The Government Council approves the decree law creating the General Administration of the Public Entity Radio Television Canaria (RTVC). The regional Executive adopts this “temporary and extraordinary” measure to guarantee the full functioning of a public service considered essential, which has been operating “under minimum” for years as none of the management bodies provided for in the Law in force since December 2014 have been established. .
The decree law establishes the creation of the figure of General Administration of RTVC that must be designated, at the proposal of the Government, by the Parliament of the Canary Islands. With this formula, the regional Executive tries to make said appointment effective, overcoming the lack of capacity that the parliamentary groups have had in the last nine years to reach a consensus on the management bodies of the public entity.
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The measure adopted by the Governing Council aims to guarantee the full functioning of RTVC. The decree law specifies that this decision is adopted given the “situation of absolute blockade and institutional paralysis suffered by the public entity” as none of the bodies provided for in the Law have been established to date.
Specifically, Law 13/2014 on Public Radio and Television of the Autonomous Community of the Canary Islands approved by Parliament on December 26, 2014 establishes the constitution of four bodies that must guarantee the ordinary functioning of the public entity: Control Board, Management General, Advisory Council and News Council.
However, almost a decade later, the lack of parliamentary agreement has made the appointment of these bodies impossible, leaving the management of “an essential service to guarantee territorial cohesion and information pluralism” in the Canary Islands to a minimum, as highlighted by the spokesperson and vice-counselor of the Presidency, Alfonso Cabelloin the press conference after the Government Council.
Paco Moreno.
Five years of interim
Since 2018 and in the face of an exceptional institutional gap, the management of RTVC has been in the hands of the figure of a single administrator (journalist Paco Moreno) who was conceived as “an extraordinary, interim and transitional remedy” while waiting for Parliament to managed to designate the management bodies provided for in Law 13/2014.
Then, given the lack of a quorum in the Governing Council and the simultaneous vacancy of its presidency, Law 1/2018 arbitrated a “temporary regime for the assumption and exercise of ordinary management”, through the figure of the sole administrator. His management was governed by two principles: the interim and transitory nature of his mandate (as long as “the head of the General Directorate of the entity is appointed”), and the limitation of his powers, limited to the functions of “ordinary management.” .
However, five years later, the parliamentary groups “have been unable” to appoint a general director and have not been able to appoint the management bodies provided for in the 2014 Law. Faced with this “critical situation and institutional failure”, the Government of the Canary Islands considers it “imperative” to adopt “immediate” measures that guarantee the full functioning of a public service that it considers “essential” for the Autonomous Community. To achieve this, the new General Administration figure of RTVC will temporarily and fully assume the functions that the 2014 Law assigned to the Control Board and the General Management of the public entity.
The Government spokesperson and vice-counselor of the Presidency has stressed that the ultimate objective of the Executive is to “assume the legislative initiative” of submitting to the Parliament of the Canary Islands a draft new RTVC Law that replaces the “failed” and current 2014 regulations.
In this sense, the decree law approved by the Executive recalls that the mandate and powers of the General Administration do not prevent the designation, by the Autonomous Chamber, of the head of the General Directorate and/or of the members of the Control Board. , “so the power to put an end to the situation continues to reside in Parliament, at the initiative of the Parliamentary Groups.”
transitional position of the General Administration, exercising the powers of appointment assigned to it by Law 13/2014.”
Support from the Constitutional Court
The decree law approved this Monday by the Government Council grants the new General Administration of the public entity RTVC characteristics equivalent to those of the figure established by the State for the management of RTVE in royal decree law 4/2018, a rule endorsed by the Constitutional Court in its ruling 134/2021.
Unlike the current sole administrator, the figure of General Administration of Radio Television Canaria will be elected and dismissed by the plenary session of the regional Chamber by absolute majority, not by the Control Commission. Furthermore, it will be the Government of the Canary Islands that will submit a proposal, a measure that seeks to prevent a blockade from occurring again due to lack of broad consensus among the groups.
This new figure will assume in an “exceptional and temporary” manner the full ordinary management of the public entity until Parliament modifies Law 13/2014 or until it manages to appoint the bodies provided for in said regulations.
“It is of temporary application,” Alfonso Cabello highlighted to once again emphasize that the implementation of this General Administration of RTVC responds to the “urgent need to solve the extraordinary situation” of “low minimum” management that this has been suffering for years. “essential public entity” and that the Government’s will is to promote a new Canarian Radio Television Law that replaces the “failed” one of December 2014.
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2023-10-09 17:06:21
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