Ro
En
Рy
The draft law provides for the return of the public company Teleradio-Moldova (TRM) under the Parliament’s control, as it was until 2019. PAS party’s MPs propose that the general director of TRM be appointed by the Parliament at the proposal of the Supervisory and Development Board (new name for the Supervisory Board). Currently, the general director is appointed by the Supervisory Board through public competition. At the same time, the authors propose that the general director can be dismissed by MPs, “following the finding of improper performance or non-performance of his duties,” among other things. Currently, this responsibility also rests with the Supervisory Board.
A NEW NAME – SUPERVISORY AND DEVELOPMENT BOARD
According to the law, the Supervisory Board is made of nine members, of whom at least three are representatives of administrative-territorial units outside Chisinau. MPs want to reduce their number to seven.
Furthermore, the draft law provides for the future Supervisory and Development Board (SDB) to be composed of three members proposed by parliamentary factions, according to the proportional representation of parliamentary majority and opposition, one member proposed by the country’s president and the Government each, and two members proposed by civil society organizations representing audiovisual media.
According to the draft law, the candidates proposed for membership in the Supervisory and Development Board will be heard by the specialized parliamentary commission, which will select or reject candidates and issue a motivated decision. After selecting the candidates, the commission will present a report to the Parliament, and the Parliamentary Commission for Legal Issues, Appointments and Immunities will present a co-report regarding compliance with the requirements provided by this article.
MPs provided that, if a position of member in the Board becomes vacant, a new member will be appointed for the remaining time of the mandate, at the proposal of the same entity. In this context, the Supervisory Board may be deprived of the right to hold competitions to appoint the general director, but will be able to propose a candidate to be appointed by the Parliament.
Moreover, a position of member in the Board may become vacant if “defective activity, improper performance or non-performance of duties are found as a result of parliamentary control carried out in accordance with the law.”
According to the draft law, the SDB will have to present the annual activity report not to the Broadcasting Council, but to the Parliament. The Parliament’s rejection of the SDB’s annual activity report “will entail dismissal of the members of the Supervisory and Development Board.”
CHANGES AT THE BROADCASTING COUNCIL
The draft law also aims to reduce the number of the Broadcasting Council (BC) members from nine to seven. Candidates for membership in the BC, if accepted, will have to confirm impeccable reputation by means of at least two letters of recommendation.
While currently the BC is formed of two members proposed by the Parliament, one member proposed by the country’s president and Government each, and five members proposed by civil society organizations, selected through public competition, then in the new formula it will be formed of three members proposed by parliamentary factions, according to the proportional representation of the parliamentary majority and opposition, one member proposed by the Government and head of state each, and two members proposed by civil society organizations representing audiovisual media.
Like with the Supervisory Board, MPs want the rejection of the BC’s annual activity report to entail “dismissal of the members of the Broadcasting Council.” According to the initiative, the mandate of the current members of TRM’s Supervisory Board, general director and deputy directors will end once the proposals enter into force.
MPs’ ARGUMENTS
MPs claim that they want to make Teleradio-Moldova accountable “by establishing a mechanism of parliamentary control and by revising the procedure of composing the TRM’s Supervisory Board and the Broadcasting Council, providing more clarity and proportional representation in the nomination of candidates for membership in these bodies.”
The explanatory note to the draft law says that the current legal framework “does not have the necessary tools to carry out real control over the activity of autonomous public institutions or their leaders.” Its authors invoke the example of Romania, where the law on the organization and functioning of the Romanian Radio Company and Romanian Television Company clearly stipulates that these companies operate under the control of the Parliament and their administration boards present annual reports to the Parliament, just like any other reports required by specialized parliamentary commissions.
