Association of Prosecutors "Lex super omnia"

Stowarzyszenie Prokuratorów „Lex super omnia” (Latin for "Law above all") is a Polish professional association of prosecutors founded in 2017. It brings together more than 200 prosecutors and is best known for its advocacy of prosecutorial independence and for its criticism of the 2016 merger of the offices of Minister of Justice and Prosecutor General in the person of Zbigniew Ziobro. The association is identified in public debate with the defence of the rule of law in Poland and is a member of MEDEL, the European Association of Judges and Prosecutors for Democracy and Freedom. The association's statutory goals include supporting the building of a democratic state of law, seeking to anchor the prosecution service in the Constitution of the Republic of Poland as an organ of the administration of justice, ensuring prosecutors' independence and autonomy in decision-making, protecting the authority of the prosecution service, and popularising law. It pursues these goals by representing the prosecutorial community before state authorities, presenting problems related to the functioning of the prosecution service in public debate, and cooperating with domestic and international legal organisations, including associations of judges and prosecutors. Since its founding, the association has published reports and opinions on the situation of the prosecution service, proposed its own draft law on the organisation of the prosecution service (2023), and participated in civic initiatives such as the Komitet Obrony Sprawiedliwości (Committee for the Defence of Justice) and the Tour de KonstytucjaPL. After the 2023 parliamentary elections and the change of government, members of the association took up senior positions in the prosecution service, including the office of National Prosecutor. The association continues to issue positions, opinions and reports on prosecutorial independence, career paths, and the financial and professional situation of prosecutors and their assistants.

The initiative to establish an independent association of prosecutors emerged in the spring of 2016, following two unsuccessful attempts to register such an association that year. On 4 January 2017, ten prosecutors founded the Stowarzyszenie Prokuratorów „Lex super omnia” and elected its first authorities. On 27 January 2017, it was entered into the National Court Register under number 0000660370. On 27 May 2017, the first Ordinary General Meeting of Members elected the authorities for the 2017–2021 term, with prosecutor Krzysztof Parchimowicz as president of the board. On 4 June 2018, the association participated in founding the Komitet Obrony Sprawiedliwości (Committee for the Defence of Justice), an agreement of organisations engaged in defending the rule of law in Poland. In June 2018, it published a report on the effects of changes introduced in the prosecution service in 2016–2017. On 17 November 2018, it was admitted to MEDEL, the European Association of Judges and Prosecutors for Democracy and Freedom. On 26 January 2019, an Extraordinary General Meeting of Members adopted a resolution opposing the initiation of disciplinary proceedings against prosecutors for statements not exceeding the limits of permissible criticism. In a further resolution, members called for the resignation of the Prosecutor General and the National Prosecutor, described as "synonyms of the politicisation of the prosecution service", and for the appointment of a politically neutral person as Prosecutor General. In April 2019, the association was nominated in Gazeta Wyborcza's "People of the Year 2018" poll for "guarding prosecutorial independence". In the same year, prosecutor Krzysztof Parchimowicz and the association were included in the online repository "Alfabet Buntu" of the Osiatyński Archive in the "rule of law" category. On 5 July 2019, board member prosecutor Mariusz Krasoń was delegated by National Prosecutor Bogdan Święczkowski from the Regional Prosecutor's Office in Kraków to the District Prosecutor's Office Wrocław-Krzyki Zachód in Wrocław. Part of the legal community regarded this decision as harassment of an activist of the association critical of changes in the prosecution service, and support actions for the prosecutor took place in several cities. In October 2019, association president Krzysztof Parchimowicz received the Janina Paradowska and Jerzy Zimowski Award for civic courage, granted for opposing pressure violating the independence of the prosecution service. At the turn of 2019 and 2020, the association opposed the adoption of amendments to the judicial laws, co-organising the March of a Thousand Robes on 11 January 2020. On 4 April 2020, Krzysztof Parchimowicz resigned as president of the board. From June to August 2021, the association co-organised the nationwide event Tour de KonstytucjaPL. On 2 October 2021, the General Meeting of Members elected the authorities for another term, and prosecutor Katarzyna Kwiatkowska became president of the board. In September 2023, the association presented its own draft law entitled "Prawo o ustroju Prokuratury Rzeczypospolitej Polskiej", providing for, among other things, the separation of the functions of Prosecutor General and Minister of Justice, strengthening the independence and self-governance of prosecutors, and flattening the structure of the prosecution service by abolishing regional prosecutor's offices. After the change of government following the 2023 parliamentary elections, members of the association took up senior positions in the prosecution service. On 12 January 2024, Prime Minister Donald Tusk appointed Jacek Bilewicz as acting National Prosecutor. On 14 March 2024, he appointed board member and vice-president of the association Dariusz Korneluk as National Prosecutor. The changes at the head of the National Prosecutor's Office, including Minister of Justice Adam Bodnar's recognition of Dariusz Barski's return from retirement as ineffective and the entrusting of the function to Bilewicz and then Korneluk, became the subject of a legal dispute. The association considered these decisions lawful, while critics, including the chairman of the Trade Union of Prosecutors and Employees of the Prosecution Service of the Republic of Poland Jacek Skała, warned of a division of the community into "prosecutors and neo-prosecutors". On 15 June 2024, an Extraordinary General Meeting of Members elected the board for the 2024–2028 term, with prosecutor Robert Kmieciak as president. In subsequent years, the association has commented on government draft laws on the prosecution service and criminal procedure and published reports on the staffing and financial situation in the prosecution service.

• Ten prosecutors founded the association and elected its first authorities.

• Entered into the National Court Register under number 0000660370.

• First Ordinary General Meeting elected authorities for 2017–2021; Krzysztof Parchimowicz became president.

• Participated in founding the Komitet Obrony Sprawiedliwości (Committee for the Defence of Justice).

• Published a report on the effects of changes in the prosecution service in 2016–2017.

• Admitted to MEDEL, the European Association of Judges and Prosecutors for Democracy and Freedom.

• Extraordinary General Meeting adopted resolutions opposing disciplinary proceedings for prosecutors' statements and calling for the resignation of the Prosecutor General and National Prosecutor.

• Nominated in Gazeta Wyborcza's "People of the Year 2018" poll for guarding prosecutorial independence.

• Board member Mariusz Krasoń was delegated from Kraków to Wrocław, seen by part of the legal community as harassment.

• President Krzysztof Parchimowicz received the Janina Paradowska and Jerzy Zimowski Award for civic courage.

• Co-organised the March of a Thousand Robes against amendments to judicial laws.

• Krzysztof Parchimowicz resigned as president of the board.

• Co-organised the nationwide Tour de KonstytucjaPL (June–August 2021).

• General Meeting elected authorities for a new term; Katarzyna Kwiatkowska became president.

• Presented its own draft law "Prawo o ustroju Prokuratury Rzeczypospolitej Polskiej".

• Prime Minister Donald Tusk appointed Jacek Bilewicz as acting National Prosecutor.

• Dariusz Korneluk, board member and vice-president of the association, appointed National Prosecutor.

• Extraordinary General Meeting elected the board for 2024–2028; Robert Kmieciak became president.

Independent professional association of prosecutors advocating for the rule of law and prosecutorial independence in Poland.

• Draft law "Prawo o ustroju Prokuratury Rzeczypospolitej Polskiej"

  A 2023 draft law providing for the separation of the Prosecutor General and Minister of Justice, strengthening prosecutorial independence and self-governance, and flattening the prosecution structure by abolishing regional prosecutor's offices.

• Reports on the prosecution service

  Reports on the effects of changes in the prosecution service (2018) and on the financial and professional situation of prosecutors' assistants (2026).

• Legal opinions and positions

  Opinions and positions on draft legislation, including on the Code of Criminal Procedure and the so-called muzzle law.

• Dispute over changes at the National Prosecutor's Office (2024)

• Delegation of Mariusz Krasoń (2019)

Read more

• Komitet Obrony Sprawiedliwości (Committee for the Defence of Justice)
• March of a Thousand Robes
• Tour de KonstytucjaPL

1. 1Stowarzyszenie Prokuratorów Lex Super Omnia – official websitelexso.org.pl
2. 2Stowarzyszenie Prokuratorów „Lex super omnia” – Wikipedia (Polish)pl.wikipedia.org
3. 3Stowarzyszenie Prokuratorów „Lex super omnia” – Wikidatawikidata.org