O niedostatkach legislacyjnych w ustawodawstwie polskim jako przeszkodach na drodze do pełnej niezależności prokuratury w...
On the legislative shortcomings in the Polish legislation as obstacles on the road to a full independence of Public Prosecutor’s Office in the...

Summary/Abstract: This article attempts to answer the question whether the legal status currently existing in Poland allows a fully independent functioning of the Public Prosecutor’s Office in the external dimension, that is one assuming independence in its relations with other entities. Accordingly, the author makes a few comments on the respective legal regulations that result from both the Constitution of the Republic of Poland and the ordinary legislation, including – in particular – the amendments introduced into the Law on Public Prosecutor’s Office by the Act of 9 October 2009. While not undermining the general principles, in compliance with which there followed a separation of the functions of the Minister of Justice and those of Prosecutor General, the author first identifies a number of gaps in the legislation which do not allow for a full independence of the Public Prosecutor’s Office, and then offers some suggestions of amendments in this respect. The article concludes with a reflection of the need for further modification of the existing regulations in the legislation.

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