PiS Members made a request
Earlier in December 2023, Members of the Law and Justice organization (PiS) made a proposal on this matter.
The ruling lineup was attended by: Julia Przyłębska, Krystyna Pawłowicz (who reported a separate sentence), Stanisław Piotrowicz, Bogdan Święczkowski and Jarosław Wyrembak. The presence of Jarosław Wyrembak, a alleged double judge, became an crucial issue, which, according to any observers, places the Court's decision on a serious legal defect.
The decision of the Court may affect the approval of the winding-up of public broadcasting companies in registered courts. Members of the Law and Justice have requested an examination of the compatibility of Article 26(4) of the Broadcasting Act with the Constitution. This article refers to the application of the Commercial Companies Code rules on the liquidation of media companies.
The Court decided to discontinue proceedings concerning the application of the provisions of the Commercial Companies Code allowing the Boards to be dismissed by the General Assembly. However, as regards the usage of decommissioning rules, The Court found this to be incompatible with the Constitution.
