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By:
Ardit Kika
- 17 January 2025 19:12
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The decision of the Board of the Independent Media Commission to elect a new chairman a few days before Jeton Mehmeti's mandate expires has sparked numerous reactions. The legality of the decision-making has also been contested.
The Independent Media Commission has voted its current member, Besnik Berisha, as its chairman, a few days before the term of chairman Jeton Mehmeti expires. The decision was made possible by an amendment to the Rules of Procedure that was made in advance of this meeting.
The added article, which according to a number of activists is contrary to the law, stipulates that the election of the new president and vice president can take place within one month before the expiration of the mandate of those in office.
The current chairman of the IMC, Jeton Mehmeti, whose mandate expires on Monday, interrupted the meeting, saying that his continuation would constitute a legal violation.
"Referring to the law on the IMC, Article 14, and based on the interpretation given by the chief executive officer that the voting is in order, with four votes 'for', Besnik Berisha is elected as the new chairman of the IMC. In Article 15 of the IMC law, the chairman chairs the meetings in accordance with the IMC's rules of procedure. Therefore, I request that the newly elected chairman continue to chair this meeting," said Mehmeti.
The members and the acting head of the IMC said the chairman should remain in office until Tuesday.
"The newly elected mayor continues his mandate from Tuesday, not today. The IMC is clear on this point," said the acting head of the IMC, Niman Racaj.
And Mehmeti said he feels legally uncertain about continuing the meeting.
"If it is within my competence as you are interpreting it, due to the uncertainties that were created today with the regulations, I do not see room to continue this meeting, so we expect another meeting to be called," said Mehmeti.
Before and after the meeting, this development announced at the IMC has prompted reactions.
The executive director of the Association of Broadcasting Media in Kosovo, AMPEK, Ardita Zejnullahu, said that this raises questions about both the legality and transparency of the process.
"These developments set a dangerous precedent for the independence of the IMC and for media freedom in Kosovo. In a functioning democracy, changes affecting such institutions should follow transparent procedures, be widely discussed, and not undermine the integrity of these institutions," Zejnullahu said in a response to KOHĪNA.
The Kosovo Journalists Association, through a reaction, expressed the position that the way the regulation was changed is a tendency towards politicization of the IMC.
"AGK sees today's vote as an open attempt to politicize and instrumentalize the IMC for the interests of the ruling party, based on the public positions of the initiators of today's changes," the AGK's response states.
But the IMC insisted that the decision was based on the law. Asked about these reactions, acting chief Niman Racaj said that everything was in accordance with the law.
"It's been greatly exaggerated... Even the Constitutional Court has this practice of having a chairperson. There was no dismissal. The goal was to elect the chairman because we risked being left without a chairman," said Racaj.
Next week, the IMC will be without a quorum. Two members have completed their mandates of more than a year and two others, including Chairman Mehmeti, expire on Monday, leaving the board with only three members.
The Independent Media Commission, established in 2005, is the competent body for the regulation, management and supervision of the broadcasting frequency spectrum in Kosovo. It licenses public and private broadcasters, defines and implements broadcasting policy, and regulates the rights, obligations and responsibilities of natural and legal persons who provide audio and audiovisual media services.
The members of the IMC are appointed by the Assembly of Kosovo, while the chairman and vice-chairman are elected by secret ballot of the members of the IMC.
Two of the seven members of the board of this institution had their mandates expire in October 2023 because the Assembly had not replaced them. The terms of the other two expire on January 21, and the board remains without a quorum during the election campaign.
To replace the two members whose mandates have expired, vacancies have been announced twice, but the Assembly failed to appoint them in session. The third announcement was made in November and the IMC had procedures in early December for applications to the Assembly.
The government, even though it had enough members in the Parliamentary Commission to form the interviewing commission, held the opposition responsible for obstructing its establishment with the justification that "candidates cannot be interviewed only by the majority."
