Attack on the public media
The Ombudsman, Professor Marcin Wiącek, underscored the need for a clear public explanation from the Ministry of Culture and National Heritage regarding why the minister could claim authority to appoint supervisory boards for public radio and television entities. This perspective emerged in an interview with a Polish news outlet.
The Ombudsman recalled a December 2016 Constitutional Court ruling, which many cited to justify the ministerial power. The court’s decision noted concerns about appointing councils and boards by the government or its members without the involvement of the National Broadcasting Council. While the ruling affirmed that the existing legal framework was unconstitutional, it also clarified that appointments should not be made by the government alone, without participation from the National Broadcasting Council. This interpretation implies a need for the Media Act to be amended to ensure that media company bodies are appointed in a manner that preserves independence from political authorities.
– he pointed out.
Attack on the National Council for the Judiciary
In addition to media governance concerns, Prof. Wiącek was asked about proposed changes to the National Council for the Judiciary. Questions were raised about the legality of nullifying judicial appointments made after 2018. The Ombudsman stated that annulling those appointments would be unlawful under current legal principles.
According to Article 180, Section 2 of the Constitution, a judge can be removed from office only through a judicial decision based on applicable law. Therefore, a legal provision that broadly invalidates judicial appointments cannot operate in harmony with the Constitution. The removal of a judge should result from a judicial decision after a specific case is reviewed, and not by a decision of the parliament.
– reviewed by Prof. Wiącek.
MP Andrzej Śliwka commented on the Ombudsman’s statement via a social media platform.
I would add that the Rzepliński Constitutional Tribunal acted at the request of Bodnar. Now, there is a call for accountability from the political coalition to withdraw from actions deemed illegal, as indicated on the social channel.
– he wrote.
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Source: wPolityce