AMA violates law for three months
19/07/2013 00:00
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Two days ago Top Channel publicly asked the director of Audiovisual
Media Authority, Endira Bushati, for why she was trying so hard to close
the process of licensing the digital networks, although the interest
groups have been against the way how this process is being directed by
her.
Besides the problematic that has been reported earlier, there is another aspect that makes Endira Bushati’s actions illegal.
The law for the Audiovisual Media in the Albanian Republic entered in effect on April 4th. According to article 11 of this law, the vice head of the AMA is elected by the opposition members, meaning that the head of AMA should be elected by the majority.
Article 9.4 states that the Commission for Education and Public Information Means reviews all candidacies introduced by the subjects, and the Commission should always preserve balance.
After the law entered in effect, the vice head of AMA should not belong to the opposition any more. This means that Mr.Sami Neza has been staying on this post illegally for three months.
Right after the law entered in effect, the Head of AMA should have opened the procedures for replacing Mr.Neza.
But the Head of AMA did not implement the law, and she behaved on the exact same way with the acceptance of Mr.Ibrahimi, a memebr without a mandate, who has signed dozens of decisions illegally.
After the Parliamentary elections of June 23rd, the balance of the political forces in Parliament changes and Mr.Neza, after keeping that post illegally for three months, now is “legal”. He belongs to the opposition after the elections, because he has been proposed by the DP.
But this formula makes the Head of AMA illegal. According to the logic of this law, Bushati must resign as Head of AMA because this post now belongs to the candidacies proposed by the new majority.
In both cases, Mrs.Bushati is violating the law and all her decisions after April 4th are illegal.
This situation makes the head of AMA to not take hasted decisions regarding the licensing of the digital networks, which consists of agreements for at least 10 years.
This way Bushati needs to prepare to resign instead of violating thje law even more, or she will be obliged to allow the respective institutions to verify the entire illegal activity of the institution she leads for three years.
Top Channel
