In the program “Miłosz Kłeczek Invites”, politicians addressed the controversy surrounding the appointment of Waldemar Żurek as Minister of Justice and Prosecutor General. Żurek, who previously questioned the legitimacy of judges appointed by the National Council of the Judiciary (KRS) after 2018, now finds himself in a legally questionable situation: he assumed the role of Prosecutor General while still formally serving as a judge.
Żurek Appointed Minister, But Not Prosecutor
Waldemar Żurek, known for his sharp criticism of so-called “neo-judges”, now finds himself in a position that undermines the legality of his appointment. Yesterday, he was sworn in as Minister of Justice and Prosecutor General, yet he formally remains a judge of the Kraków District Court.
Thus, although he was sworn in as Minister of Justice, he could not legally take on the role of Prosecutor General, as he remains a judge until July 25. The law is unambiguous on this matter and explicitly prohibits combining these positions.
“We have confirmation that we’re being governed by the Olsen Gang. This group knows nothing of the law since reports suggest that Minister Żurek did not even realise until yesterday that he needed to resign from his position as a judge (…) It’s good that this has come to light today, because had he made any decisions as Prosecutor, they would be legally flawed,” emphasized Maciej Małecki from Law and Justice (PiS) during the program.
“This is a textbook example of legal incompetence. Minister Żurek didn’t know until yesterday that he must resign from being a judge. This shows how casually the December 13 coalition treats the law,” the politician added.
Bodnar’s Allies Already Persecuting
This entire situation means that any decision made by Żurek as Prosecutor General before July 25 can be legally challenged. This creates a dangerous legal vacuum, especially considering that the prosecution has already accelerated actions related to the persecution of United Right politicians in the so-called “Vistula Line” case.
Despite this, government coalition politicians are trying to downplay the issue. Norbert Pietrykowski from Poland 2050 claims that any blame for Żurek’s improper appointment lies with the President of Poland, who handed him the nomination.
“For me, the guiding factor is the actions of President Andrzej Duda (…) I believe that either we already have a Prosecutor General today, or we will have one tomorrow. The decision as to whether a new oath should be taken belongs to the President,” he stated.
Urszula Nowogórska from the Polish People’s Party (PSL) took a similar stance. She also downplayed the problem and referred to President Andrzej Duda, ignoring the issue within the coalition itself and the possibility that the President was misled.
“I believe that when the President accepted the oath from the Minister of Justice, he was fully aware of the situation of the Minister. The President is a Doctor of Law and has legal support from the Presidential Chancellery (…) If it turns out that the President was aware, then he should not have appointed him. It may be in the interest of both the President and the Minister for a reappointment to take place,” she said.
The Political Dimension of the Scandal
The Żurek case exposes a deeper problem within the new government. His appointment as Minister, as well as announcements of further persecution of the opposition, appear to be an attempt to divert attention from Poland’s real issues.
“They want a confrontation in the judiciary. Tusk’s government is weak, so they need distractions. For them, the main priority is prosecuting opponents. The extent to which these elites are detached from the problems of ordinary Poles is absurd. The average citizen waits years for court decisions,” said MP Krzysztof Tuduj from Confederation.