Media NGOs Demand the Superior Council of Magistracy to Take Action on the Decision of the Supreme Court of Justice on GRT Dismissals

Media NGOs dispute the decision of the Supreme Court of Justice (SCJ) of 12 September 2018, ruling in favor of Comrat People’s Assembly (PAG), thus legalizing the new membership of the Gagauziya Radio Television (GRT) Council of Observers (CO). Note that SCJ built its decision on Gagauzia Broadcasting Law – an abusive legal act, adopted in breach of the legislation of the Republic of Moldova.
During the adoption of this law by PAG, the BCC and civil society warned the main state institutions about Gagauzia Broadcasting Law’s loopholes.

Thus, the document replaces the legal powers of the Broadcasting Coordination Council (BCC) to issue broadcasting licenses and rebroadcasting authorizations, violates the provisions for the appointment of BRT Council of Observers provided by the Broadcasting Code, thus establishing People’s Assembly political control over the GRT regional public broadcaster.

Note that Article 12 of the Law on the Special Legal Status of Gagauzia stipulates that People’s Assembly is not empowered to adopt normative acts regulating the broadcasting area.

The 2006 Broadcasting Code provides for in Article 65 that ‘the regional public broadcaster – ‘Teleradio-Gagauzia’ Company – operates in ATU Gagauzia in accordance with this Code and with People’s Assembly decision’.

In this context, media NGOs demand the Superior Council of Magistracy to take action and verify the truth and fairness of SCJ’s decision, adopted on the basis of a law abusively voted by Comrat members of People’s Assembly. We build our request on Article 12(6) of the Law on the Special Legal Status of Gagauzia which states that ‘the normative acts of Gagauzia that violate the Constitution of the Republic of Moldova and this law shall be declared null and void’.

In addition, we urge the Government not to allow the adoption of abusive laws, violating the national law and defying the democratic norms; and to perform control over the observance of the legislation of the Republic of Moldova within the autonomous territorial unit of Gagauzia in accordance with Article 111(6) of the Constitution that stipulates: ‘The Government, under the terms of the law, performs control over the observance of the legislation of the Republic of Moldova within the autonomous territorial unit of Gagauzia’.

Independent Journalism Center
Association of Independent Press
Association of Electronic Press
Center for Investigative Journalism
Press Freedom Committee 
Association of Independent TV Journalists 
‘Access-info’ Center