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The case of prosecutor Dariusz Barski. Deputy Minister Arkadiusz Myrcha: someone made a mistake when restoring the prosecutor from retirement

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Someone made a mistake and used the wrong provision – said Deputy Minister of Justice Arkadiusz Myrcha in “One on One” on TVN24, referring to the case of prosecutor Dariusz Barski. The Ministry of Justice stated that his reinstatement to active service in 2022 “was made in violation of applicable regulations and had no legal effects.”

On Friday, the Minister of Justice – Attorney General Adam Bodnar during a meeting with the National Prosecutor Dariusz Barski, he handed him a document stating that he was reinstated to active service on February 16, 2022 by the previous Prosecutor General Zbigniew Ziobro, “was made in violation of applicable regulations and did not produce any legal effects.” “A provision of the act was applied that was no longer in force,” the information provided by the ministry stated. It was added that “as of January 12, 2024, Mr. Dariusz Barski has been retired, which makes him unable to perform the function of the National Prosecutor.”

READ MORE: Dariusz Barski “retired”, his duties will be taken over by Jacek Bilewicz

President Andrzej Duda Referring to this decision on Friday, he wrote on the X platform that “Minister Adam Bodnar is trying to remove Dariusz Barski from the position of National Prosecutor, for which he has no independent competences.” “A change in the position of the National Prosecutor is, according to the Act, the competence of the Prime Minister and the Prosecutor General in cooperation with the President. A. Bodnar’s action without the participation of the Prime Minister and the President is another gross violation of the law (the Act and Article 7 of the Constitution),” he added.

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Myrcha: I disagree with the president. His doctoral thesis supervisor also disagrees with him

Deputy Minister of Justice Arkadiusz Myrcha commented on the head of state’s entry on Saturday in “One on One”.

– Of course, I do not agree with the president here, and neither does Professor Jan Zimmermann, the supervisor of his doctoral thesis, who also issued an unequivocal opinion on this matter, like all the opinions we posted on the website of the Ministry of Justice – he said. He added that they show that Minister Bodnar is 100% right.

Read also: The Ministry of Justice published legal opinions in the case of prosecutor Dariusz Barski

– When restoring prosecutor Barski from retirement, someone simply made a mistake by indicating that he would return on the basis of provisions that introduced new regulations – the law on prosecutors in 2016. These are the so-called introductory provisions. They were only there for a while to be able to reshape the National Prosecutor’s Office at that time. Today, there is a different provision in force, already in the regulations themselves – the law on the prosecutor’s office, i.e. Article 127, which regulates the return to retirement – said the deputy minister.

He added that “if prosecutor Barski returned on the basis of this provision, which is in force today, our hands would be tied.” – But then someone made a mistake and used the wrong recipe – Myrcha said.

Main photo source: TVN24

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