Modifications to the Composition and Functioning of the National Broadcasting Council

No. K 4/06 (2006)

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Modifications to the Composition and Functioning of the National Broadcasting Council

Poland Constitutional Tribunal
No. K 4/06 (2006)

KS

Facts

In Poland, the National Broadcasting Council (the council) possessed substantial power to regulate all electronic media. During the 2005 parliamentary and presidential elections, the council was criticized by opposition party members and the public. After the election, members of the Sejm, the first chamber of the Polish parliament, drafted a legislative procedure to implement radical changes at the council. The Transformations and Modifications to the Division of Tasks and Powers of State Bodies Competent for Communications and Broadcasting Act of 29th December 2005 (the 2005 act) was quickly passed by both chambers of parliament, signed by the president, and published. The Commissioner for Citizens’ Rights (plaintiff) challenged the constitutionality of the 2005 act on multiple grounds, including that parliament’s quick passage of the law failed to comply with the urgent legislative procedures enshrined in the Polish constitution. Under the constitution, an urgent legislative procedure required that the Council of Ministers draft legislation that was then considered by the parliament.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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