Is a coalition of stickers coming?
Aktuality.sk has at their disposal a paragraph-by-paragraph wording of the legislative material, which would combine the competences of two key bodies in the hands of the chairman of the ÚRSO. The proposal is in the form of a parliamentary amendment proposal. According to our information, he should be included in the upcoming meeting of the National Council, which will begin on May 26. The material is effective from July 1.
It could be submitted, for example, as a sticker to one of the government’s amendments to the laws related to the field of energy. This would mean that the parliament would approve the changes without a proper commenting and legislative process.
In response to our questions, ÚRSO stated that it “always follows the applicable legislation” and “does not have a legislative initiative”.
According to this proposal, the authority to issue decisions on the level of energy prices for households should be transferred from the chairman of the regulatory office to subordinate departments, but the head of ÚRSO will continue to decide on the staffing and activities of these departments. At the same time, the same person would also decide at the so-called second level, i.e. in the event that regulated entities appeal to the Regulatory Council.
It would be as if the same judge was deciding on the same lawsuit both at the first and second level, explains Rastislav Hanulák, a lawyer who deals with the energy sector. In the past, he was a candidate for SaS and is currently working with Karol Galek, a member of parliament for SaS and former state secretary at the Ministry of Economy. “If the proposal were to pass, it would be another questioning of the independence of the regulatory body,” Hanulák thinks.
The former head of ÚRSO, Andrej Juris, who was appointed to the position by the government of Igor Matovič and dismissed by the government of Robert Fico after the elections, is also critical of the change.
“This proposal de facto creates a personal link between the chairman of the ÚRSO and the chairman of the Regulatory Council, which already existed during the initial adoption of the law on regulation in network industries in 2012,” says Juris. “Already then, as well as today, such a link raises questions about the purpose and possible conflict of interests. This personnel link was legislatively abolished in 2017, and it is questionable why it should be renewed at this time,” he adds.
What they took from Kisk, they want to give to Pellegrini
In addition to strengthening the position of ÚRSO head Holjenčík in the field of energy regulation, his salary should also be increased by 20 percent.
The method of appointing the chairpersons of the Regulatory Council and the ÚRSO itself would also change. According to the proposal, they should be chosen by the president, and not by the government, as it is currently. A similar system existed in the past. In 2017, when the third government of Robert Fico wanted to appoint Ľubomír Jahnátek to the chair of the head of the regulatory office, they changed the law and took away the competence to appoint him from the then president Andrej Kisk.
Attorney Hanulák sees this as an attempt to “cement” Jozef Holjenčík in the leadership of the regulatory authorities.
The former head of the Juris regulatory office is thinking about the effectiveness of such changes. As he points out, the proposal combines the functions of the chairman of the ÚRSO and the chairman of the Regulatory Council. At the same time, however, the functions of the vice-presidents of these two bodies remain.
“The function of the vice-chairman of the office continues to be preserved without obvious competences and duties. Since there is also the function of the vice-chairman of the Regulatory Council, the function of the vice-chairman of the office appears to be duplicative, and it is questionable whether these functions could also be merged for the sake of efficiency, similar to the case of presidential functions,” thinks Juris. In addition, the post of vice president of ÚRSO has been vacant for more than a year.
“Since the head of the office will no longer exercise a large part of the current competences in deciding on regulated prices, it is questionable whether the proposed salary increase is proportional to the extent of his future competences,” he adds.
Instead, according to him, those units of the ÚRSO that would decide on the regulation of energy prices should be strengthened in terms of personnel, expertise and finances. “This is a very demanding and complex activity that has a significant impact on the entire economy of Slovakia,” Juris noted.
