Reaction: The Board of the Energy Regulatory Office is non-functional!
25 May 2017 - Kosovo Civil Society Consortium for Sustainable Development (KOSID) requests from the Government of the Republic of Kosovo to continue with the process of proposing members to the Energy Regulatory Office (ERO) Board. No political circumstance should stop the public contest for the proposal of ERO board members! We encourage the Government, respectively the Ministry of Economic Development (MED), to respect the legal obligation deriving from Law no. 05 / L-084 on the Energy Regulator and the Memorandum of Cooperation between the Government of Kosovo, the Assembly and the British Embassy and to propose the names based on the already completed public contest.
The Energy Regulatory Office (ERO) is currently with a nonfunctional board. This is because the chairman of the board, Krenar Bujupi, has a terminated mandate as of May 15, 2017 and on the other hand, the board lacks two more members. One’s mandade had expired in September 2016, while the other resigned in October 2016. ERO needs a three-member seat to make decisions. Currently, there are only two members on this board, which makes this board inoperative!
The contest for completing the two positions for board members was opened on March 14, 2017! So the contest was opened five, or six months after the positions were available! According to Law 05 / L-084, in Article 5, paragraph 2 states that:
Within sixty (60) days prior to the expiry of the term of the member of the Board of the Regulator, or upon issuance of the vacancy notice for other reasons, the Ministry in charge of the energy sector ( hereinafter the Ministry) shall issue a public notice, for a period no shorter than the term set forth in the law. The Ministry shall direct the procedure on appointment of the candidates for members of the Board upon the public vacancy notice. In the vacancy there shall be noticed the criteria on election of the Chairperson and members of the Board, the application deadline and documents necessary for the application. Government shall, after receiving the files of the applicants, deliver to the Assembly at least two (2) candidates for one (1) free post.”
However, given the recent political developments in the country, it is still uncertain how the process of selecting new candidates will continue in order to open the path for the chairman to be elected. For this reason, we call on the responsible institutes to proceed with the selection of candidates as it was foreseen. It should be noted that there is no legal framework forbidding the outing government to continue with these processes, since the staff dealing with the interviewing of candidates and other procedures; is a civilian and not a political staff. Moreover, this Government had signed a memorandum of cooperation with the British Embassy for technical assistance in the recruitment process at senior positions, including the appointment of the ERO Board. This cooperation provides some minimum standards of transparency and meritocracy in this process and for this we insist that the same to proceed without unreasonable interruption.
We justify our request because of the concern about the possibility of the suspension of ERO's work as a regulator in the energy sector. Delaying procedures for selecting ERO board members will lead to further delays in matters to which ERO is competent.
Therefore, we call upon the respective institutions to continue with the procedures initiated for the election of these members, so that in the event of the formation of the new Government, the voting for these candidates will pass immediately to the Assembly and there will be no need for this process.