La Corte costituzionale dovrebbe valutare l'emendamento della legge RTVS come conforme alla Costituzione

After more than two years of waiting, the Constitutional Court has finally issued its decision on the amendment to the Radio and Television Slovenia Act (RTVS). The court ruled that the new law, which introduced a revised management structure for RTVS, is consistent with the constitution. This conclusion marks the end of a prolonged legal process that began in December 2022 when the amended law came into effect following a referendum held in November 2022.

The constitutional challenge was initiated by individuals who had previously served as members of the program committee and the supervisory board of RTVS. Among them was Peter Gregorčič, who had been the president of the previous program committee. They argued that the amendments had led to premature termination of mandates for several officials, including the general director and directors of radio and television. In addition, they requested a temporary suspension of the implementation of the amendment until further review could take place.

In February 2023, the Constitutional Court temporarily suspended parts of the amendment, specifically sections 24 and 25, as well as part of section 23, which dealt with the formation of a new council, drafting a new statute, and appointing the chairman and members of the management board. However, this suspension did not prevent the ongoing procedures for forming new bodies, but it halted the final establishment of the council.

By May 26, 2023, the court lifted the suspension, stating that a quick content-based decision would not be possible due to differing opinions among seven judges and justices. At that time, the composition of the Constitutional Court had already changed. There were nine judges in total, but some had been excluded from the decision-making process. Roka Čeferina was removed because her law firm, which she co-founded, collaborates with the public administration of RTVS. Similarly, Neža Kogovšek Šalamon was excluded due to her involvement with the Institute for Peace, which participated in the referendum campaign supporting the amendment.

Following the lifting of the suspension, the court continued its proceedings. According to reports from the Info360 portal, the judges have until July 20 to prepare any separate opinions. During this period, there may be a vote on individual judges' positions, allowing for potential changes in the outcome. The court’s final ruling, which declared the amendment to be in accordance with the constitution, was made on Thursday, though the exact date remains unspecified in the available records.

This decision brings closure to a complex and lengthy legal battle that has spanned over two years. It also highlights the procedural challenges faced by the Constitutional Court, particularly regarding the internal dynamics and changing composition of its bench. While the ruling affirms the legality of the amendment, it does not resolve all concerns raised by the petitioners, who continue to seek clarification on specific aspects of the law's impact on RTVS governance.

Looking ahead, the focus will likely shift towards implementing the new management structure outlined in the amendment. The newly formed bodies, including the supervisory board and management board, will need to be established according to the provisions set forth in the law. As the process moves forward, stakeholders within RTVS and the broader media landscape will monitor how these changes affect the organization’s operations and independence. The resolution of this case underscores the importance of judicial oversight in shaping public institutions and ensuring compliance with constitutional principles.