Nationalist MEP Roberta Metsola.The European Commission is probing the removal of the Malta Communications Authority chairman to determine whether it infringed EU rules.
The investigation was announced yesterday by European Digital Agenda Commissioner Nellie Kroes in response to a question tabled in the European Parliament by Nationalist MEP Roberta Metsola.
“The Commission is aware of the recent developments in Malta and is investigating the issue with the Maltese authorities,” Ms Kroes said.
“The Commission is committed to follow-ing up closely the correct implementation of EU rules and to reverse a trend in member states’ legislation and practice which, if confirmed, would fragment the single market for electronic communications and may result in less competition in the markets.”
The issue involves the resignation of Antonio Ghio who was MCA chairman last December. After the change in government last March, Dr Ghio, together with all the other chairpersons of public bodies, was asked to hand in his resignation, as is customary.
My resignation was definitely not voluntary. I was left with no option but to resign
In a letter, Dr Ghio made it clear that he was offering to step down under protest and highlighted the fact that his position was protected by EU law.
Still, the Government insisted on accepting his resignation and appointing a new chairman.
EU telecom rules specify that the head of a national regulatory authority or members of the collegiate body fulfilling the function could 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”. According to another directive, “rules should be laid down at the outset regarding the grounds for the dismissal of the head of the national regulatory authority in order to remove any reasonable doubt as to the neutrality of that body and its imperviousness to external factors.”
The Government has been put under pressure on this issue in recent weeks with Nationalist MPs asking in Parliament whether EU rules had been broken.
Economic Affairs Minister Chris Cardona said it was Dr Ghio who had resigned voluntarily.
However, Dr Ghio insisted with Times of Malta that his resignation was forced and he had no other option but to step down. “My resignation was definitely not voluntary. I was left with no option but to resign,” he said.
The issue is similar to another one in Romania in 2009 when the Commission opened infringement procedures against the country over its decision to remove the president of the national telecoms regulator.
A court ruling had suspended the decision, calling it a “serious violation of the regulator’s independence”.