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The National Broadcasting Council passed a resolution, then extended the TVN24 license. Professor Artur Nowak-Far comments

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According to professor Artur Nowak-Far, the resolution of the National Broadcasting Council adopted on Wednesday is “an announcement of certain initiating actions to be taken by the chairman of the National Broadcasting Council”. The resolution was passed before the TVN24 license extension was voted on. Former undersecretary of state at the Ministry of Foreign Affairs, asked in the program “Yes, it is” whether the resolution may lead to a change in the law by the Constitutional Tribunal, giving the National Broadcasting Council the possibility of withdrawing the extended license, replied: – Yes, exactly.

The National Broadcasting Council on Wednesday extended the license for TVN24, which was announced in the evening by the spokesman of the Council, Teresa Brykczyńska. The station has been waiting for the license extension for over a year and a half. The spokeswoman remarked that before the vote, the Council unanimously adopted a resolution “on taking measures to organize the principles of broadcasting radio and television programs in Poland in the scope of the activities of entities from outside the European Economic Area”. Brykczyńska said before the vote that “without this resolution, the National Council (Radio and Television – ed.) Will not vote on the license issue”.

Professor Artur Nowak-Far from the Warsaw School of Economics, former Undersecretary of State in the Ministry of Foreign Affairs, commented on this situation in “Yes,” on TVN24.

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Nowak-Far on the resolution of the National Broadcasting Council: this document is an announcement of certain initiating actions

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– It seems to me that this document is an announcement of certain initiating actions to be taken by the chairman of the National Broadcasting Council. And they go in two directions – as I understand this resolution – he said.

– They are going in this direction in order to change article 35 (the Broadcasting Act – editorial note), which concerns the rules for granting concessions, and (they go in – editor’s note) the second initiative – it is not necessarily very consistent with in this context, I wanted to distance myself from it – that is, to persuade authorized entities to submit (…) an application to the Constitutional Tribunal for constitutional control of these solutions concerning concessions – said Nowak-Far.

According to him, “each of these actions will have specific consequences, of which it seems to me that the latter is the more dangerous and easier to interpret.” – Because if the Constitutional Tribunal decides that a given solution is unconstitutional, then it will have the consequences specified by the Constitutional Tribunal. They can be unpleasant for TVN24 – commented the guest “Yes,”.

READ MORE: TVN24 granted the license in accordance with the regulations. We present legal opinions

When asked if this meant that the resolution could lead to a change in the law by the Constitutional Tribunal, giving the National Broadcasting Council the possibility of withdrawing the extended license, he replied: – Yes, exactly.

– And it is quite puzzling, however, what is missing in this resolution. Because this resolution lacks any reference to EU law. EU law allows for such different solutions regarding participation requirements and so on, he added.

>>> Resolution of the National Broadcasting Council on taking actions aimed at organizing the rules of broadcasting radio and television programs in Poland

Main photo source: TVN24



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