Official Calls Ministry's Stance on RTS Board Mandates 'Gross Violation of Law'

Rodoljub Šabić, a member of Serbia's Regulatory Body for Electronic Media (REM) council and a lawyer, has strongly criticized the Ministry of Information and Telecommunications. He described the ministry's opinion that six out of nine Radio-Television of Serbia (RTS) management board members, whose mandates have expired, can continue their work as a "gross violation of the law" and a "very dangerous precedent."

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The mandates of the management board members of RTS are regulated by the Law on Public Media Services, not by the opinions of ministries. No letter from the executive branch can replace the law and it is factually and legally absurd 'explanation' that it is necessary because Serbia does not have a functional REM Council.

Šabić asserted that the mandates of RTS management board members are governed by the Law on Public Media Services, not by ministerial opinions. He stated that no executive branch directive can replace the law, calling the ministry's "explanation", that this is necessary because Serbia lacks a functional REM council, a legal and factual absurdity. He pointed out that the REM council's delayed formation is due to the government's obstruction of the election process, with the ministry contributing significantly to this hindrance.

The lawyer further highlighted that the ministry's opinion aims to extend the mandates of RTS management board members because the election process cannot proceed due to the absence of the REM council. Šabić placed the responsibility for this multi-year inaction on the government, the parliament, and the relevant ministry, which he claims have failed to perform their duties for months. He emphasized that the resulting problem cannot be resolved by a ministerial opinion, which is legally non-binding and directly contradicts the Law on Public Media Services.

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The responsibility for the now multi-year inaction regarding the election of REM Council members, and consequently the election of RTS Management Board members, lies with the authorities, the parliament, and the relevant ministry, who have not done their job for months.

Šabić also noted the absurdity of the ministry ignoring similar issues elsewhere. He pointed out that the mandates of the RTS program council members also expired in July, and new members have not been appointed. According to the law, these members are chosen by a parliamentary committee based on a public tender, which has yet to be announced. Instead of causing confusion and undermining legal certainty, Šabić urged the information minister to explain the government's repeated, months-long violation of explicit legal provisions, as seen in the REM council's case.

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Instead of causing confusion and undermining legal certainty, the minister of information should explain the reason why the authorities, as in the case of the REM council elections, are violating explicit provisions of the law with months of delay.