Rules of Procedure for the REM Council: Which decisions require a two-thirds majority and which require a simple majority of votes.

There is already a public debate about what decisions this body can make while it is not fully constituted, which is clearly established by laws, the Statute, and the Rules of Procedure.

The Statute of REM from 2005 states that the Council cannot make decisions if the meetings do not have a quorum, meaning that at least five members must be present.

Furthermore, it is stated that the Council makes decisions by a two-thirds majority when it is necessary for at least six members to vote, by a qualified majority when at least five members are required, and by a simple majority when a decision needs to be voted on by the majority of those present, which can be at least three if five members are present.

With a two-thirds majority, requiring at least six votes, the Council decides on:

• the adoption of the text of the Agency's Statute
• the adoption of the Rules of Procedure of the Council
• the adoption of the Regulations on the internal organization of the Agency and the systematization of jobs
• the adoption of the text of the Broadcasting Development Strategy
• the issuance of general binding instructions for broadcasters
• the imposition of a measure of permanent revocation of a broadcaster's license
• the election of the president and vice-president of the Council
• the suspension of a member of the Council.

Additionally, according to the Regulation on the Election of Members of Governing Boards in Public Services from 2014 and media laws, six votes are also required for the election of members of the Board of Directors of Radio-Television of Serbia (RTS) and Radio-Television of Vojvodina (RTV).

The Statute further states that by a qualified majority of five votes, the Council decides on:

• the adoption of regulations regarding program, technical, organizational, staffing, and financial conditions and criteria related to the issuance of licenses to broadcasters
• the adoption of rules and criteria for reducing the fee for broadcasting programs
• decisions on the issuance of licenses for broadcasting radio and TV programs following a competitive procedure
• the imposition of a temporary measure of license revocation lasting up to 30 days
• the adoption of the Financial Plan proposal
• the determination of the amount of the deposit before conducting the competition for obtaining a broadcasting license
• the granting of consent for contracts with legal entities to which certain responsibilities of the Agency are transferred
• the granting of consent to individual requests from licensed broadcasters
• the granting of consent for broadcasting programs via cable and satellite television
• the granting of consent for the statutes of broadcasting institutions in Serbia and AP Vojvodina
• the determination of the fee for broadcasting radio and TV programs
• the appointment of members of the governing boards of broadcasting institutions in Serbia and AP Vojvodina, which is carried out according to the individual election procedure
• the appointment of two-thirds of the members of the Program Board of the Broadcasting Institution of Serbia through an individual election process
• the election of the ninth member of the Council, proposed by the previously elected members of the Council
• initiating the procedure for the dismissal of a Council member.

Decisions that the Council can make by a simple majority when at least five members are present include:

• decisions on petitions from legal and natural persons
• the issuance of internal warnings to broadcasters
• providing guidance to broadcasters, interpretations of laws and regulations
• granting consent to statutes of broadcasters from the civil sector
• determining the list of events for RTV broadcasts of general interest
• submitting misdemeanor and criminal complaints based on credible documentation
• issuing permits for temporary networking lasting more than three hours per day
• issuing permits for temporary broadcasting during significant cultural and sporting events
• making decisions and measures regarding the protection of copyrights and related rights, protection of minors, against discrimination, hate speech, and similar issues
• granting consent to broadcasters for supplementary coverage in the approved service area
• decisions on the transfer of individual authorizations of the president of the Council to Council members.

The Council may decide by public or secret ballot. Secret voting is mandatory in cases of the election of the president and vice-president of the Council, the election of members of the governing boards of broadcasting institutions, and the determination of lists when nominating members of program boards of broadcasting institutions, as well as in the procedure for suspending or initiating an initiative for the dismissal of a Council member. The Council may decide to hold a secret ballot on other issues if it previously passes such a decision by public voting with a simple majority.

The Statute provides that secret voting is repeated when half of the present members of the Council vote on a proposal.

The Rules of Procedure stipulate that regular meetings are held at least twice a month, except during the period from July 15 to August 31, and a request for meetings to be held urgently can be submitted by the president or one-third of the members, requiring a majority of votes to approve the proposal for holding the meeting.

Source: ANEM