Published: 2025-12-30

Minister of Justice of the Republic of Poland and the Prosecutor General – The Evolution of the Institutional Model of the Public Prosecutor’s Office in Poland

Jakub Zbigniew Kochanowicz
"Młody Jurysta" Czasopismo Studentów i Doktorantów Wydziału Prawa i Administracji UKSW
Section: Artykuły
https://doi.org/10.21697/mj.16492

Abstract

The primary objective of this study is to evaluate the evolution of the Polish prosecution service's constitutional structure, with a specific focus on the controversial model of combining the functions of the Prosecutor General and the Minister of Justice. The research aims to analyze the consequences of this arrangement for the rule of law and the institution's independence. The study employs a historical-legal analysis to trace the development of the prosecution service from the interwar period through the post-war era and into the post-1989 period. It examines key legal acts and arguments both for and against specific constitutional models, contrasting Polish solutions with European standards and drawing on recommendations from the Venice Commission and the European Parliament. The analysis reveals that the historical and contemporary practice of merging the roles of the Prosecutor General and the Minister of Justice, while sometimes justified for the sake of a cohesive criminal policy, ultimately leads to serious problems. This arrangement violates the fundamental principle of the separation of powers and undermines the independence of the prosecution service. The current regulations, which permit the issuance of instructions in specific cases, are in conflict with European standards. Organizations like the Venice Commission and the European Parliament have criticized this model, arguing that the prosecution service should be apolitical and operate independently of the government. The study concludes by discussing the necessity of returning to a model where the Prosecutor General is an independent official appointed for a specific term. It argues that separating the two functions and restoring the full independence of the prosecution service is crucial for strengthening the democratic foundations of the state and ensuring consistency with constitutional principles of the rule of law.

Keywords:

prosecution service, Prosecutor General, Minister of Justice, prosecutorial independence, separation of powers, rule of law

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Kochanowicz, J. Z. (2025). Minister of Justice of the Republic of Poland and the Prosecutor General – The Evolution of the Institutional Model of the Public Prosecutor’s Office in Poland. "Młody Jurysta" Czasopismo Studentów I Doktorantów Wydziału Prawa I Administracji UKSW, (2), 116–136. https://doi.org/10.21697/mj.16492

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