Did the former Minister of Justice inadvertently confirm the arguments of his critics? In an interview with TV Republika, Adam Bodnar admitted that dismissing the National Prosecutor requires the President’s consent. “Consent is required for dismissal, while the issue of an opinion concerns the appointment,” he said. Moments later, however, he attempted to walk back the statement, arguing that Dariusz Barski’s case was different. The remarks are striking given the circumstances surrounding the changes at the National Public Prosecutor’s Office, which critics say were carried out unlawfully in January 2024.
In January 2024, the National Public Prosecutor’s Office was taken over in what has been widely described as an illegal move. Then-Minister of Justice Adam Bodnar argued that Dariusz Barski had not been lawfully reinstated to active service in 2022. On that basis, the ruling coalition appointed Dariusz Korneluk to the post without the consent of President Andrzej Duda.
It is worth noting that in October 2024, the Criminal Chamber of the Supreme Court ruled that Dariusz Barski’s appointment as National Prosecutor in 2022 had been legally effective and that he remains the lawful National Prosecutor. According to that ruling, Adam Bodnar’s appointee, Dariusz Korneluk, has been unlawfully occupying the position of head of the prosecution service. Former President Andrzej Duda also expressed this view.
Two years after the government camp’s illegal takeover of the prosecution service, on January 12 this year, President Karol Nawrocki met with Prosecutor Dariusz Barski.
After the meeting, Barski spoke to the media and emphasized that he continues to lawfully hold the office of National Prosecutor.
“No one has ever even attempted to dismiss me from this position. The procedure required by law – or any other procedure – has never been followed. Mr. Bodnar’s opinions carried no legal significance. Opinions are not a source of law,” he stressed.
The meeting was also described by the Chancellery of the President on its official website.
“President of the Republic of Poland Karol Nawrocki met with National Prosecutor Dariusz Barski, who exactly two years ago was unlawfully and forcibly prevented by the government from carrying out his duties. The dismissal of the National Prosecutor requires the consent of the President of the Republic of Poland. The Prime Minister has never submitted such a request, and the building of the National Public Prosecutor’s Office was taken over by force,” the statement read.
Bodnar Himself Admitted It: Consent Is Required
The issue resurfaced today during an interview conducted by TV Republika journalist Adrian Borecki with the former Minister of Justice. Bodnar was asked how the takeover of the prosecution service had actually unfolded.
“Was the President completely bypassed?” the journalist asked.
Bodnar replied: “Consent is one thing. Consent is required for dismissal, while the issue of an opinion concerns an appointment.”
Following that statement, Bodnar appeared to distance himself from what he had just said in light of the way the ruling camp took control of the National Public Prosecutor’s Office.
Adrian Borecki: “But there was no consent for the dismissal either, was there?”
Adam Bodnar: “But in this case there was no such necessity because…”
Adrian Borecki: “But you just said that signature was required.”
Adam Bodnar: “No, I was referring to other individuals. No, please note – I was referring to other individuals.”
Adrian Borecki: “The National Prosecutor.”
Adam Bodnar: “No, I was referring to other people who serve as Deputy Prosecutors General. I was not talking about the National Prosecutor’s Office. In Prosecutor Barski’s case, the situation was completely different because, quite simply, the prosecutor was never effectively reinstated from retirement.”
Adrian Borecki: “The President had a different opinion.”
Adam Bodnar: “Well, that has been the subject of our dispute for quite some time…”