It is clear that the power grab in the public media was a clear violation of the law. Lawyers and many Polish judges know this and because they do not want to participate in the political struggle, they write about it anonymously or use their social media profiles. At the same time, this increases the temptation to helplessly conclude that ‘the law shrinks from violence’. It’s the exact opposite. This can be proven by judges of the District Court of the capital Warsaw, of the 13th Commercial Division of the National Court Register.
They will be the ones who will assess the request that Maciej Świrski submitted to the National Court Register. It demands the refusal to register in the register of illegal “authorities” of TVP, the Polish Radio and the Polish Press Agency.
The conclusion of the head of the National Broadcasting Council is clear to any lawyer. Bartłomiej Sienkiewicz, by waving an illegal Sejm resolution on public media that had no legal consequences, could not effectively take over the public media. He broke the law and desperately tried to get around it. He also paid no attention to the protection offered by the Constitutional Court with regard to the media. Not to mention the rude procedures, because in 107 minutes Colonel Sienkiewicz wanted to stage an illegal coup. We already know all this.
However, we do not know how the judges of the Third Division of the Warsaw District Court will behave. And they can only behave as Maciej Świrski concludes. Why? Because the case of the request of the Chairman of the National Broadcasting Council is very simple and a second-year student at the Faculty of Law and Administration of any university in Poland would not have any problem with it.
So much for the theory. But I know what judges are afraid of. The ‘Entry’ group includes influential representatives of the ‘Free Courts’ and an environment that has been poisoning judicial independence for years. But you can’t be afraid of them! Openly breaking the law and taking the ideologically easy path is a path that will not lead you to anything good. You will only become tools in the hands of politicians and shady people who try to wrestle with the media, which is owned by the entire nation. Remember, it is the nation that will one day hold you accountable. He will send you an invoice.
Today you can no longer use the excuse that “the complexity of the problem makes it difficult for you to evaluate it.” This must be clear. Polish and foreign media are already talking about it. President Andrzej Duda, the guardian and guarantor of the constitution, also clearly expressed his doubts.
You don’t have to do much, no one expects from you the heroism shown by the TAI authorities, the journalists of the free private media who support them and the thousands of Poles who are fighting the regime today. Apply the law and the Constitution and be faithful to the principles of judicial independence and apoliticality. If you betray this, you will cease to be a judge and become merely a helper of a stupid regime. You will sit among Belarusian judges. I know you don’t want that.
Source: wPolityce