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According to the Constitutional Court, the automatic calculation of the LRT budget on the basis of the revenues collected from personal income taxes and excise duties ensures that the national public broadcaster is not subject to political pressure due to its activities.
“Such legal regulation creates preconditions to protect the institutional and editorial independence of the national public broadcaster,” said Dainius Žalimas, president of the Constitutional Court, introducing the ruling on Tuesday night.
According to the Constitutional Court, the independence of the LRT would be compromised if the Government and the Seimas had broad discretionary power to decide annually on the LRT budget, especially considering the fact that the national broadcaster cannot receive funds from advertising.
“When determining this LRT financing model, the constitutional status of the national public broadcaster is taken into account, including its independence from political power and the public’s interest in being objectively informed,” said D. Žalimas.
However, the Constitutional Court recognized that the Constitution is in conflict with some other laws that establish specific pre-financing of various funds and programs, establishing their amount as a certain percentage of excise duties and taxes.
The Constitutional Court examined this case at the request of the Government. He stated that the procedure for financing the LRT and other programs and funds limits the constitutional powers of the Government and Seimas to plan and approve the state budget.
The leadership of the Lithuanian National Radio and Television has pressed the Government’s appeal to the Constitutional Court. Prime Minister Saulius Skvernelis says such allegations are unfounded, because the Government has requested not only the LRT, but also all the institutions and funds for which special funding is provided.
According to the law, the amount of funds allocated to the LRT from the state budget each year is 1.5% of the state budget and revenues from the municipal budget from personal income tax and 1.3% of income from excise duties actually received in the previous year.
LRT’s budget in 2020 is 46.3 million. euros. It is expected to grow to 53.8 million next year. However, the draft state budget provides for a restriction that the LRT may not use more than 51 million euros in 2021. 674 thousand for the remaining 2 million euros. 120 thousand must obtain the approval of the Ministry of Finance.
The commercial media have complained to the European Commission about the LRT funding procedure.
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