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IRIS 2018-1:1/36

Romania

ANCOM, new managers, modified law

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Eugen Cojocariu

Radio Romania International

On 7 November 2017, the former Romanian Prime Minister, Sorin Grindeanu, was appointed as President of the Autoritatea Națională pentru Administrare și Reglementare în Comunicații (National Authority for Management and Regulation in Communications - ANCOM, telecom watchdog), for the remaining period of the six-year mandate commenced on 11 May 2017 by Parliament Decision No. 93, published in the Official Journal of Romania No. 877 of 7 November 2017 (see 2009-5/31 and IRIS 2017-7/29).

Mr Grindeanu replaced Adrian Diţă, who resigned on 20 September 2017, less than five months after his appointment. Diţă had been accused by representatives of the Economics and IT&C Standing Committees of the Romanian Parliament of abusive restructuring of ANCOM. Previously, Eduard Lucian Lovin and Bogdan Cristian Iana had been appointed as Vice Presidents of ANCOM by the Romanian Parliament Decision No. 79, published in the Romanian Official Journal, Part I, No. 805/11.10.2017. ANCOM’s Vice Presidents are appointed for a six-year mandate. It has to be mentioned that Sorin Grindeanu was ousted from the position of Prime Minister in June 2017 after an open conflict with the leaders of the main ruling party, the Social Democrat Party (PSD), and a censure motion tabled by the PSD itself against its own Government. The PSD had asked Grindeanu to resign, accusing him of non-observance of the governing programme.

On the other hand, on 3 October 2017, the Chamber of Deputies (the lower chamber of the Romanian Parliament) tacitly adopted the draft law for approving the Emergency Government Decree No. 33/2017 for the modification and completion of Article 11 of the Emergency Government Decree No. 22/2009 on the setting up of the National Authority for Management and Regulation in Communications. According to the modifications, the management of ANCOM is proposed by the Government and appointed by the plenary of the Parliament, with the majority of the MPs present. A new paragraph 11 provides that the nominations shall be forwarded to the permanent offices of the two Chambers of Parliament within 30 days of the date of vacancy. Prior to the approval of the aforementioned Emergency Government Decree, the ANCOM management was appointed by the President of Romania, at the proposal of the Government, and there were no provisions regarding the maximum period for proposing nominations for the vacant ANCOM management positions. The Senate will have the final decision on the matter.

References
The Proiect de Lege privind aprobarea Ordonanţei de urgenţă a Guvernului nr.33/2017 pentru modificarea şi completarea art.11 din Ordonanţa de urgenţă a Guvernului nr.22/2009 privind înfiinţarea Autorităţii Naţionale pentru Administrare şi Reglementare în Comunicaţii - forma adoptată de Camera Deputaţilor RO
 http://merlin.obs.coe.int/redirect.php?id=18800
 
  Draft Law for approving the Emergency Government Decree No. 33/2017 for the modification and completion of Art. 11 of the Emergency Governemt Decree No. 22/2009 on the setting up of the National Authority for Management and Regulation in Communications  - form adopted by the Chamber of Deputies      
The Ordonanţa de urgenţă a Guvernului nr.33/2017 pentru modificarea şi completarea art.11 din Ordonanţa de urgenţă a Guvernului nr.22/2009 privind înfiinţarea Autorităţii Naţionale pentru Administrare şi Reglementare în Comunicaţii RO
 http://merlin.obs.coe.int/redirect.php?id=18801
 
  Emergency Government Decree No. 33/2017 for the modification and completion of Art. 11 of the Emergency Government Decree No. 22/2009 on the setting up of the National Authority for Management and Regulation in Communications