Polish court blocks top prosecutor's dismissal by new government

The latest battle between the new government and PiS allies was opened on Friday when Justice Minister Adam Bodnar said Dariusz Barski, the country's top prosecutor was released from his function. On Monday, the Constitutional Tribunal, which critics say has lost its independence under PiS, and whose head Julia Przylebska party leader Jaroslaw Kaczynski considered a "close friend", moved to block the dismissal.

A top Polish court moved on Monday to block the dismissal of a senior prosecutor accused of taking part in politicizing of the country's legal system, underlining the challenges the government faces delivering reforms needed to get EU funds. Critics say the overhaul implemented by the previous nationalist Law and Justice (PiS) administration increased political influence over the courts, and as a result Brussels froze billions of euros earmarked for Poland due to rule-of-law concerns.

Warsaw's new pro-European government has vowed to roll back the changes and unblock the cash, but faces resistance from President Andrzej Duda, a PiS ally, and the party's supporters that remain in powerful positions in the courts and regulatory bodies. The latest battle between the new government and PiS allies was opened on Friday when Justice Minister Adam Bodnar said Dariusz Barski, the country's top prosecutor was released from his function.

On Monday, the Constitutional Tribunal, which critics say has lost its independence under PiS, and whose head Julia Przylebska party leader Jaroslaw Kaczynski considered a "close friend", moved to block the dismissal. "The Constitutional Tribunal issued an interim decision in which it ordered the prosecutor general and all public authorities to refrain from any actions that would prevent Dariusz Barski ... from performing the function of state prosecutor," it said.

Barski welcomed the Tribunal's decision and told private broadcaster Polsat News he still considered himself to be the state prosecutor. "I think it is a very good thing that the Constitutional Tribunal issued such a decision, I asked for it and the Tribunal agreed to this request. It means that I should continue to hold this function."

Confusion has abounded in Poland's judicial system since the new government embarked on its drive to roll back PiS's changes to the courts and state media. 'COHABITATION'

The differences between the new government and the head of state have spiralled into open conflict in a turbulent first few weeks of "cohabitation". The president says the justice minister lacks the authority to unilaterally dismiss the state prosecutor. The justice ministry argues that Barski's appointment was invalid, as laws in force at the time of his appointment barred somebody who had retired from taking up such role.

"The dismissal of the state prosecutor may only take place after consultation between the prime minister and the president ... it requires the president's written consent," Duda told reporters after meeting Prime Minister Donald Tusk. "There is no doubt that the law was broken here."

Tusk said Bodnar had his "full support" in making the prosecutor's office independent. "I hope that the president will help us in this, not hinder us," he said. PiS has said Poland's judiciary required an overhaul to root out the the distortions and inefficiencies left from communist rule.

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