On Monday, the D.A. received a study of suspicion of a crime committed by Prime Minister Donald Tusk and Minister of Justice Waldemar Żurek. The action taken by Members of Law and Justice, Zbigniew Ziobra and Jan Kanthak, concerns the position of national prosecutor Dariusz Barski. According to PiS politicians, the actions of the current government in this substance are illegal and constitute a continuation of the "great bigoise" in the judiciary. The dispute over the key position in the prosecutor's office gathers momentum, announcing further political and legal clashes, which may have far-reaching consequences for the Polish legal system.
Conflict genesis: position of Dariusz Barski
The key point of the dispute is the position of Dariusz Barski, whom the Law and Justice sees as a legal national prosecutor, while the current government as an unlawful person. The problem began on 12 January last year erstwhile then Minister of Justice and lawyer General Adam Bodnar handed over to Barski a paper stating that his restoration to work from the remainder of the year “was carried out in violation of the applicable government and did not origin legal effects”. Bodnar relied on legal opinions, pointing out that the provisions of Article 47 paragraphs 1 and 2 of the 2016 Act introducing the Law on the Prosecutor's Office, under which Barski returned to service in 2022, were occasional and only valid for 2 months. Consequently, according to Bodnar, Barski's authority was annulled, not his appeal, which requires the written consent of the president of Poland under the law.
PiS allegations: ‘State of lawlessness’ and ‘usurper’
Zbigniew Ziobro at a press conference powerfully criticized the government's actions, accusing the Minister of Justice of Waldemar Żurk of continuing to "state of lawlessness". Ziobro stressed that Dariusz Barski, as a legally appointed national prosecutor, was deliberately prevented from doing his duties. alternatively of him, according to the Law and Justice, this function is the “usurper” who assumes his position under the unlawful decision of Prime Minister Donald Tusk and Adam Bodnar's earlier motion. MP Jan Kanthak went further in his accusations, stating that with “high probability we can say that Waldemar Żurek joined an organized crime group that he had become a associate of the criminal ring.” Kanthak assessed that we are dealing with a “great bigoster” in the judiciary, which “had been arranged by Mr Bodnar with Mr Tuski, violating all the provisions of the Constitution and the Act.”
Key function of the President: Appeals consent
The central argument of Law and Justice is the request to get written consent of the president of the Republic of Poland to appeal the national prosecutor. Zbigniew Ziobro categorically pointed out that the law on the prosecution clearly defined this procedure, and then president Andrzej Duda did not express specified consent in writing. However, as Ziobro stated, Minister Adam Bodnar, and now Waldemar Żurek, prevent the performance of the activities of the legal national prosecutor. The position of the government on this issue is different: president Duda could not agree to Barski's appeal, as in their view Barski could not "retire from his resting state to active service" in 2022, which would invalidate his appointment from the very beginning. The dispute over the explanation of the law on the prosecution is so crucial and forms the basis of the current announcement to the prosecutor.
Legal and political implications: What's next?
Submission of a announcement to the D.A. to Prime Minister and Minister of Justice is a serious step that can have wide consequences. The prosecution will gotta examine the merits of the PiS charges, which may lead to the initiation of an investigation. If the charges prove justified, this could consequence in serious legal consequences for Donald Tusk and Waldemar Żurek, as well as trigger another wave of political turbulence. Whatever the D.A.'s decision, this will surely warm the political atmosphere and be utilized in the current public debate. presently acting as national prosecutor is Proc. Jacek Bilewicz, and after the competition proc. Dariusz Korneluk was appointed. The Law and Justice has consistently challenged the legality of these changes, which announces a long-term conflict over the control of the prosecution, crucial to the functioning of the state.
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Ziobro and Kanthak report. Prime Minister Tusk and Żurek charged with lawlessness!
