XHABIR DERALLA
Institutions can function lawfully and in the interest of citizens only when laws are good and adopted and implemented in a timely manner. In order for institutions to be effective and to ensure democracy and the rule of law, a minimum of normal functioning of Parliament is needed.
Obstructions, blockades and careless attitude towards the institutions and the legal regulation undermine the rule of law and disable the institutions.
Illustration of the non-functioning
An illustration of the non-functioning of parliament in an exceptionally important area – the media – is the case with the Agency for Audio and Audiovisual Media Services, namely, the election of members of the Council and director of this institution, as well as members of the Program Council and director and deputy director of the Macedonian Radio Television.
The delays, obstructions and blockades are lasting for more than two years on these important issues. Hence, directly violating several legal provisions.
What do the legal provisions say?
According to Article 43 of the Law on Audio and Audiovisual Media Services, members of the Council, director of AAAMS, members of the Program Council, director of MRT and its deputies, perform their position until their election in parliament.
Article 43
(1) Existing members of the Council and the director of the Agency for Audio and Audiovisual Media Services, as well as members of the Program Council and director and deputy director of MRT shall perform their function until the election of members of the Council and director of the Agency for Audio and Audiovisual Media Services, as well as members of the Program Council and director and deputy director of MRT.
But that cannot last indefinitely.
According to Article 20, paragraph 4 of the same law, if the mandate of the director has terminated, and the procedure for election of a director is not completed, the director continues to perform the function until the election of a director, but no longer than six months.
Article 20
(4) If the mandate of the director has ended, and the procedure for election of a director is not completed, the director continues to perform the function until an election of a director is not completed, but no longer than six months.
The mandates of the officials of these institutions, AAVMS and MRT, have terminated, after using possible and impossible administrative and legal “gaps’ for keeping the position.
In order for everything to be in accordance with the legal provisions, to elect a director of the AAVMS, the new composition of the Council of this institution needs to be elected. This is what the law on AAAMS says:
Article 43
(4) The Council of the Agency for Audio and Audiovisual Media Services and the Program Council of MRT pertaining to paragraph (3) of this law will decide on announcing public competitions for election of a director of the Agency for Audio and Audiovisual Media Services, director and deputy director of MRT within 15 days of the day of adopting the rules of procedure. The election of the director of the Agency for Audio and Audiovisual Media Services, director and deputy director of MRT will be conducted in accordance to the provisions of this law and rules of procedure for the work of the Council of the Agency for Audio and Audiovisual Media Services and the Program Council of MRT.
Let’s remind, the laws are voted on in parliament.
Started, unfinished
According to legal experts, with the amendments to the Law on the AAAMS of 2018, paragraph 4 of Article 20 has not been deleted, which means it is valid and should be read in correlation to Article 43 of the amendments of the respectful Law, published in the “Official Gazette of the RM” No. 248/18.
It is known that part of the procedure is completed. A call has been opened for candidates for members of the Council of the AAAMS, candidacies have been submitted to Parliament, to the Committee on Elections and Appointments. But the following question has been open for a longer time – and unanswered:
When will the Committee on Elections and Appointments call the candidates for an interview and finish its obligation according to the Law?
Why have the procedures started but not finished? Why is parliament keeping silent? These and many more question are related to the big topic of Macedonian media and institutions related to them, for which little is known, and even less is done. The consequences of the games, obstructions and unnecessary delays in this area have been visible for a long time. The saga continues.
