On 17 June 2013, the Chairman of the Greek Council of State took a (first) interim decision, partly reversing the closure of ERT by the government, which was confirmed and clarified by the Suspension Committee of the Council of State in a (second) interim decision on 20 June 2013.

The decisions:

• Suspended the part of the joint ministerial decision of 11 June 2013 (on the closure of ERT and its replacement by a new entity) which stopped the radio and television broadcasting of ERT and the operation of its internet sites, and
• Ordered the two ministers to take all necessary organizational measures as soon as possible for the continuation of radio and television broadcasting as well as the operation of the internet sites, including the hiring of the necessary personnel for the broadcasting by an interim public organization, until a new organization is established to serve the public interest.

This decision came after POSPERT, the trade union representing ERT employees, submitted an application before the Council of State to cancel the joint ministerial decision closing ERT.

Due to the urgency of the matter, the Court issued an interim order on a summary basis until the Court decides the matter on its merits; a public hearing is currently scheduled for 27 September 2013 and a detailed judgment with full reasoning is expected to follow thereafter.

The Court considers that the (temporary) closure of the radio, television and internet services would provide irreparable damage and would be incompatible with the principle of continuing operation of public services as guaranteed by the Greek Constitution.

First comments

The huge mobilization, not only in Greece but all across Europe, provoked by the government's decision to close down ERT clearly demonstrates that PSM is an indispensable asset of European societies, of European democracy, as well as of media pluralism and cultural diversity in Europe. The dual broadcasting systems found in practically all European countries are the cornerstone of the European audiovisual model.

There is a close link between PSM and human rights. The way in which individual states exercise their power in relation to PSM is no longer a purely internal or national matter. As the examples of Hungary, Portugal and now Greece have shown, national governments increasingly come under public scrutiny, including from the outside, as regards their policies towards PSM. The European Parliament has become very quick to express its views on developments at the national level which threaten PSM, or media freedom and pluralism in general. The Belet report published in 2012 ("Public service broadcasting in the digital era: the future of the dual system") was the first clear sign of this trend, which has now become a constant feature of the work of the Parliament.

Over the past few years, administrative and constitutional courts at the national level have also taken important decisions to build safeguards for independent and pluralistic public broadcasting systems. The European Court of Human Rights, in its Manole decision of November 2009, found that Moldova had failed to ensure the independence of the state-owned broadcaster TRM, thus breaching its positive obligation under Article 10 of the European Convention on Human Rights.

A decision in the main proceedings by the Greek Council of State is not expected before the autumn, but the interim decision itself already contributes to the building of consistent constitutional case law on PSM, and in particular on the need for continuity of public media services.

Background information

An overview of the current case law on the human rights and constitutional law dimension of PSM is provided in a 2012 study by the Institute of European Media Law (EMR), Saarbrücken/Brussels, for the EBU.