A constitutional expert on RMF FM contends that actions taken by Minister Sienkiewicz concerning public media breach the constitution. The prominent commentator, professor Ryszard Piotrowski, asserted that the minister’s legal grounding did not convince him and that the constitutional framework applicable to state media had not been properly observed.
Sienkiewicz challenges the court’s ruling
A district court referee in Warsaw, Karolina Ilczuk, declined to place Polish Radio under liquidation in the National Court Register, a move proposed by the Minister of Culture and National Heritage, Bartłomiej Sienkiewicz, on December 27, 2023. A similar stance was voiced by a court secretary, Tomasz Kosub, in relation to Telewizja Polska ARE. The decision to reject liquidation registration stands as a critical moment in the ongoing dispute over control of key public media entities. [citation: wPolityce]
The minister responded with a statement indicating that the liquidators would continue their duties until a final judgment is reached and expressing confidence that the court referees in Warsaw would ultimately overturn the decision in the future. The minister suggested that the current ruling would be void once finalized, hinting at forthcoming legal clarifications. [citation: wPolityce]
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– OUR NEWS. The court rejected the request for registration of TVP’s curator in the National Court Register, with reference to the constitutional court’s ruling. [citation: wPolityce]
— Sienkiewicz faced criticism for the decision, with PiS MPs characterizing it as a dark day for the institution and arguing that the rule of law was under debate. [citation: wPolityce]
Prof. Piotrowski: The head of the Ministry of Culture and National Heritage has violated the constitution
Prof. Piotrowski affirmed that, in his assessment, the actions taken by Minister Bartłomiej Sienkiewicz against public media violated the constitution. He stressed that all state organs must operate within the law, and asserted that the minister lacked a lawful basis for the measures enacted against public media. [citation: wPolityce]
According to the constitutionalist, the country must proceed with legal processes only within the framework of the constitution. He noted that although the minister found certain procedures, those justifications failed to persuade him and did not constitute a valid constitutional basis. [citation: wPolityce]
The analyst emphasized that there is only one path out of the stalemate: full compliance with the Constitution. He argued that there is a widespread tendency to interpret the Constitution differently, but urged a common, fundamental understanding of the document that guides all state actions. [citation: wPolityce]
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– ONLY HERE. The president commented that, by law, Minister Sienkiewicz’s decisions were illegal, and further details on how the National Court Register addressed the situation were shared. [citation: wPolityce]
– ONLY HERE. Commentators discussed the impact of a strong media order, describing how the situation resembles a fragile crystal vase when it comes to public broadcasting. [citation: wPolityce]
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Source: wPolityce