The rector-commandant of the Academy of Justice, Dr. Michal Sopinski, sent a letter to the Minister of Justice, Adam Bodnar, where he mentioned the current situation. The situation around public media. Sopinski recalled the statement of the Helsinki Foundation for Human Rights and the position of Bodnar himself when he was still the Commissioner for Human Rights and asked for a reference to them.
Confusion around public media
In his letter, the rector of AWS noted that in the current situation it is important to clarify “interpretative inconsistencies in the appointment and dismissal of public media bodies”. For this reason, Dr. Sofinski requests that the new Minister of Justice refer to the HFPW position of 16 September 2016, as well as letters from the Human Rights Commissioner, among others. Speaker of the Senate and the Ministry of Culture and National Heritage, since the period when this function was performed by Adam Bodnar.
In the HFPW letter regarding the creation of the National Media Council, it was emphasized that “the creation of a new public authority and the transfer of certain competences to it in the field of radio-television does not exclude the obligation to introduce the instruments of the legislator. which will enable the National Broadcasting Council to perform the functions defined by the Constitution”.
Sofinski also recalled a letter sent by Bodnar to the then Speaker of the Senate, Tomasz Grodzki, in which the Ombudsman drew attention to the decision of the Constitutional Tribunal of December 13, 2016 and indicated the need for legislative changes.
“As the Minister writes in the above mentioned letter dated February 9, 2017 addressed to the Minister of Culture and National Heritage on behalf of the Ombudsman (reference number: VII.603.1.2016.AG): “The full location of the National Broadcaster. The Council goes beyond the scope of the decision on who and “for how long he will be a member of the Management Board of Public Radio and Television Broadcasting or a member of the Supervisory Board, excludes the possibility of effectively performing the tasks assigned to the National Broadcasting Council by the Constitution of the Republic of Poland and requires legislative action to implement the decision of the Constitutional Tribunal.”
Bodnar: We are looking for a legal basis
how The media spreads the informationAdam Bodnar, as Prosecutor General, wants to take over all investigations and proceedings related to the takeover of TVP, Polskie Radio and PAP.
“The Minister of Justice also intends to fully control the civil proceedings on this topic, in which the prosecutor's office is involved,” reports one of the portals.
Recently, the statement of the Minister of Justice became known, who said in the context of the changes made in the public media that “we have a situation where we will restore this constitutionality and we are looking for a legal basis to do it.”
– I believe that the legal basis arising from the Code of Commercial Companies and the ownership situation in the context of Polish TV or Polish Radio is sufficient to implement these changes, Bodnar said.
The entire letter from the AWS Rector to the head of the MS
Below we publish the full letter of Dr. Hub. Adam Bodnar from the rector-commandant of the Academy of Justice, Dr. Michal Sopinski
Dear Minister!
Please accept my warmest congratulations on your appointment as Minister of Justice.
I am pleased that the professor, as a recognized representative of the Polish academic community, who has gained a wide reputation, including many years of work as the Commissioner for Human Rights, will strengthen the important role of the Polish justice system.
At this point, I would also like to wish the minister a lot of success, perseverance and good decisions in his position. I believe that the enormous trust shown to you by thousands of Poles in the Senate elections will be fully realized by the creation of new legal and legal solutions aimed at implementing the principle of the democratic state of law.
As the Rector-Commandant of the Academy of Justice, I would like to point out that the university under the supervision of the Minister of Justice, which educates both prison service officers and civilians, including jurisprudence, primarily aims to actively strive to strengthen the role of the Minister of Justice. Justice system in the Republic of Poland.
Currently, in the context of the widely understood principle of the rule of law, as well as the hierarchy of sources of law, an important issue is to explain the inconsistencies in the interpretation of the appointment and dismissal of the public media. Therefore, taking into account your previous experience, among others: as an ombudsman, as well as his work at the Helsinki Foundation for Human Rights, I would like to ask the Minister to refer to the positions expressed by the Helsinki Foundation for Human Rights in the letter of 16 September 2016, as well. In a letter addressed by the Human Rights Ombudsman to Mr. Tomasz Grodzki – Marshal of the Senate of the Republic of Poland (VII.603.1.2016.MAW) in the context of the decision of the Constitutional Tribunal of 13 December 2016 (reference number K 13/16) regarding the illegality of the appointment of management boards in the public media (under the Constitution of the Republic of Poland), as well as in subsequent letters sent by the Human Rights Commissioner to the authorities of public administration bodies. In this regard, among others, the Minister of Culture and Scientific Heritage (letter of the Minister as Commissioner for Human Rights dated January 21, 2019 to the Minister of Culture and Scientific Heritage, reference number: VII.603.1.2016.AJK).
The Helsinki Foundation for Human Rights, in its position of September 13, 2019, refers to the decision of the Constitutional Tribunal of December 13, 2016, No. 19. K 13/16, which was about the creation of the National Media Council – “The creation of a new public body and the transfer of certain competencies to it in the field of radio and television broadcasting does not cancel the legislator's obligation to introduce national instruments. The Broadcasting Council shall perform the functions defined by the Constitution”. However, some inconsistencies between the position of a few years ago and the current position are worth noting, because just a few days ago, the Helsinki Foundation for Human Rights, in its December 22, 2023 position regarding the existing legal conditions, noted that: “There is no doubt that the public media needs urgent and thorough reforms. We recognize that political and legal conditions make such reforms very difficult. However, we cannot help but notice that the initiation of changes in the public media raises serious legal doubts.
In addition, it should be considered, as he noted above the position of the Helsinki Human Rights Foundation, whether a representative of the government should be responsible for the dismissal and appointment of members of the governing bodies of radio and television broadcasting companies. The Foundation has made it clear that such activities may raise suspicions in light of the Council of Europe's standards. In accordance with the recommendations related to the guarantee of the independence of the public media, the procedure for determining the composition of these bodies should be sufficiently transparent and established in such a way as not to allow their use to have political influence on the activities of the public media.
In addition, it should be noted the letter addressed to the speaker of the Senate of the Republic of Poland mentioned above, in which the minister, still as an ombudsman, that is, as a body for the protection of constitutional rights and freedoms of citizens, draws attention to the above. The decision of the Constitutional Tribunal of December 13, 2016, including the need resulting from legislative changes. As the minister wrote in the mentioned letter of February 9, 2017, on behalf of the ombudsman, he addressed the Minister of Culture and National Heritage (reference number: VII.603.1.2016.AG): “The full location of the National Broadcasting Council is outside the scope of the decision, who and how. Long will be a member of the management board of public radio and television broadcasting companies, or a member of the supervisory board, excludes the ability to effectively perform the tasks assigned to the National Broadcasting Council by the Constitution of the Republic of Poland and requires legislative action to implement the decision of the Constitutional Tribunal.
In the statement of February 8, 2019, the minister, as the human rights commissioner, emphasized that Art. 21 of the Law of December 29, 1992 on Broadcasting, “Public television carries out a public mission towards the whole society and its individual parts, diversified programs and other services in the field of information, journalism, culture, entertainment, education and sports.” With pluralism, impartiality, balance and independence, as well as innovation, high quality and integrity of message. The situation of TVP is and should be the subject of public interest and public debate, and when justified – criticism. Only this can lead to the strengthening of the public mission carried out by TVP, which will positively affect the entire society.” As noted by the acting ombudsman, Hab. Markin Viacek in a statement of December 28, 2023 – “The legitimacy of the management and supervisory boards appointed after the decision of the Constitutional Tribunal of December 13, 2016 is based on an unconstitutional legal norm. This applies both to the bodies appointed by the National Media Council and the Minister of Culture and National Heritage.
I mention these statements because the minister has repeatedly pointed to the need for proper application of the law, including legislative actions that will lead to a state in which Poland will be not only a law-abiding, but a friendly state. its citizens. The words of the Minister in the March 2017 address of the Ombudsman are significant, where you expressed hope that the following words will reach all citizens: “Don't divide – unite, it will reach everyone who has or wants to influence reality. Around us, on implemented policies or created and applied laws.
Therefore, as the Rector-Commandant of the Academy of Justice, I will be glad if the Minister accepts my cordial invitation to give a special lecture to future lawyers – students of the Academy of Justice, on important legal issues, in particular, issues. To explain the constitutional principles and values, the phenomenon of instrumentalization of law and the question of the rule of law, including the interpretative inconsistencies regarding the appointment and dismissal of the public media from the point of view of Polish constitutionalism. Issues related to the constitutional and political principles of our country are extremely important for our students, who in the future will not only apply but also create the law. In addition, it will be important and valuable for the university to present these issues in the form of a lecture by the minister.
Undoubtedly, the comprehensive legal experience of the Minister will greatly contribute to the further development of the Academy of Justice. Therefore, please accept my sincere invitation and deliver a lecture to our students at your convenience.
Yours truly
Rector-Commandant Academy of Justice Dr. Michal Sopinski
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