Financial Crime World

Here is the converted article text in markdown format:

Independence of Broadcast Regulators in Bosnia and Herzegovina (BiH)

International Standards

The Council of Europe’s Declaration of the Committee of Ministers on the Independence and Functions of Regulatory Authorities for the Broadcasting Sector (2008) emphasizes the importance of independence, transparency, and accountability in regulatory authorities. The Declaration recommends that members of regulatory authorities should be appointed in a democratic and transparent manner, without any external influence or interference.

Similarly, the ARTICLE 19 Principles (2016) emphasize the need for independence, transparency, and accountability in regulatory bodies. They recommend that regulatory bodies should have clear mandates, powers, and responsibilities set out in legislation, as well as rules of incompatibility, terms of office, and payment and reimbursement arrangements.

Key Recommendations

  • Members of regulatory authorities should be appointed in a democratic and transparent manner.
  • Regulatory bodies should have clear mandates, powers, and responsibilities set out in legislation.
  • Rules of incompatibility, terms of office, and payment and reimbursement arrangements are necessary for independence.

BiH’s Communication Law

The Constitution of BiH does not contain provisions on the independence of the Communications Regulatory Agency (CRA), but Article 36 of the Communication Law declares that the CRA is a “functionally independent and non-profit making institution.” The law also prohibits the Council of Ministers, individual ministers, or other persons from interfering in the decision-making process of the CRA.

However, the Law on Financing Institutions of BiH makes the Agency a “budget institution,” which raises concerns about its independence.

Concerns

  • Lack of provisions on independence in the Constitution of BiH.
  • Provisions in the Law on Financing Institutions may compromise the Agency’s independence.

Analysis

The international standards emphasize the importance of operational and administrative autonomy for regulatory bodies. While the Communication Law declares the independence of the CRA, this is compromised by provisions in the Law on Financing Institutions. However, ARTICLE 19 recommends no changes to the respective provisions of the Communication Law.

Conclusion

The independence of broadcast regulators in BiH requires alignment with international standards. The current provisions in the Communication Law and the Law on Financing Institutions raise concerns about the Agency’s operational autonomy. Further analysis and recommendations are necessary to ensure the independence and effectiveness of regulatory bodies in BiH.