The National Prosecutor’s Office has challenged the Supreme Court’s decision to reject an extraordinary appeal, citing a legal misinterpretation regarding Deputy Prosecutor General Jacek Bilewicz’s authorization.
Dispute Over Deputy Prosecutor’s Authority
The Supreme Court’s Chamber of Extraordinary Control rejected an extraordinary appeal in a payment case, ruling that it was filed by an unauthorized person. The court determined that Prosecutor Jacek Bilewicz holds the position of Deputy Prosecutor General without proper authorization because he did not present a Presidential opinion regarding his appointment.
The ruling was issued by Judge Paweł Czubik, one of five candidates presented to President Karol Nawrocki for the position of First President of the Supreme Court.
Legal Interpretation of Presidential Opinion
National Prosecutor’s Office spokesperson Przemysław Nowak defended the appointment, stating the court’s decision was based on a flawed interpretation of the Prosecution Law. He emphasized that a Presidential opinion is a position that may be considered but does not function as a blocking consent.
Nowak argued that if the President’s failure to provide an opinion could invalidate an appointment, it would effectively turn a required opinion into a required consent, contradicting Article 14 of the Prosecution Law, which distinguishes between the opinion required for appointment and the consent required for removal.
Ongoing Conflict in Prosecution Leadership
The case is part of a broader struggle over the leadership of the prosecution service that began over two years ago. The conflict involves disputes over the reinstatement of previous officials and the subsequent appointments of new leadership under Minister Adam Bodnar and Prime Minister Donald Tusk.
Judicial Status and European Court Rulings
The status of the Chamber of Extraordinary Control has been challenged by European tribunals. The Court of Justice of the EU ruled in December 2023 that the Chamber does not constitute an independent and impartial court established by law.
