What's the deal?
There were respective ideas for the problem under consideration. The ruling coalition first proposed to liquidate the company, then suspend the board. The Law and Justice have responded to changes in the statutes, the appointment of a prosecutor and the decision of the Constitutional Court. The Sejm so wishes to adopt a resolution indicating the request for amendments. The Polish organization 2050 of the talker of the Sejm Simon Holownia officially applied, but it was signed by many another members of the coalition.
As can be seen in the first document, the government intends to call:
all authorities of the State of the Republic of Poland to take immediate action to reconstruct constitutional governance in relation to access to reliable information and functioning of public media, as well as in terms of independence, objectivity and pluralism in the implementation of the public mission by public broadcasting and television, as well as in terms of obtaining and communicating information by the Polish Press Agency.
However, as Business Insider reports, any problems arise.
Mistakes of the legal act
Margaret Kozak, a lawyer and lecturer at the University of Utrecht, Netherlands, believes that a resolution may violate EU law. The expert explains that Poland is presently violating the warrant of access to reliable and reliable information. It follows, among another things, from acts specified as the Treaty on European Union or the Charter of Fundamental Law of the European Union, as well as respective others.
He's crazy: public media is strong anti-government media. He truly said it. pic.twitter.com/IWMItxYkbR
— Grzegorz Kot (@gfkot) December 19, 2023
At the same time, the resolution ignores the violations of EU law both through the functioning of the National Media Council and through the way public media spend public funds. These violations are described in the draft resolution and reenforce it.
In addition, Kozak notes that, in accordance with the fresh version of the 30th Audiovisual Directive, proposed by the European Commission in 2016 and adopted as Directive 2018/1808, each associate State must appoint at least 1 national authority or regulatory authority. These authorities are obliged to be independent of the government. Therefore, they are not linked to any private or public entities. These national authorities or regulatory authorities must act objectively and transparently.
In turn prof. Katarzyna Bilewski from the University of Warsaw draws attention to another problem. It considers that the resolution under consideration does not have any legal force in the economical trade. Nor can it service as a basis for a decision by a registered court. It is the registry court who would decide to appoint a curator after suspension of the board.
The final effect may be that the European Commission has the chance to initiate peculiar procedures for Poland. If, therefore, the State aid is found not to comply with the requirements and is incompatible with the interior market, the recipient must bear the consequences of any infringements.
Joanna Scheering-Wielgus: The law will not be broken
Joanna Scheuring-Wielgus of the Left, however, is engaged that there will be no abuse and the law will not be violated.
We are prepared to make changes in public media, we know how to do this. surely it will not be a situation that we will break the law – assured in an interview with TVN24.
During the TVN24 interview, the Deputy Minister of Culture was asked whether the Media Parliamentary Resolution was to supply a kind of green light for the government to carry out an crucial improvement in public media. The politician replied:
The resolution we voted on yesterday is, first, a symbol of what has happened in the last 8 years of the regulation of law and justice in the public media, but it is besides a guide to the government, which should have happened in the substance of public media.
🔴 #Emergency ❗
There's an attack on the public media! Signal disabled @tvp_info.
Welcome to peculiar Edition in tv Republic#Turn on the truth#TVRepublicpic.twitter.com/LnBUpTmaTq
— tv Republic 🇵🇱 #enabled (@RepublicaTV) December 20, 2023
She besides added:
And it surely will not be a situation where we will break the law, as the Law and Justice did. We do not want to run the “PiS-bis” method.
The question, however, is whether the concerns of experts speaking for the Busness Insider are unfounded.
