[RO] Draft modification of the PSB Law
Radio Romania International
Romanian MPs from the center-right ruling coalition have initiated a legislative proposal for the modification of Law No. 41/1994 on the organization and functioning of the Romanian Radio Broadcasting Company and the Romanian Television Company, with subsequent amendments and completions (see inter alia IRIS 2014-7/30,IRIS 2015-6/33, IRIS 2015-8/26, IRIS 2016-5/28, IRIS 2017-3/26, IRIS 2017-8/31, IRIS 2017-10/31, IRIS 2018-1/35, IRIS 2018-2/30, IRIS 2018-6/29, IRIS 2018-7/27).
The main modification consists of splitting the function of President of the Board of Administration and Director General (CEO) into two separate functions, President of the Board and, separately, Director General (CEO), in order to better define the roles and competencies and to have different persons for the strategic and, respectively, the executive top management. The Director General would be appointed by the Parliament from the 13 members of the Board of Administration, for each public broadcaster, radio and television. The two broadcasters have been repeatedly accused of political bias and the draft law intends to better define the roles and competences of top managers.
Another provision is that the members of the Board of Administration of the Romanian public radio and TV are not allowed to be employees of those companies (they and their relatives, up to and including the second degree) and they are not allowed to be on the Boards of commercial companies, nor to work in commercial companies which have business relations or opposite interests with Radio Romania and the Romanian Television.
The two Presidents of the Boards of Administration and the two Director Generals will receive a salary equal to the salary of a Minister, the rest of the members of the Boards of Adminstration 40% of the brut salary of the above mentioned top managers. In the present form of the law, the President and Director General receives a salary equivalent to the salary of a Minister, and the members of the Boards receive 25% of this brut amount.
A new Article 271 was introduced in the draft document, which provisions for the competencies of the President of the Board of Administration: leads the meetings of the Board of Administration; coordinates the control and supervision activities of the Council and submits regular reports to it; periodically presents economic situations submitted by the Director General; based on the express mandate of the Council, it represents Radio Romania or the Romanian Television in their relations with international bodies; presents in the specialized parliamentary commissions of the Romanian Parliament, in the presence of the members of the Council, the annual activity report; ensures the proper functioning of the own working apparatus of the Board of Administration; ensures the transparency of the decisions and the activity of the Board of Administration.
- Propunere legislativă pentru modificarea Legii nr.41/1994 privind organizarea şi funcţionarea Societăţii Române de Radiodifuziune şi Societăţii Române de Televiziune, cu modificările şi completările ulterioare – forma iniţiatorului
- Legislative proposal for the modification of Law no. 41/1994 on the organization and functioning of the Romanian Radio Broadcasting Company and the Romanian Television Company, with subsequent amendments and completions - form of initiator
- Expunerea de motive a iniţiatorilor
- Explanatory memorandum
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.