Judgment of the Constitutional Court on the liquidation of public media

Today, the Constitutional Court has ruled that public media cannot be dissolved and liquidated. The Ministry of Culture and National Heritage considered that the Court's ruling on public broadcasting units has no legal importance due to the fact that it is not an independent institution.

Today, January 18, the Constitution Court with president Julia Przyłębska at its head ruled that public broadcasting and tv units cannot be liquidated and dissolved. Any decision taken on the public media under the Commercial Companies Code to dismiss a associate of the board of directors by the general gathering shall have no legal effect. This is simply a violation of 2 Article of the Constitution of the Republic of Poland.

The Ministry of Culture and National Heritage rapidly prepared a answer to the Court's ruling. The Ministry published a communication stating that the Constitutional Court’s rulings have no legal significance, since, according to the resolutions and decisions of the European Court of Human Rights and the ultimate Court, the present constitutional court is not independent and impartial. The Ministry stated that today's judgement does not affect "the functioning of the legal bodies of public media companies and their ongoing liquidation processes".

Today's ruling (18 January 2024) of the Constitutional Tribunal on public broadcasting units has no legal significance. The rulings and resolutions issued in fresh years by the European Court of Human Rights and the ultimate Court relating to the current construction of the Constitutional Court, including the full circumstances of the filling and functioning of that institution, confirm that it is not an independent and impartial constitutional court, and its judgments with the alleged double judges (persons appointed as judges to the Constitutional Tribunal for seats previously planted) do not have universal force and are not final. They should be left out in legal trade as non-existent.

Judge-dubler Jarosław Wyrembak took part in the ruling today. In addition, Krystyna Pawłowicz and Stanisław Piotrowicz took part in the ruling, who as PiS MPs participated in the adoption of amendments to the Broadcasting and tv Act in 2015 and 2016, which undermines their ability to keep objectivity in this case. The composition was chaired by Julia Przyłębska (determining the selection of the composition), who was wrongly appointed to service as president of the Constitutional Tribunal. - I'm sorry. Communication from the Ministry of Culture and National Heritage.

We remind you that last week the ultimate Court justice Kamil Zaradkiewicz reported that court the registry rejected the request for an amendment to the National Court registry concerning TVP. The decision was besides commented by the president for Legal Culture Ordo Iuris Jerzy Kwaśniewski:

All points to the fact that, according to the estimates of a crucial proportion of lawyers, the effort to take over TVP by government D. Tusk with B hands. Sienkiewicza was illegal. If the resolution of the referendarer of the KRS remains in force, the government will face a very serious challenge. Disable TVP Info signal, weeks of unlawful seizure of property, dismissal, change of frame, exclusion of TVP Wolrd , the liquidation process, the collapse of credibility in the trade... ..is not just criminal...

So-called. "The acquisition" of public media by Minister Sienkiewicz

Minister of Culture and National Heritage Bartłomiej Sienkiewicz dismissed the current presidents of the Management Boards of Polish tv S.A., Polish Radio S.A. and Polish Press Agency S.A. and Supervisory Board. The Minister set up fresh supervisory boards for those companies that set up fresh boards. At the same time, TVP Info was prevented a fewer minutes after 11 p.m. The tvp.info website has besides stopped operating. The head of the department did so on the basis of the Commercial Companies Code. That was yesterday. The Ministry wrote that the necessity of specified a decision was caused by the resolution of the Sejm to reconstruct legal order and impartiality and reliability of public media and the Polish Press Agency.
According to the Ministry, the safety issued by the Constitutional Court on 14 December on public media is legally ineffective and in no way binds the Minister of Culture or fresh governments or supervisory boards of media companies.

Then Minister of Culture and National Heritage Bartłomiej Sienkiewicz announced present that he decided to liquidate the following media companies: tv Polska S.A., Polish Radio S.A. and Polish Press Agency S.A. The politician explains that specified action will safeguard the continued operation of these companies, carry out the essential restructuring in them and prevent dismissals of employees employed in the abovementioned companies due to deficiency of funding. Finally, it was added that the liquidation could be revoked at any time by the owner.

nationalists.net/tribunal.gov.pl♪ Oh, yeah ♪MKiDN