After Prof. Tadeusz Kowalski stated on Radio Trójka a few days ago that the chairman of the National Broadcasting Council was acting illegally in his opinion, the council issued a statement in which it accused the member of using “false and defamatory” words, and that transferring subscription funds to court deposits is legally permissible. “By filing for the rejection or dismissal of applications for consent to deposit money, the liquidators themselves blocked the possibility of releasing it, because some courts decided to dismiss or reject these applications on this basis. In contrast, other courts accepted the funds for deposit and have already transferred them to authorized persons,” reads the position of the National Broadcasting Council.
Tadeusz Kowalski responds to the statement of the National Broadcasting Council
On Monday, Prof. Tadeusz Kowalski sent Wirtualne Media a commentary on the matter. In the text entitled: “Can public media companies in liquidation actually, as the Chairman of the National Broadcasting Council claims, receive money directly from court deposits to which the National Broadcasting Council transfers it? – a case study” we read, among other things, that the District Court for Kraków-Krowodrza rejected the motions of the chairman of the council to deposit funds from the RTV subscription fee in the court depository on March 14, April 24, April 30 and June 7, 2024. “The Chairman of the National Broadcasting Council files complaints against all of these decisions, therefore, until their final judgment, the President of the Court has no legal basis to pay the money to the radio station or return the indicated funds to the account of the National Broadcasting Council” – we read in the content of Tadeusz Kowalski’s statement.
The KRRiT member also added that the court rejected the application to deposit funds that were to be transferred to the Polish Radio in Katowice in liquidation. “In its justification, the Court stated, among other things, that the analysis of the constitutional and procedural provisions leads to the conclusion that the body, which is the Chairman of the KRRiT, does not have judicial or procedural capacity, and therefore cannot be a party to civil proceedings, and the application submitted by him cannot be substantively considered. In the opinion of the court registrar, the position of the participant in the proceedings is also correct, according to which the jurisdiction of a common court is excluded in matters covered by the Act on Subscription Fees, because the redistribution of funds from the KRRiT is a statutory obligation, the implementation of which is of a public — not civil — nature. The decision of 29 March 2024 is final,” added Tadeusz Kowalski.
Source: Gazeta
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