In a recent ruling, the Warsaw court has refused to register the liquidation of Polish Radio, initiated by Minister of Culture Bartłomiej Sienkiewicz in late December. The court deemed the minister’s actions unlawful, emphasizing that the establishment of this public media entity was mandated by law and its statutes were approved by the constitutional body, the National Broadcasting Council.
The court’s decision, published by Maciej Świrski, Chairman of the National Broadcasting Council, underscores the need for a thorough analysis of legal provisions, precedents, and doctrines due to the unprecedented nature of the case. Concerns are raised about the potential risk that each change in government might trigger discussions about liquidating public media.
The court argued that the legislator did not anticipate the current situation, specifically the call for the liquidation of public media, explicitly outlined in a law. Critics, including political figures like Mariusz Błaszczak and Kazimierz Smoliński, assert that the minister’s decision lacked legal grounds from the outset.
Implications and Next Steps
The court’s decision is not final, allowing for an appeal to the first-instance court and subsequently to the Warsaw Regional Court. The ruling has sparked widespread commentary, with some claiming that individuals overseeing the public radio unlawfully may face consequences.
As legal battles continue, questions arise about the future of public media governance and the implications of attempting to dismantle established entities based on changing political landscapes.