Basic court: Raonic illegally elected, RTCG to re-appoint the general director

AUTHOR: M.J.
The basic court in Podgorica issued a verdict annulling as illegal the decision of RTCG on the appointment of general director Boris Raonic from June 1, 2023. year, so the aforementioned public company was ordered to re-appoint the general director from among the registered candidates, according to the terms of the public competition for the appointment to that position at the head of RTCG from 17.06.2021. year, within 15 days from the finality of the judgment. This was announced from the Basic Court.
As they say, the claim was rejected in the part in which it was requested to re-appoint as general director among the remaining candidates, except for candidate Boris Raonic.
In the explanation of the verdict, the court states that when making the aforementioned decision, the defendant was obliged to appreciate the factual situation, which results from the documentation submitted by the candidates for the public competition in question during the first application, and the exceptional factual situation that existed in relation to each of the candidates at the time of publication of the competition.
At the time of publication of the public competition in question, Boris Raonic, at the time of application to the public competition and appointment as general director, was a member of the Council of the Agency for Electronic Media (SAEM), that is, he was a public official appointed by the Parliament of Montenegro, which is in contradiction with the provision of Art. 29 st. 1 point. 2 of the Law on the National Public Broadcaster Radio and Television of Montenegro. That provision stipulates that members of the Council cannot be persons elected, appointed or appointed by the President of Montenegro, the Parliament and the Government.
Also, the court points to the provision of Art. 50 st. 5 of the same Law, which prescribes that a person who, according to this Law, cannot be a member of the Council cannot be appointed as the General Director of RTCG.
The same factual situation was the basis for the final judgment of this court P. no. 3110/21 of 04.01.2023. year, when the first RTCG decision of August 6, 2021 was annulled as illegal. year, by which Raonic was appointed general director. Therefore, at the time of the announcement of the public tender, Boris Raonic was in a conflict of interest, which must be a limiting factor, so he cannot be appointed general director of RTCG according to the public tender in question.
The fact that Raonic on 13.08.2021. submitted his resignation from membership in SEAM has no influence on a different decision of the court, since at the time of the announcement of the public competition from 17.06.2021. year, held that position, appointed by the Parliament of Montenegro, as a result of which he could not be elected to the position of general director of RTCG. The decision in question on the appointment of Raonic is illegal and because it does not contain a valid explanation, that is, the criteria that prevailed in favor of the chosen candidate, that is, the reasons that decided to give support to the chosen candidate, were not stated - the court's decision says.
They remind that an appeal can be filed against this decision within 8 days from the day of receipt of the written dispatch.