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The Federal Constitutional Court has rejected urgent requests from ARD, ZDF and Deutschlandradio against blocking the transmission rate increase by Saxony-Anhalt. This means that the monthly contribution at the end of the year cannot increase by 86 cents.
By Klaus Hempel, ARD Legal Editor
The Federal Constitutional Court has refused to order a provisional increase in the transmission rate. The judges rejected the corresponding urgent motions of the public broadcasters ARD, ZDF and Deutschlandradio.
But he hasn’t made a final decision yet. The Constitutional Court will decide at a later date whether or not the license fee should be increased.
Judge: justification is not enough
Broadcasters had argued that without an increase in January the program offer would deteriorate and this would irreparably violate their freedom to broadcast. However, in the opinion of the Federal Constitutional Court, they did not provide sufficient reasons for serious disadvantage before the final decision on the contribution.
At the beginning of the year, the independent commission to determine the financial needs of broadcasters (KEF) proposed that the broadcasting fee be increased in January from the current EUR 17 50 to EUR 18 36. All federal states have approved the proposal, with the exception of Saxony-Anhalt.
Prime Minister Reiner Haseloff, CDU, had withdrawn the bill before the state parliament could vote on it. By withdrawing the bill, Haseloff saved his divided government coalition with the SPD and the Greens and prevented a joint vote of the CDU and the AfD in parliament.
ARD, ZDF and Deutschlandradio consider this procedure to be unconstitutional. When the Federal Constitutional Court will finally decide on the transmission rate it is open.
(AZ: 1 BvR 2756/20, 1 BvR 2775/20, 1 BvR 2777/20)
