Serbia Adopts Authentic Interpretation of Electronic Media Law; Four REM Members' Resignations Deemed Invalid

The Serbian Parliament has passed an authentic interpretation of the Law on Electronic Media, a move that invalidates the resignations of four members of the Regulatory Body for Electronic Media (REM). The adopted interpretation, proposed by the Committee on Constitutional Affairs and Legislation, clarifies that resignation statements submitted before a member officially assumes their duties hold no legal weight.

This decision directly impacts four REM council members, Mileva Malešić, Rodoljub Šabić, Ira Prodanov Krajišnik, and Dubravka Valić Nedeljković, who submitted their resignations on November 14, 2025. They cited the Parliament's failure to elect all nine REM council members as their reason. The Committee's interpretation stipulates that a resignation is only valid if submitted after the member has taken office.

Consequently, the resignations tendered before assuming their roles are deemed legally ineffective and do not result in the termination of their mandates. This ruling aims to resolve a legal ambiguity regarding whether any declaration of intent could be considered a resignation and whether the specific statements made by the four members were legally binding.

The formation of a complete REM council is a significant step, particularly as it is a prerequisite for Serbia to receive disbursements under the Western Balkans Growth Plan. The Committee on Culture and Information had previously suspended the procedure for nominating a member representing national minorities and called on the four resigning members to resume their duties, a call they stated was insufficient without a parliamentary resolution to the legal uncertainties.

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U skladu sa navedenim, izjava volje data nakon izbora a pre stupanja na dužnost, odnosno faktičkog preuzimanja funkcije u Savetu Regulatornog tela za elektronske medije ne smatra se ostavkom u smislu odredbe člana 18. tačka 4) Zakona o elektronskim medijima i ona nema pravno dejstvo odnosno ne proizvodi pravnu posledicu u vidu prestanka mandata člana Saveta Regulatornog tela za elektronske medije