The ongoing turmoil in Poland's justice system reached new heights as the current government led by Donald Tusk disregards a crucial ruling from the Polish Supreme Court. This ruling determined that Dariusz Barski's removal as National Prosecutor was unlawful, yet Barski still faces barriers to reclaiming his position. With mounting concerns about the erosion of rule of law, conservative opposition leader Jarosław Kaczyński warns of a drift towards dictatorship, signaling a significant political crisis that threatens the stability of Poland's judiciary.
Despite a Polish Supreme Court ruling that the former National Prosecutor was improperly removed from his position, Donald Tusk’s government is simply ignoring the court ruling. The complete breakdown of rule of law in the country has led conservative opposition leader Jarosław Kaczyński to note that the only rule that matters is that of Donald Tusk.
“This was a decision of Supreme Court judges, which means there is no longer any trace of the rule of law in Poland. The current will of one man, Donald Tusk, is in force,” said Jarosław Kaczyński, the chairman of Law and Justice (PiS).
The Criminal Chamber of the Supreme Court adopted a resolution on Friday in which it was recognized that the reinstatement and appointment of Dariusz Barski as national prosecutor in 2022 had a binding legal and systemic basis and was legally effective. Dariusz Barski was illegally removed from his position by the Tusk government and Dariusz Korneluk was appointed.
WATCH: This is Tusk's Poland. A huge police presence guards two conservative MPs who have been arrested despite being pardoned by Polish President @AndrzejDuda.
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The situation is complex and risks a great constitutional crisis between the president, the judiciary, and Tusk's… pic.twitter.com/JFujMHxSW2
The resolution to reinstate Barski passed by three judges: Zbigniew Kapiński, who is the chairman and president of the Criminal Chamber of the Supreme Court, along with judges Marek Siwek and Igor Zgoliński. The decision was issued in response to a question submitted to the Supreme Court by the Gdańsk District Court.
On Monday, Barski attempted to gain access to the National Prosecutor’s Office in Warsaw, saying he should be allowed to perform his duties due to the fact that he is the country’s national prosecutor but he was blocked.
“Society should be made aware that from a certain point on we live in a country that is evolving towards a dictatorship, and a personal dictatorship at that, and at the same time completely unpredictable,” said Kaczyński in an interview with wPolska24 television.
According to the PiS chairman, “since the law does not apply at all, all the worst can be expected.”
Polish President Andrzej Duda has also reacted with outrage over the denial of Barski to assume his legal duties.
“We need to help citizens as much as possible, because this is the most important,” said Duda, who received Barski at the presidential palace.
Duda also pointed out that Dariusz Barski was appointed the National Prosecutor in accordance with the provisions and constitution in force at that time.
In a letter open to Justice Minister Adam Bodnar, Barski demanded that he be effectively enabled to act as a national prosecutor.
After meeting the prosecutor, the president reported that the current actions of Prime Minister Donald Tusk and Justice Minister Adam Bodnar threaten all proceedings conducted by prosecutors and the stability of the justice system.
“We know that Mr. Barski was not allowed into the headquarters of the National Prosecutor’s Office. We are currently considering what actions we can take to restore the rule of law, including today’s conversation,” said Duda.
The Supreme Court judges defend their own positions and politicization of justice. They want to block the billing process. Today’s position of three judges is not a resolution of the Supreme Court and is not binding,” declared the Minister of Justice and the Prosecutor General. “I will not leave the chosen path of restoring citizens to an independent judiciary and prosecutor’s office.”
Secretary of State at Duda’s office, Andrzej Dera, emphasizes that “the state does not act as it should act,” and Tusk and Bodnar are responsible for this.
“Judgments are challenged, the status of judges is being questioned, and all prosecutors’ statuses will be questioned at any moment. We can say – in short – that the justice system in Poland has ceased to operate,” stated Dera on TV Republika.
As of January 2024, protests are erupting across Poland against Tusk’s government, highlighting public discontent with perceived authoritarianism. Demonstrations are drawing thousands, and the situation is intensifying as both President Andrzej Duda and opposition leaders call for restoring judicial integrity. The tension between Tusk's government and opposition factions signifies a critical juncture in Polish politics, where the rule of law and democratic principles are under siege.
