Does Public Entities' Institutional Autonomy 'Unlock' an ECHR Rights-Holder Status by Default? National Broadcasters' Locus Standi in the Croatian Radio-Television v. Croatia Case

On 2nd March 2023, the European Court of Human Rights delivered its judgment in the Croatian Radio-Television v. Croatia case, declaring – by a narrow majority – the application admissible under Article 34 of the European Convention on Human Rights (‘ECHR’), but unanimously holding that there has been no violation of Article 6(1) ECHR. Leaving aside the Court’s finding on the merits, the present decision has further unraveled crucial issues concerning public broadcasters’ classification as non- governmental organizations and their locus standi under Article 34 ECHR. Reiterating its well-established case-law on the matter, the Court clarified which are the criteria for assessing the true nature and powers of a given entity, despite its formal legal status. However, this case presented the ECtHR with a relatively new ‘dilemma’: should the attribution of convention rights to public broadcasters be considered implicit in the recognition of institutional autonomy at a domestic level, despite national courts systematically denying their right to lodge a constitutional complaint?