“The minister’s actions are not based on sufficient legal grounds,” Prof. emphasized in an interview with “Business Insider”. Ryszard Piotrowski, a constitutionalist from the University of Warsaw, referring to the actions of the Minister of Culture Bartłomiej Sienkiewicz, who is trying to take over the public media.
Attack by Tusk Tusk’s team on the public media
Let us not forget that the Sejm adopted solution – it is not a legal act – which states, among other things, that “the Sejm of the Republic of Poland, guided by the task facing the constitutional bodies of the State to restore and the general interest considers the continued existence of a state of open violation of the law and violations by individuals as unacceptable.” in the provisions of the Constitution
The resolution also states that the Sejm calls on the Ministry of Finance, represented by the ownership body of the public radio and television companies and PAP, to take corrective measures. The Sejm also promised to immediately begin legislative work to ensure the permanent restoration of the state of affairs in accordance with the Constitution. The justification for the resolution stated that during the previous two terms of the Sejm, “the public radio and television broadcasters and the Polish Press Agency fully fulfilled their mission and role, defined by law, and the social need for access to reliable, impartial information lost. , and this state of affairs continues to this day.”
The Ministry of Culture announced in a statement that, acting on the basis of the provisions of the Commercial Code, it dismissed the current chairmen of the boards of directors of Telewizja Polska SA, Polskie Radio SA and the Polish Press Agency on December 19, 2023 SA and the Supervisory Board. The minister has appointed new supervisory boards of the above-mentioned companies. Companies that have appointed new management boards.
President Andrzej Duda emphasized that the provisions of applicable law had been omitted.
In fact, the provisions of the applicable law were omitted, which constitutes a gross violation of the Constitution
– he pointed.
These are completely illegal actions. This is anarchy. Anarchy is the circumvention of the applicable law in a situation where, under the applicable provisions of the constitution, having a majority in parliament would normally allow it to be changed.
– emphasized President Andrzej Duda.
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Constitutionalist: Laws are not written during meetings
“Business Insider” asked Prof. about the legality of the actions of the Minister of Culture in the Tusk government. Ryszard Piotrowski, a constitutionalist from the University of Warsaw. The expert ruled that “the minister’s actions are not based on sufficient legal grounds”.
It was necessary to first implement the 2016 ruling of the Constitutional Court and only then to take action against the management and supervisory boards, but in accordance with applicable law. However, to this day no one has carried out this sentence
– said Prof. Piotrowski, recalling the 2016 ruling of the Constitutional Court regarding the deprivation of the National Broadcasting Council of participation in the appointment and dismissal of public media authorities as unconstitutional. He also pointed out that the delegation of this power to the National Media Council “is fraught with the disadvantage of the scope of unconstitutionality, as indicated by the Constitutional Court in the judgment on the law amending the Broadcasting Act.”
Firstly, it was necessary to amend the law insofar as this resulted from the Tribunal’s judgment (K 13/16) and to take into account the role of the National Broadcasting Council. The minister does not replace the National Council in its systemic role. It is the council that, according to the constitution, protects freedom of expression, the right to information and the public interest in radio and television broadcasting, and not the Minister of Culture.
– emphasized Prof. Piotrowski.
The expert emphasized that “the coalition can only operate within the limits set by the Constitution” and that the president’s position must be taken into account. Andrzej Duda wrote to Szymon Hołownia that the law had to be obeyed.
The current constitution sets the limits of government action, and laws are not made during election meetings. We need to change the law and do it in a decent and convincing way to get the president’s support
– noted the professor from the University of Warsaw.
The constitutionalist noted that the ruling coalition “can only act within the limits set by the Constitution.”
Therefore, the dissemination of information cannot be blocked by an arbitrary decision of the executive power, which is not based on sufficient, clear legal grounds. Moreover, in a democratic state governed by law, authorities cannot act arbitrarily and violate the dignity of citizens; public media journalists are not the property of the Ministry of Finance and cannot be treated as objects. They are not servants of the government; the minister cannot simply chase them away. The constitution does not allow this
– said Prof. Piotrowski in an interview for “Business Insider”.
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wkt/PAP/”Business Insider”
Source: wPolityce