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Comité des affaires juridiques

FICHE DESCRIPTIVE DU COMITE DES AFFAIRES JURIDIQUES ET DE L’ACCES EQUITABLE AUX MEDIAS PUBLICS
DENOMINATION
COMITE DES AFFAIRES JURIDIQUES ET DE L’ACCES EQUITABLE AUX MEDIAS PUBLICS
RATACHEMENT
AMONT : Bureau
AVAL :      Tous les Comités
DESCRIPTION DE LA MISSION
* Veiller à la bonne gestion de l’ensemble des actions juridiques relatives à la régulation de la communication écrite et audiovisuelle et à l’accès de tous les citoyens togolais aux médias publics.
RESPONSABILITES PERMANENTES
PRINCIPALES ACTIVITES GENERIQUES
-         Veiller à l’application des procédures légales et réglementaires en vue d’assurer la bonne régulation de la presse ;
-         Garantir la gestion du contentieux relatif à la communication écrite et audiovisuelle ;
-         Garantir l’élaboration et la mise au point de projets de textes juridiques tenant compte de l’évolution du secteur de la communication ;
-         Assurer le respect de la régulation de la communication ;
-         Garantir l’assistance des autres Comités sur le plan juridique ;
-         Contribuer aux travaux des différents Comités et aux études menées au sein de la HAAC ;
-         Assurer l’application de la loi organique surtout en ses dispositions portant modalité d’accès aux médias publics.
-         Optimiser les ressources et moyens mis à la disposition du Comité ;
-         Réaliser des missions d’enquête en vue de constater les infractions objet des plaintes reçues ;
-         Interpréter les textes juridiques au profit de l’organe de régulation, de ses partenaires, et surtout de la population ;
-         Superviser les travaux d’enquête externe ou les travaux de veille juridique ;
-         Effectuer des analyses comparatives des politiques de régulation ;
-         Valider les projets de textes juridiques ;
-         Représenter la HAAC au sein des Instances juridiques et au cours des procès portant sur la communication.
PROCEDURES DE REGLEMENT DE LITIGES
PROCEDURE CLASSIQUE
-         Conciliation (30 jours) y compris la période d’examen de dossier par le Comité Juridique ;
-         Arbitrage et décision (60 jours) y compris le temps d’expertise, de vérification des faits, de contrôle et d’audition des parties.
PROCEDURE D’URGENCE OU D’ENQUETE EN REFERE
Ici, le Comité ne peut dépasser 30 jours pour déposer rapport
-         Cas de préjudices immédiats significatifs ;
-         Mesures conservatoires avant toute instruction au fond de la requête ;
-         Voie de recours (avant tout recours juridictionnel, recours devant la HAAC).
CRITERES DE PERFORMANCE
-         Respect des missions allouées au Comité ;
-         Respect des délais, temps alloué aux différents travaux du Comité ;
-         Respect scrupuleux des dispositions du code de la presse, de la loi organique et des autres textes règlementaires, surtout en période électorale.
COMPOSITION
-         Une Présidente du Comité
-         Un Magistrat (membre)
-         Un Avocat (membre)
-         Un Conseiller Juridique du Ministère de la Communication et de la Formation Civique  (membre)
-         Un représentant des Associations de Presse (rapporteur)
-         Un représentant des médias d’Etat (membre).