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Spór o model ustrojowy prokuratury w świetle dyskusji parlamentarnych nad nowelizacją z 29 grudnia 1989 r. Konstytucji PRL

100%

Brzuszczak P.

Przegląd Sejmowy

2024

nr 3-4(182-183)

51–71

The article attempts to show the parliamentary discussions around the systemic model of the prosecutor’s office, which was one of the knotty issues during the work on the 29 December 1989 amendment to the Constitution of the Polish People’s Republic. Research methods characteristic of legal sciences and political sciences, primarily the formal-dogmatic method, the institutional method, and the comparative method have been used to achieve this goal. Through the aforementioned research methods, sources were analysed (mainly transcripts from the work of the 10th Sejm, especially the Parliamentary Legislative Committee, the 1st term Senate, the law and court reform sub-team functioning during the Polish Round Table negotiations, as well as memoirs of participants and observers of the late 1989 discussion on the optimal systemic model of the prosecutor’s office), subsequent laws on the prosecutor’s office and drafts of the December amendment, and a review of the literature. Alongside the regulation of political parties, the question of the location and functions of the public prosecutor’s office was among the most contentious issues during the drafting of the content of the December amendment. Particularly involved in these debates was the proposal to combine the functions of the Prosecutor General and the Minister of Justice. The previous model of separating these offices in People’s Poland was seen as one of the reasons why the prosecutor’s office was used by the communist regime for various abuses, including those targeting opposition activists in the Polish People’s Republic. Thus, the personal union of the Prosecutor General and the Minister of Justice, in place since 1990, was more an aftermath of these negative experiences than the result of extensive substantive polemics around the optimal systemic model of the prosecution service. This recognition constitutes the main hypothesis of this article. The article briefly presents the ‘starting point’ for parliamentary discussions on this issue, which was the output of the law and court reform sub-team operating under the political reforms team of the Round Table. The subject scope of the December amendment and the course of discussion on the place of the prosecutor’s office in the changed socio-political reality were also presented. During these discussions, the possible deconstitutionalisation of the prosecution institution also remained an important issue.