Nationalist MEP Roberta Metsola has asked the European Commission if the forced resignation of former Malta Communications Authority chairman Antonio Ghio was in line with EU law.

A change in government does not make someone unfit to continue in office

Dr Metsola tabled a parliamentary question on Monday asking whether a change in the government of a member state constituted grounds for the removal of the head of a national regulatory authority under the EU Telecoms Framework Directive.

Due to internal EU procedures, the question is not expected to be sent to the European Commission or published online until this week.

Dr Ghio offered his resignation as authority chairman on March 14 after being requested to do so by the new Labour government in a letter on March 12.

In the letter, the permanent secretary at the Communications Ministry at the time, John Gatt, informed Dr Ghio and his fellow board members that their resignations were “customary... to enable the new government to effect any changes that are considered desirable”. In his resignation letter, Dr Ghio made it clear his decision to step down was forced and that he did not feel he was obliged to do so according to the conditions laid out in national and EU law.

Dr Ghio’s resignation letter was published on April 30 by the Government at his request.

Article 3 of the EU Telecoms Framework Directive lays down that: “Member states shall ensure that the head of a national regulatory authority... may be dismissed only if (they) no longer fulfil the conditions required for the performance of their duties, which are laid down in advance in national law.”

Meanwhile, article 3 of the Malta Communications Authority Act states that a member of the authority may be removed by the minister if the minister feels the member is unfit to continue in office or has become incapable of properly performing his duties.

“There is little doubt in my mind that a change in government does not make someone unfit to continue in office or incapable of performing his duties and that the forced resignation of the chairman... is contrary to the letter and the spirit of both the EU directive and the MCA Act,” Dr Metsola said.

The MCA now falls under the remit of the Parliamentary Secretary for Competiveness and Economic Growth, Edward Zammit Lewis.

Dr Zammit Lewis was in Greece this week as part of a government maritime delegation and his spokesman said he would be unable to reply to questions in time for today’s publication.

The Government appointed lawyer Edward Woods as the new MCA chairman on April 30.

Godfrey Vella, Phelim Cavlan and Sarah Mifsud were appointed board members.

In January, the European Commission requested clarification from the previous Administration on its transposition of the Telecoms Directive, specifically on the dismissal conditions for members of the MCA board.

Among its concerns, the Commission asked for clarification on what was meant by “unfit to continue in office” and “incapable of properly performing his duties”.

In its reply, the previous government had stressed its commitment to safeguarding the independence of the MCA. A change in government was not mentioned as one of the reasons for dismissing board members by the previous Administration.

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