Independent Like a Prosecutor: Poland's Struggle with Prosecutorial Power

The Polish prosecutor's office has undergone significant debate regarding its independence and structure since the fall of communism. Early discussions at the Round Table talks failed to reach a consensus on how to transition away from the Stalinist model, where the prosecutor's office was tasked with "guarding legality." The opposition favored democratic control, proposing that the prosecutor general be the minister of justice, accountable to parliament. This led to the abolition of the General Prosecutor's Office in 1990.

Subsequent constitutional projects offered various models. One presidential proposal placed a chief prosecutor under the Council of Ministers, appointed by the president. A Solidarity-backed civic project envisioned the prosecutor's office guarding legality, similar to the Stalinist era, with the minister of justice acting as prosecutor general. Another proposal from the SLD party suggested a chancellor of justice elected by parliament, with a prosecutor general as their deputy.

Discussions within parliamentary subcommittees explored different approaches, including Portuguese and French models for the prosecutor's office. Professor Andrzej Strzembosz cautioned that the easiest, most familiar model would likely prevail in parliamentary votes. Professor Leszek Wiśniewski advocated for positioning the prosecutor's office similarly to the Supreme Audit Office and the Ombudsman. Professor Piotr Winczorek argued that combining the roles of minister of justice and prosecutor general created a fictional political independence for the prosecution.

However, a meeting in Popowo, involving 20 high-ranking officials from the justice system and law enforcement, discussed these issues. Minister of Justice Aleksander Bentkowski expressed the view that prosecutors are civil servants subordinate to the prosecutor general and must follow his directives, including policy on investigations. The article implies that these decisions have contributed to the further politicization of the prosecutor's office.