The Act amending the Broadcasting Act K 13/16
Ref. No. <link s k-1316>K 13/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 13 December 2016
The Constitutional Tribunal, in a bench composed of:
Andrzej Rzepliński – Presiding Judge
Leon Kieres
Stanisław Rymar
Piotr Tuleja
Marek Zubik – Judge Rapporteur
Grażyna Szałygo – Recording Clerk,
having considered – at the hearing on 13 December 2016, in the presence of the applicants – the following joined applications:
1) the application submitted by the Polish Ombudsman to determine the conformity of:
a) Article 1(2)(a) in conjunction with Article 2 and Article 4 of the Act of 30 December 2015 amending the Broadcasting Act (hereinafter: the Amending Act of 30 December 2015; Journal of Laws – Dz. U. of 2016, item 25) – insofar as it shortens the ongoing term of office of a relevant company’s management board – to Article 2 in conjunction with Article 14 of the Constitution of the Republic of Poland;
b) Article 1(2)(b) of the Amending Act of 30 December 2015 – insofar as it amends Article 27(3) of the Broadcasting Act of 29 December 1992 (Journal of Laws – Dz. U. of 2015, item 1531, as amended) – to Article 213(1) in conjunction with Article 14, Article 54(1), Article 61(1) and Article 31(3) of the Constitution as well as Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950 (Journal of Laws – Dz. U. of 1993, No. 61, item 284, as amended), and Article 11 of the Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391),
c) Article 1(3)(c) of the Amending Act of 30 December 2015 – insofar as it adds Article 28(1e) to the Broadcasting Act of 29 December 1992, to Article 213(1) in conjunction with Article 14, Article 54(1), Article 61(1) and Article 31(3) of the Constitution as well as Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 11 of the Charter of Fundamental Rights of the European Union,
d) Article 1(3)(d) in conjunction with Article 2 and Article 4 of the Amending Act of 30 December 2015 – insofar as it shortens the ongoing term of office of a relevant company’s management board – to Article 2 in conjunction with Article 14 of the Constitution,
e) Article 3 of the Amending Act of 30 December 2015 to Article 2 of the Constitution,
f) Article 4 of the Amending Act of 30 December 2015 – insofar as it does not provide for an appropriate period of vacatio legis – to Article 2 of the Constitution,
2) the application submitted by a group of Sejm Deputies to determine the conformity of the Amending Act of 30 December 2015 to Article 2 in conjunction with Article 10, Article 14, Article 54(1) in conjunction with Article 31(3), Article 119(1) and Article 213(1) of the Constitution as well as to Article 10(1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms, or to determine the conformity of:
a) Article 1(1) and Article 1(3)(a)-(d) of the Amending Act of 30 December 2015 to Article 2, Article 10, Article 14, Article 54(1) in conjunction with Article 31(3) and Article 213(1) of the Constitution as well as Article 10(1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms,
b) Article 1(2)(a)-(c) of the Amending Act of 30 December 2015, amending Article 27 of the Broadcasting Act of 29 December 1992, to Article 2, Article 10, Article 14, Article 54(1) in conjunction with Article 31(3), Article 213(1) of the Constitution as well as Article 10(1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms,
c) Article 1(4) and Article 2(4) and (5) of the Amending Act of 30 December 2015 to Article 2, Article 10, Article 54(1) in conjunction with Article 31(3) and Article 213(1) of the Constitution as well as Article 10(1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms,
d) Article 1(5) in conjunction with Article 1(2)(b) of the Amending Act of 30 December 2015, amending Article 30(3) and Article 27(3) of the Broadcasting Act of 29 December 1992, to Article 2, Article 10, Article 14, Article 54(1) in conjunction with Article 31(3) and Article 213(1) of the Constitution as well as Article 10(1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms,
e) Article 2(1)-(3) in conjunction with Article 1 of the Amending Act of 30 December 2015 to Article 2, Article 7, Article 10, Article 14, Article 54(1) in conjunction with Article 31(3) and Article 213(1) of the Constitution as well as Article 10(1) and (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms,
f) Article 3 of the Amending Act of 30 December 2015 to Article 2, Article 64(1) in conjunction with Article 31(3) of the Constitution,
g) Article 4 of the Amending Act of 30 December 2015 to Article 2 of the Constitution,
adjudicates as follows:
1. Article 1(1) of the Act of 30 December 2015 amending the Broadcasting Act, hereinafter: the Amending Act of 30 December 2015 (Journal of Laws – Dz. U. of 2016, items 25 and 929) is consistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
2. Article 1(2)(a) of the Amending Act of 30 December 2015 is consistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
3. Article 1(2)(b) of the Amending Act of 30 December 2015 – insofar as, in Article 27(3) of the Broadcasting Act of 29 December 1992, it excludes the involvement of the National Broadcasting Council in the procedure for appointing and dismissing management board members of state-owned broadcasting companies – is inconsistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
4. Article 1(2)(c) of the Amending Act of 30 December 2015:
a) insofar as it repeals Article 27(5) of the Broadcasting Act of 29 December 1992, is consistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
b) insofar as it repeals Article 27(6) of the Broadcasting Act of 29 December 1992, is inconsistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
5. Article 1(3)(a) of the Amending Act of 30 December 2015:
a) insofar as, in Article 28(1) of the Broadcasting Act of 29 December 1992, it repeals the recruitment procedure for appointing management board members in state-owned broadcasting companies and criteria that need to be met by candidates for members of such boards, as well as it decreases the number of members of a given management board to three persons, is consistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
b) insofar as, in Article 28(1) of the Broadcasting Act of 29 December 1992, it excludes the involvement of the National Broadcasting Council in the procedure for appointing and dismissing management board members of state-owned broadcasting companies, is inconsistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
6. Article 1(3)(b) of the Amending Act of 30 December 2015:
a) insofar as it repeals Article 28(1b) and (1c) of the Broadcasting Act of 29 December 1992, is consistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
b) insofar as it repeals Article 28(1d) of the Broadcasting Act of 29 December 1992, is inconsistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
7. Article 1(3)(d) of the Amending Act of 30 December 2015 is consistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution;
8. Article 1(4) of the Amending Act of 30 December 2015, which repeals Article 29(3) of the Broadcasting Act of 29 December 1992, is inconsistent with Article 213(1) in conjunction with Article 14 and Article 54(1) of the Constitution.
Moreover, the Tribunal decides:
pursuant to Article 40(1)(1) and Article 40(1)(3) of the Constitutional Tribunal Act of 22 July 2016 (Journal of Laws – Dz. U., item 1157), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Andrzej Rzepliński
Leon Kieres
Stanisław Rymar
Piotr Tuleja
Marek Zubik