Greek Council of State rules ERT closure constitutional

On 11 June 2013, the Greek government shut down ERT.

On 17 June 2013, following a petition by POSPERT, the Council of State ordered the suspension of the joint Ministerial Decision, exclusively with respect to the termination of the transmission of radio and TV programming, publishing, operation of websites and any other ERT operation until the establishment of a succeeding organisation. The suspension would not apply to the other provisions of the Ministerial Decision such as the transfer of all of ERT assets and liabilities to the State.

On 21 June 2013, the Suspension Committee provided a more detailed explanation of the above decision (Suspension Decision 236/2013).

POSPERT had argued that the ministerial decision should be annulled on the grounds that it was contrary to Article 15(2) of the Greek Constitution which, in the applicant's view, provides for the uninterrupted operation of a public broadcasting organization, Article 11 of the EU Charter of Fundamental Rights and Article 10 of the European Convention on Human Rights.

The Suspension Committee ruled that the POSPERTs arguments were not substantiated and, as a result, they could not justify the granting of the suspension of enforcement of the ministerial decision. The Suspension Committee upheld, however, the POSPERT's argument that ERT employees would suffer irreparable damage and, considering the principle of continuing operation of public services with which ERT employees were entrusted, it confirmed that there are reasons of public interest which impose primarily the continuance of providing radio, television and internet services until the establishment of the new organisation . However, the negotiations between the competent Vice-Minister and POSPERT on ERT's operation during the transitional period fell through.

Three weeks after the Suspension Committee published its decision, an interim broadcaster was established to comply with the interim order.

On 10 June 2014, the Court's definitive decision was published on its website and it confirms in its result the interim decision. With regard to the impact of the closure of ERT on media freedom and pluralism, the Court refers to the fact that ERT was shut down in order to establish a new public broadcasting organisation and that an interim public broadcaster was set up by the public authorities.

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