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USR calls on President Klaus Iohannis, Prime Minister Ludovic Orban and Ombudsman Renate Weber to appeal to the Constitutional Court for the changes introduced in ANCOM’s organizational structure. “The fact that 4 of the 7 members of the so-called Regulatory Committee may also be members of the party compromises the independence of this institution,” the USR representatives convey in a press release, News.ro reports.
The cited source specifies, in the letter sent to the Head of State, the Prime Minister and the Ombudsman, that the modifications made to the Government Emergency Ordinance No. 22/2009 on the establishment of the National Authority for Communications Administration and Regulation is likely to irreparably politicize the institution, weakening ANCOM’s independence and its ability to efficiently and impartially control the functioning of the communications market in Romania, a market worth more than 4 billion.
“Through the changes introduced in ANCOM’s management structure, we have not just another attempt to politicize a market regulation institution in Romania or an attempt to create four more extremely lucrative sinecuras for the party’s clientele, but a direct attack to national security. We are facing the launch of the 5G technology auction, a tender of almost one billion euros, and we have seen the extraordinary financial efforts and aggressive public relations of a certain company to demonstrate that it does not represent a direct danger to national security. Or exactly at this time, PSD is promoting very soon a law that will give it control over the authority that will organize the auction and designate its winner, “said the leader of the USR senators Radu Mihail, according to the aforementioned source.
For her part, USR Senator Silivia Dinica said there was no justification for establishing an ANCOM regulatory committee that would extend the Authority’s leadership from three to seven members.
“Without any real justification, a Regulatory Committee is created that practically expands ANCOM’s leadership from 3 to 7 members. The 4 members added to the new leadership may be members of the party. Through this artifice, politics comes to direct an institution that should be independent. We are talking about positions dedicated to parliamentarians who are not going to get another mandate and we are talking about 6 years in the leadership of ANCOM paid with public money. The remuneration of the members of the party of the Regulatory Committee is established in the amount of 4 average salaries at the institution level, corresponding to January of each year ”, explained Silvia Dinică.
The USR also says the proposed changes run counter to the European Communications Code, which provides a number of safeguards to ensure the independence of communications regulators. Thus, contrary to the European directive, the new law allows members of the Regulatory Council to be members of a political party, exposing them to external influences.
The preamble to Directive 2009/140 / EC states that “The independence of national regulatory authorities should be strengthened to ensure a more effective application of the regulatory framework and increase the authority and predictability of their decisions. To this end, express provisions should be established in national law to ensure that, in the exercise of its functions, a national regulatory authority responsible for ex ante regulation of the market or for resolving disputes between companies is protected from intervention or external pressures. policies that may jeopardize the independent assessment of the issues before you. Such external influence makes it inappropriate for a national legislature to act as a national regulatory authority under the regulatory framework. “
Furthermore, the changes would imply the premature termination of the mandates of the current governing bodies, which is expressly prohibited by the community regulatory framework.
The USR deputies draw attention to the violation of the principle of bicameralism by introducing, within the parliamentary procedure in the Senate, some amendments of legal content that were not submitted to debate in the Chamber of Deputies.
Likewise, the substantial changes made in the parliamentary committees go beyond the intention of the initiators expressed by the explanatory memorandum and the initial form of the legislative proposal, which is contrary to the constitutional provisions.
Last, but not least, proof of the unjustified urgency with which this project was promoted is the violation of the deadlines established by parliamentary regulations, which provide minimum guarantees for parliamentarians to document and vote with full knowledge on the projects submitted to the plenary debate.
The Chamber of Senators adopted, this Tuesday, decisively, the bill that modifies and completes the emergency ordinance 22/2009 on the creation of the National Authority for Administration and Regulation in Communications, by which the position is assimilated from president of ANCOM to that of minister, and vice-president of the institution. The institution is assimilated to the position of secretary of state. The salary of the president of the institution is set at the level of 5 average salaries at the institution level, corresponding to January of each year, and that of the vice presidents of ANCOM at the level of 4.5 average salaries, the proposal also provides legislative.
USR Letter: media-159974187473295400.pdf.
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