State Treaty on Broadcasting in United Germany

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The State Treaty on Broadcasting in Unified Germany between all sixteen German federal states mainly came into force on January 1, 1992. A regulation to restrict advertising in television programs (Section 15 (2) RStV) did not come into force in the State of Hesse until January 1, 1993. The State Treaty was amended for the 18th time with effect from January 1, 2016 (as of August 2016).

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Proclamation in the countries

The state treaty was transformed into state law . So in

  • Baden-Württemberg: Law of November 19, 1991 (Journal of Laws p. 745, corrected 1992 p. 188),
  • Bavaria: Announcement of December 18, 1991 (GVBl p. 451),
  • Berlin: Law of December 19, 1991 (GVBl. P. 309),
  • Brandenburg: Law of December 6, 1991 (GVBl. P. 580),
  • Bremen: Law of September 17, 1991 (Brem.GBl. P. 273),
  • Hamburg: Law of December 16, 1991 (HmbGVBl. P. 425),
  • Hesse: Law of August 31, 1991 (GVBl. I p. 367), revised by the notice of July 28, 2009 (GVBl. I p. 278),
  • Mecklenburg-Western Pomerania: Law of December 5, 1991 (GVOBl. MV p. 494),
  • Lower Saxony: Law of November 26, 1991 (Nds. GVBl. P. 311),
  • North Rhine-Westphalia: Announcement of November 20, 1991 (GV.NRW. P. 408),
  • Rhineland-Palatinate: Law of December 10, 1991 (GVBl. P. 369),
  • Saarland: Law of October 29, 1991 (Official Journal p. 1290),
  • Saxony: Law of December 19, 1991 (SächsGVBl. P. 425),
  • Saxony-Anhalt: Law of December 12, 1991 (GVBl. LSA p. 478),
  • Schleswig-Holstein: Law of December 12, 1991 (GVOBl. Schl.-HS 596) and
  • Thuringia: Law of December 18, 1991 (GVBl. P. 635).

Partial nullity

Article 3 of the State Treaty on Broadcasting in the United Germany, which creates the basis for the ZDF , is partially incompatible with Article 5 of the Basic Law and is therefore void due to the judgment of the Federal Constitutional Court of March 25, 2014 . However, the regulations continued to apply for a transitional period up to June 30, 2015; the legislature was called upon to create a constitutional solution. In particular, the composition of the ZDF administrative board , in which the parties had too much influence, was criticized . The states of Rhineland-Palatinate and Hamburg had sued after the then editor-in-chief of ZDF, Nikolaus Brender , had to vacate his post at the intervention of the CDU , in particular Roland Koch , then Prime Minister of Hesse, who was requested by Edmund Stoiber . In the future, people and politicians close to the state will be allowed to make up a maximum of 33% on the ZDF television council, previously 44%. In the future, this group may make up a maximum of 43% on the ZDF Board of Directors. In addition, these members of the Board of Directors are not allowed to exercise any decisive influence on the composition of the ZDF Television Council.

criticism

However, after the amendment of the State Treaty, critics are of the opinion that the state continues to exercise too great an influence, the position of the governing parties towards the opposition is too strong, and important representatives of society are missing.

Andreas Paulus formulated a different opinion in the judgment: The judgment would not do justice to its own standard of reflecting the opinions of society in the broadcasting council. In his opinion, the participation of members of the executive branch is fundamentally harmful, a third quota too high. “If the supervisory bodies of radio and television are dominated by those whose control they are supposed to enable, among other things, their function is impaired. With the option of sending executive representatives, the judgment redefines state power from a threat to diversity to an element of precisely guaranteeing diversity. " Bodies.

swell

  1. ↑ Art. 7 Paragraph 3 Clause 1
  2. ↑ Art. 7 para. 3 sentence 2
  3. ↑ Rundfunkstaatsvertrag 2016 ( Memento of the original from August 25, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.tlm.de
  4. ↑ current, consolidated version of the ARD State Treaty
  5. ↑ current, consolidated version of the ZDF State Treaty
  6. ^ Judgment of the First Senate of March 25, 2014
  7. ↑ First Brender left, now politics goes . ( tagesspiegel.de [accessed on November 19, 2016]).
  8. ↑ Politicians continue to rule . ( tagesspiegel.de [accessed on November 19, 2016]).
  9. ↑ See Federal Constitutional Court (BverfG): 1 BvF 1/11 of March 25, 2014, paragraph no. 41