Spain

[ES] The Spanish Government approves changes to the RTVE board of directors in a context of corporate crisis and instability

IRIS 2024-10:1/18

Azahara Cañedo & Marta Rodriguez Castro

On 22 October 2024, Royal Decree-Law 5/2004 amending the governance model of the state-level public service broadcaster (RTVE) was published. Against the backdrop of a corporate crisis, the public corporation has been in a situation of institutional standstill and its board of directors in a state of provisionality since the resignation of José Manuel Pérez Tornero in September 2022, who was the last president of RTVE elected by the Congress of Deputies. In consideration of this the Spanish Government decided to change the Board of Directors’ composition, increasing the number of directors and reducing the parliamentary majorities required to confirm them in office.

Following Pérez Tornero’s resignation and given the impossibility of reaching a parliamentary agreement, the board of directors was temporarily chaired on an interim basis by two members proposed by the governing party: Elena Sánchez (from September 2022 to March 2024) and Concepción Cascajosa (from March 2024). Although, after the appointment of the latter, it was agreed among the board members that the presidency would last six months, this temporary period has already been exceeded without a review of the position having taken place. At the same time, the mandates of several members of the board of directors have expired without the necessary replacement having taken place. All of this is happening in a climate of political confrontation that has left RTVE in crisis and in a state of corporate instability.

In this context, Royal Decree-Law 5/2024 was approved; it modifies the composition, election and functions of the highest governing body of the public service broadcaster. The measures approved by the Spanish Government include an increase in the number of board members (from 10 to 15, 11 of whom are elected by Congress and 4 by the Senate) and the obligation for them to work full-time. In addition, the possibility of electing directors by an absolute majority of the Congress of Deputies (which does not require an agreement between the PSOE and the PP) was reintroduced, and the president is granted greater powers at the expense of the powers of the board.

Moreover, Royal Decree-Law 5/2024 provides for the possibility of appointing a single administrator for a term of three months, which may be extended if parliament does not proceed to the election of the members of the board of directors or the person who will chair it. The deadline for these elections is set for 23 November 2024.


References




This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.