Yes to the shutdown, no to the black screen: The Greek Council of State’s hesitant embrace of PSB Irini Katsirea, Middlesex University

Art. 14B of Law 3429/2005 on Public Companies and Organisations (DEKO) (1) By a joint decision of the Minister of Finance and the competent Minister: a) the societes anonyme under the name “Public Real Estate Company S.A, …., “Hellenic Radio Television S.A (ERT S.A)…may, if they burden the State Budget directly or indirectly or if they have a similar purpose or so as to restructure their operational costs aa) be abolished…

Joint ministerial decision no. 02/ “Dissolution of ERT S.A.” “The ERT S.A. burdens the State budget and it is necessary to restructure the operation and the organizational cost of the public broadcasting and television services through the establishment of a new organization, serving the mandates of the Constitution, the democratic, social and cultural needs of society as well as the need to insure polyphony in public media”.

The black screen

The draft Alivizatos Law of February 2012 An Independent Board whose members are appointed on merit. A strategic 10-year plan for the attainment of ERT’s objectives. However: three government ministers would constitute the General Assembly of ERT’s shareholders.

Outline Previous restructuring attempts The Greek Council of State (StE)’s suspension decision of June 2013 What future for ERT?

The Mossialos plan of August 2011 The reduction of ERT employees’ numbers. The reduction of ERT TV and radio channels. The shutdown of the Hellenic Audiovisual Institute and of the “Radiothleorash” magazine. The increase of ERT’s presence on the internet. However: resistance by political parties and by POSPERT.

The Greek Council of State (ΣτΕ)’s decision of June 2013

Art. 52 (6) of Presidential Decree 18/1989 Suspension of the implementation of the challenged administrative act may only be granted if, as a result of enforcement, the complainant may suffer damage, which is irreparable or may only be redressed with difficulty if the Act is eventually annulled.

The arguments of the applicants The ministerial decision is contrary to: –Art. 15 (2) of the Constitution: uninterrupted operation of a public broadcasting organization –art. 11 of the European Social Charter on freedom of speech –the Charter of Fundamental Rights of the E.U. –The Amsterdam Protocol –Art. 10 of the European Convention on Human Rights –the right to be heard –Art. 25 (1) of the Constitution: proportionality

Yes to the shutdown These reasons “do not appear as substantiated and therefore they cannot justify the granting of the suspension of enforcement of the ministerial decision in question.” The decision is issued “according to the conditions of Art. 14 B par. 1 of Law 3429/2005 for reasons of public interest, which,…, do not allow the granting of a suspension, regardless of the moral and financial damages of applicants.”

No to the black screen The decision causes irreparable damage, because, even temporarily, public broadcasting and similar internet services are no longer provided. In view of PSB’s special role, also protected by Art. 15 (2) of the Constitution, it is necessary, to maintain the principle of continuing operation that governs public administration. The decision is suspended only in so far as it provides the stopping of radio, TV and internet services and the deactivation of ERT frequencies.

Councilor Karamanof’s minority opinion The abolishment of ERT without the simultaneous establishment of the new organization, may most probably have as a consequence that ERT will lose the rights and obligations, which it could exercise during the period until the establishment of the new organization. It is probable that the applicants will suffer irreparable damage. The enforcement of the entire decision must be suspended.

What future for ERT? (1) The Council of State’s judgement needs to be complied with without delay. The ERT vs. PSB dichotomy is problematic. How can PSB resume its operation when ERT, its sole provider, has been abolished? The provisional re-establishment of the status quo ante is the only viable solution.

What future for ERT? (2) Initially: ERT was only available online. EBU provided technical support for the transmission of the Greek signal. Since yesterday a new provisional ‘Greek Public (State?) Television’ transmits a signal from a private studio without a licence.

A correct implementation οf ΣτΕ’s decision?