W sprawie niezależności Prokuratora Generalnego w Polsce
- Institution: Uniwersytet Opolski
- Year of publication: 2010
- Source: Show
- Pages: 191-202
- DOI Address: https://doi.org/10.15804/ppk.2010.01.15
- PDF: ppk/01/ppk115.pdf
Regarding the independence of the general public prosecutor
The hereby study is an attempt to indicate the factual effects of the introduction of the Act of October 9, 2009 on the Modification of the Act on Public Prosecutor’s Office and Other Acts regarding the Division between the Function of the General Public Prosecutor and the Post of Minister of Justice. Arguments raised during the debate on the bill allowed to assume that, as an effect of the act, the General Public Prosecutor shall be granted a large deal of independence. In fact, the modifications consist in a change regarding a functional relation with the executive power, dissolving any relations with the current policy and the public prosecutor’s office due to the resignation from the subordination to the Ministry of Justice, and not separation. The issue of the new positioning of the General Public Prosecutor among the authorities, the procedure of appointing him and available mechanisms of liability, have been indicated in the study.