State Treaty on Broadcasting Contribution
| Basic data | |
|---|---|
| Title: | State Treaty on Broadcasting Contribution |
| Abbreviation: | RBStV, RBeitrStV |
| Type: | state contract |
| Scope: | Federal Republic of Germany |
| Legal matter: | Broadcasting law |
| Original version from: | December 13, 2011 (country publications) |
| Entry into force on: | January 1, 2013 |
| New announcement from: | Fifteenth State Treaty Amending Broadcasting from 15./21. December 2010 |
| Please note the note on the applicable legal version. | |
The State Treaty on Broadcasting Contribution ( RBStV or RBeitrStV ) is a state treaty between all 16 German federal states in the law of the Federal Republic of Germany . It regulates the collection of radio broadcasts through the nine in the German federated public state broadcasters and ZDF and Germany radio . Contributions are collected by the ARD ZDF Deutschlandradio contribution service .
The State Treaty on Broadcasting Fees is the successor to the State Treaty on Broadcasting Fees . It is part of Article 1 of the Fifteenth Interstate Broadcasting Treaty of December 13, 2011 and entered into force on January 1, 2013 after ratification by the 16 state parliaments.
content
The regulations include the manner in which radio broadcasts are paid by residents of Germany (e.g. apartment owners) as well as traders and the like. for public broadcasting (original: functional funding of public broadcasting within the meaning of Section 12 (1) of the State Broadcasting Treaty and the financing of the tasks under Section 40 of the State Broadcasting Treaty).
New features include:
- Renaming of the obligation to pay (no longer broadcasting fee )
- Renaming of the processing center ( ARD ZDF Deutschlandradio contribution service , no longer fee collection center)
- Flat rates of 17.50 euros per month for apartments regardless of the type and number of devices and residents (household contribution)
- Flat rates according to graduations (number of business premises, employees and company cars) in the non-private sector
The (former) license fee officers are not mentioned in the new State Treaty in connection with the field service. According to press reports, however, their continued existence is presumably guaranteed.
The amount of the contribution was set on the basis of the figures from the 19th KEF report. A change in the contribution amount is expressly not excluded.
The transfer of responsibilities for the prosecution and punishment of administrative offenses according to the State Treaty on Broadcasting Contributions are different depending on the federal state. B. by state ordinance on the transfer of responsibility for the prosecution and punishment of administrative offenses according to the State Treaty on Broadcasting Contribution of December 3, 2012 (GVBl. P. 374 announced on December 14, 2012) or in the Free and Hanseatic City of Hamburg by order on responsibilities in the field of Broadcasting and Telemedia of March 25, 1997 (Ministry of the Interior).
criticism
Former NDR employee Anna Terschüren criticized in her (accepted) dissertation The Reform of Broadcasting Financing in Germany: Analysis of the Reorganization and Development of an Ideal Model at the TU Ilmenau (2013) that it is a hidden special- purpose tax and the current broadcasting fee therefore is unconstitutional.
Dr. Hermann Eicher, SWR - legal adviser , criticized
“Finally, the reform variant of a device-independent household and business premises tax is constitutionally questionable. In this respect, it is questionable whether such a charge meets the requirements for a special charge developed by the BVerfG and whether even those who do not have a receiver ready would have a claim before Art. 3 I GG. "
Litigation
Several legal proceedings are pending. There are various arguments, for example with regard to the payment obligation of all apartment owners (possibility of radio use) and the mass data comparison with the population registers . Complaints have been submitted to the Federal Constitutional Court (Az. 1 BvR 1700/12 and Az. 1 BvR 2603/12) and seven other courts. According to the SWR , 600 lawsuits are pending across Germany. The Constitutional Court of Rhineland-Palatinate dismissed the constitutional complaint on May 13, 2014 and the Bavarian Constitutional Court dismissed the popular complaints on May 15, 2014 as unfounded. In several revision judgments, the Federal Administrative Court has assumed that the RBeitrStV is fundamentally in conformity with the constitution and with European law. With the judgment of July 18, 2018 (Az. 1 BvR 1675/16, 1 BvR 981/17, 1 BvR 836/17, 1 BvR 745/17), the Federal Constitutional Court declared the broadcasting fee to be constitutional, with the exception of the regulation for second homes.
See also
literature
Comments:
- Hubertus Gersdorf, Boris Paal: Information and media law . Munich 2014, ISBN 978-3-406-66196-9
- Reinhart Binder, Thomas Vesting : Beck'scher commentary on broadcasting law . 4th edition. Munich 2018, ISBN 978-3-406-70985-2
Monographs and reports:
- Hans Peter Bull radio license fee and data protection. Baden-Baden 2010, ISBN 978-3-8329-6272-2
- Christoph Degenhart : Constitutional issues of the permanent establishment fee according to the state broadcasting fee agreement . K&R supplement 1/2013 to issue 3, pp. 1–24. ISSN 1434-6354
- Paul Kirchhof : The Financing of Public Service Broadcasting . Baden-Baden 2010, ISBN 978-3-8329-5838-1
- Thomas Koblenzer, Carina Günther: Tax law qualification of the new broadcast contribution and financial constitutional consequences . 2013, handelsblatt.com (PDF)
- Hanno Kube : The radio license fee. Broadcasting and financial constitutional classification . Baden-Baden 2014, ISBN 978-3-8487-1018-8
- Anna Terschüren: The reform of broadcast finance in Germany. Analysis and reorganization of an ideal-typical model . Ilmenau 2013, ISBN 978-3-86360-062-4
- Eva Ellen Wagner: Moving away from the device-dependent license fee. The reorganization of broadcast financing . Frankfurt a. M. u. a. 2011, ISBN 978-3-631-60654-4
- Stephanie Eggerath: The State Treaty on Broadcasting Contributions. Constitutional issues of the role of the state parliaments in the reforms of the State Treaty on Broadcasting using the example of the Fifteenth State Treaty Amendment. Baden-Baden 2016, ISBN 978-3-8487-3226-5
Individual evidence
- ↑ contract text
- ↑ Front door controls are still possible ( memento of the original from January 19, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , January 16, 2013.
- ↑ MDR confirms that fee investigators will remain , January 14, 2013.
- ↑ The financial effects of the model change in the financing of public service broadcasting are determined in the 19th KEF report. Point 2 Appendix 1 15. RÄndStV - Declaration of minutes of all countries; Appendix 1 15th RÄndStV - Declaration of protocols from all countries , December 15th, 2010.
- ^ Text of the doctoral thesis
- ↑ Against the constitution . In: FAZ , June 26, 2013
- ↑ NDR employee attacks broadcast contribution . Spiegel Online , March 24, 2013
- ↑ NDR employee considers the compulsory levy to be unconstitutional . Focus, March 24, 2013
- ↑ What lawsuits are there against the new radio license fee? , October 7, 2013
- ↑ Urgent application from Stuttgart fails, license fee has to be paid , January 21, 2014
- ^ Judgment of the Constitutional Court of Rhineland-Palatinate of May 13, 2014 - Az. VGH B 35/12
- ↑ Decision of the Bavarian Constitutional Court of May 15, 2014 - Ref. Vf. 24-VII-12 and Ref. Vf. 8-VII-12 ( Memento of the original from May 15, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ E.g. BVerwGE 154, 275
- ↑ BVerwG decision of January 25, 2018 - 6 B 38.18, BeckRS 2018, 1215
- ↑ Federal Constitutional Court, 1st Senate: Federal Constitutional Court - Decisions - Constitutional provisions for collecting the broadcast fee for the first home and in the non-private area. July 18, 2018, accessed August 27, 2018 .
