Opinia prawna dotycząca trybu pociągnięcia Przewodniczącego Krajowej Rady Radiofonii i Telewizji do odpowiedzialności przed Trybunałem Stanu w świetle Wyroku Trybunału Konstytucyjnego z dnia 16 lipca 2025 r., sygn. akt K 24/24
Legal Opinion on the Procedure for Holding the Chairman of the National Broadcasting Council Accountable Before the Tribunal of State in the Light of the Constitutional Tribunal’s Judgment of 16 July 2025, ref. no. K 24/24

Summary/Abstract: The purpose of this analysis is to examine the impact of the Constitutional Tribunal’s judgment of 16 July 2025 (ref. no. K 24/24) on the procedure for holding members of the National Broadcasting Council accountable before the Tribunal of State. In accordance with the relevant statutory provisions, a resolution of the Sejm of the Republic of Poland to hold particular persons accountable before the Tribunal of State results in the suspension of the persons concerned from their duties, and such a resolution concerning a member of the National Broadcasting Council is adopted by the Sejm by an absolute majority of votes cast in the presence of at least half of the statutory number of MPs. The Constitutional Tribunal found those provisions to be partially inconsistent with the Constitution of the Republic of Poland. The matter is currently of relevance, as proceedings are underway with regard to holding the former Chair of the National Broadcasting Council constitutionally accountable. The analysis leads to the conclusion that, despite the Constitutional Tribunal’s judgment of 16 July 2025, the challenged provisions have not ceased to have legal effect. The main reason for this is that the judgment has not been published in the Journal of Laws. Furthermore, the judgment was issued with the involvement of a person who was not authorised to adjudicate, and is therefore vitiated by a material legal defect.

• Details
• Contents