Fakty po Faktach” on TVN24. He emphasized that it is important to strengthen prosecutorial independence and to separate the functions of the Minister of Justice and the Prosecutor General. Prosecutor Katarzyna Kwiatkowska, president of the Association of Prosecutors “Lex Super Omnia”, talked about the atmosphere in the prosecutor’s office and how Adam Bodnar’s actions are assessed.

Prosecutor Katarzyna Kwiatkowska, president of the Association of Prosecutors “Lex Super Omnia” and attorney Michał Wawrykiewicz on the initiative of “Free Courts” referred in “Fakty po Faktach” to changes in the prosecutor’s office introduced by the Minister of Justice, the Prosecutor General Adam Bodnar.

Kwiatkowska talked about the atmosphere in the prosecutor’s office. She said that “it was the so-called line prosecutors, i.e. from district or district prosecutor’s offices conducting preparatory proceedings, who initiated the case related to the appeal to the deputy prosecutors general to resign.”

– Moreover, my colleagues call me, not only those associated with the Association of Prosecutors “Lex Super Omnia”, but also those so-called our supporters or people who care about the independent prosecutor’s office. They claim to support the actions of Professor Adam Bodnar and confirm that this is a very good direction, which will actually culminate in an independent prosecutor’s office, in which this independence will not be treated as an entitlement or privilege for us, prosecutors, but will constitute a guarantee for every citizen. that their case will be examined in an objective and impartial manner by a prosecutor who will be guided by his knowledge, experience and competences, and not by the suggestions of some politicians, she said.

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Kwiatkowska on the atmosphere in the prosecutor’s officeTVN24

Wawrykiewicz on the need to strengthen prosecutorial independence

Wawrykiewicz, asked in what direction the law on the prosecutor’s office should go, said that it would “strengthen prosecutorial independence.”

– Currently, the prosecutor’s office is very hierarchical. This was the model proposed and adopted by the 2016 law, the “Ziobro” law, which was intended to subordinate and turn this prosecutor’s office into a kind of tsar’s office, where everyone has to listen, and if they do not listen, they will be sent to the other end of Poland – he assessed.

He added that this also happened. – Prosecutors who took independent actions were subject to disciplinary and repressive punishment – he said.

He emphasized that “separating the functions of the Minister of Justice and the Prosecutor General is extremely important, so that in the long run, the prosecutor’s office becomes truly independent, so that it does not associate us with a body subordinated to the government.”

Wawrykiewicz said that “joining the European Public Prosecutor’s Office is extremely important.” – This is an element that creates a completely different image of our prosecutor’s office and includes it in the European legal space – he said.

Ministry of Justice presented assumptions for the amendment to the Law on the Public Prosecutor’s Office, which provides for the separation of the functions of the Minister of Justice and the Prosecutor General, who will be appointed by the Sejm with the consent of the Senate for one 6-year term.

Kwiatkowska on the draft bill based on four pillars

Kwiatkowska said that the Association of Prosecutors “Lex Super Omnia” has prepared a draft of a new law, which “is based on four pillars: independence, responsibility, transparency and social control.”

– We want the future prosecutor’s office to act on behalf of society and in the interest of all citizens, respecting human rights and freedoms. We want the prosecutor general and the minister of justice to be separated, as well as for the future prosecutor’s office to meet not only the standards of a democratic state of law, but also EU values, she said.

– We are very happy that the Minister of Justice, Adam Bodnar, has signed off on the accession of the Polish prosecutor’s office to the European Public Prosecutor’s Office. This was the dream of independent prosecutors for eight years, but now this dream is coming true, she added.

Wawrykiewicz: Bodnar used the instrument provided by the act amended during PiS times

Wawrykiewicz referred to the issue of appointing Adam Bodnar as judicial disciplinary spokesman by the Minister of Justice – so-called “ad hoc” advocates: judge Grzegorz Kasicki and judge Włodzimierz Brazewicz.

He said that Bodnar “used the instrument provided by the act amended at the time PiSi.e. these ad hoc special disciplinary prosecutors, appointed by the Minister of Justice, who can take over disciplinary cases handled by these disciplinary prosecutors, such as (Piotr) Schab, (Michał) Lasota and (Przemysław) Radzik.

Wawrykiewicz said that “it’s about the effectiveness of action, it’s about actually deactivating the muzzle act so that we can meet the milestone that opens the door for us to pay tranches of the Reconstruction Fund.” As he noted, “in order to exclude the muzzle act from the system, it would be necessary to change the law, and we know that Andrzej Duda will certainly not support this.”

– Using the instruments that the Minister of Justice now has for a good purpose is the most appropriate solution and I hope that it will help a lot in closing these senseless repressive proceedings against Polish judges – he said.

Wawrykiewicz: Bodnar used the instrument provided by the act amended during PiS times

Wawrykiewicz: Bodnar used the instrument provided by the act amended during PiS timesTVN24

Main photo source: Paweł Supernak/PAP



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