“The Ministry of Culture and National Heritage should explain to the public why the minister was considered to have the power to appoint supervisory boards of public radio and television companies,” said the Ombudsman, Prof. Marcin Wiącek in an interview with Niezalezna. pl.
Attack on the public media
The Ombudsman recalled that the judgment of the Constitutional Court of December 2016, cited by so many people who sought to justify the decision of the Minister of Culture, “appointment of councils and boards by the government or its members, without the participation of the National Broadcasting Council”.
It is true that the Constitutional Court’s judgment of December 2016 indicated that the current legal regime was unconstitutional. However, this judgment also excluded the appointment of councils and boards by the government or its members, without the participation of the National Broadcasting Council. Therefore, the Media Act must be immediately amended in the direction indicated by the Constitutional Court – so that the bodies of media companies are appointed in a way that guarantees their independence from the political authorities.
– he pointed out.
Attack on the National Council for the Judiciary
Prof. Wiącek was also asked about the announced changes in the National Council for the Judiciary. Will the “nullification” of judicial appointments made after 2018 be legal? The Ombudsman stated that “the annulment of judicial appointments would be unacceptable by law.”
However, in accordance with art. 180 section 2 of the Constitution, a judge can only be removed from office by a judicial decision based on a law. Therefore, a provision of the law which invalidates judicial appointments generally cannot operate in accordance with the Constitution. Removing a judge from office may be the result of a judicial decision taken after examining an individual case – and not by parliament
– reviewed Prof. Wiątek.
MP Andrzej Śliwka commented on the Ombudsman’s statement on Platform X.
I will add that the Rzepliński Constitutional Tribunal spoke at the request of Bodnar. And now, #Koalicja13December, please apologize and withdraw from illegal actions
– He wrote.
kk/Niezalezna.pl,X
Source: wPolityce