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The election of the director of RTSH, why is it not prohibited by the Electoral Code

2025-04-11 20:42:55Pikëpamje SHKRUAR NGA EUGEN BECI
Eugen Beci

The provision that establishes the prohibition of appointments or dismissals from work in all public bodies and public entities is true, but the interpretation given by the Complaints and Sanctions Commission at the CEC is for cases of creating new positions, in changing the organizational structures of institutions and not existing positions that are necessary for the normal functioning of public activity.

As a rule, referring to the approved statute of RTSH (article 18), the General Director of RTSH is a necessary position for the organization, functioning and progress of RTSH.

This position has not been newly created, but has existed since the creation of RTSH as a public legal entity, and under these conditions, there is no legal obstacle to continuing the procedures for selecting the new Director.

However, in any case, it is worth noting that failure to comply with Article 91 of the Electoral Code does not render the procedure for appointing the new Director invalid. Failure to comply with this provision is not related to the validity or invalidity of the appointment procedure, but to the electoral process.

The appointment procedure is valid and if in any event a failure to comply with Article 91 can be assessed (a fact which does not constitute a violation), a fine of 10,000 lek to 100,000 lek is applied.


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