Judgment Print

A member of the National Council of Radio and Television Broadcasting to be held accountable before the Tribunal of State K 24/24

Ref. No. K 24/24

JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND

Warsaw, 16 July 2025

The Constitutional Tribunal, composed of:

Stanisław Piotrowicz – Presiding Judge
Krystyna Pawłowicz
Bartłomiej Sochański 
Bogdan Święczkowski
Jarosław Wyrembak – Judge Rapporteur,

Recording Clerk – Agnieszka Krawczyk,

having considered, at the hearing on 10 July 2025 – in the presence of the applicants – the application by a group of Sejm Deputies, lodged with the Constitutional Tribunal for it to consider the conformity of:

(1) Article 7 of the Act of 26 March 1982 on the Tribunal of State (Journal of Laws – Dz. U.of 2022, item 762) – insofar as it concerns a preliminary motion to hold a member of the National Council of Radio and Television Broadcasting accountable before the Tribunal of State – to Article 213(1) of the Constitution;

(2) Article 8 of the Act on the Tribunal of State – insofar as it concerns a member of the National Council of Radio and Television Broadcasting – to Article 213(1) of the Constitution;

(3) Article 9d(1) of the Act on the Tribunal of State – insofar as it concerns the obligation of a member of the National Council of Radio and Television Broadcasting to appear before the Constitutional Accountability Committee – to Article 213(1) of the Constitution;

(4) Article 9g(2) of the Act on the Tribunal of State – insofar as it concerns the Constitutional Accountability Committee’s adoption of a report on holding a member of the National Council of Radio and Television Broadcasting accountable before the Tribunal of State – to Article 213(1) of the Constitution;

(5) Article 11(1), second sentence, of the Act on the Tribunal of State – insofar as it concerns a member of the National Council of Radio and Television Broadcasting – to Article 213(1) of the Constitution;

(6) Article 13(1a) of the Act on the Tribunal of State – insofar as it provides that a resolution to hold a member of the National Council of Radio and Television Broadcasting accountable before the Tribunal of State is to be adopted by the Sejm by a smaller majority than a majority of three-fifths of the statutory number of Sejm Deputies – to Article 213(1) and Article 156(2) of the Constitution;

(7) Article 127 of the resolution of 30 July 1992 – the Rules of Procedure of the Sejm[1] issued by the Sejm of the Republic of Poland (Official Gazette of the Republic of Poland – Monitor Polski of 2022, item 990, as amended) – insofar as it concerns the Constitutional Accountability Committee’s consideration of a preliminary motion to hold a member of the National Council of Radio and Television Broadcasting accountable before the Tribunal of State – to Article 213(1) of the Constitution,

adjudicates as follows:

1. Article 11(1), second sentence, of the Act of 26 March 1982 on the Tribunal of State (Journal of Laws – Dz. U. of 2022, item 762, as amended) – insofar as it concerns a member of the National Council of Radio and Television Broadcasting – is inconsistent with Article 213(1) and Article 198(1) of the Constitution of the Republic of Poland.

2. Article 13(1a) of the Act on the Tribunal of State – insofar as it makes reference to Article 1(1)(5) of the said Act – is inconsistent with Article 213(1) in conjucntion with Article 156(2) of the Constitution.

Moreover, the Tribunal decides:

to discontinue the proceedings as to the remainder.

The ruling was unanimous.

Stanisław Piotrowicz
Krystyna Pawłowicz
Bartłomiej Sochański 
Bogdan Święczkowski
Jarosław Wyrembak