Polish top court rejects government plan to overhaul public media

The Constitutional Tribunal in Poland rejected the plans to liquidate the state radio, television, and news agency on Thursday, deeming them illegal. This comes after the new pro-EU coalition government accused these outlets of being propaganda tools for the previous right-wing administration. The ruling highlights the challenges faced by Prime Minister Donald Tusk’s coalition in rolling back reforms introduced by the previous Law and Justice (PiS) cabinet.

Following the ruling, Poland’s culture ministry declared the decision invalid due to irregularities in the appointment of the Tribunal’s judges, who were all appointed under PiS. This has further intensified the conflict between the Tusk government and supporters and allies of the former ruling party, including President Andrzej Duda.

The ministry also cited past resolutions by the European Court of Human Rights, stating that the Tribunal is currently not an independent and impartial court, thus questioning the universally binding force of its rulings. This has added to the legal confusion, and the resolution of the situation remains unclear at the moment.

The Tribunal’s ruling stated that decisions regarding public broadcasting companies should be based on the Broadcasting Act, not the Code of Commercial Companies, illustrating that the minister’s decisions were invalid. Additionally, it asserted that the right to dismiss members of the management of state media outlets lies solely with the National Media Council, an institution created under PiS and manned by several of its current or former lawmakers.

The government accuses PiS of appointing its supporters to courts, regulatory bodies, and other institutions during its eight-year rule, drawing criticism from the European Union over rule of law concerns. As a result, the EU froze billions of euros in funds earmarked for Poland, and PM Tusk is determined to reverse the PiS government’s judicial reforms to unblock the frozen funds.

Despite doubts about the validity of verdicts issued by the current Tribunal lineup, some legal organizations question the legality of the ministry’s moves on public media, including the Helsinki Foundation for Human Rights.

In December, Poland’s culture minister announced the intention to liquidate the state television, radio, and news agency after President Duda vetoed the government’s spending plans for public media financing. These outlets continue to function, but with new programs and journalists, while the government plans to recreate them as new legal entities under fresh management after liquidation.

The clash over the government’s right to liquidate the public media companies is one of many conflicts between the current and previous administrations. This includes former PiS ministers being jailed for abuse of power and going on hunger strike, which the current government dismisses as nonsense as it aims to bring Poland back into line with EU democratic standards. The decision-making between the government and the previous administration remains a point of contention in Poland.

(Reporting by Anna Wlodarczak-Semczuk; Editing by Gareth Jones)