News

May 19, 2014 18:00 ( Age: 3 Years)

DLA Piper IP Lecture Series

"The Federal Constitutional Court's Decision on the ZDF State Treaty" (in German)


Bucerius Law School, its Center for Transnational IP, Media and Technology Law and Policy, and DLA Piper cordially invite you to the DLA Piper IP Lecture:

"The Federal Constitutional Court's Decision on the ZDF State Treaty" (in German)

Monday, May 19, 2014
18:00 - 19:30
Reception to follow

featuring
Dr. Werner Hahn (NDR North German Broadcasting)

moderated by
Professor Dr. Michael Fehling (Bucerius Law School)

at
Bucerius Law School (Room U.56)
Jungiusstrasse 6
20355 Hamburg

Please click here to register...

Background

Upon the applications of the governments of the federal states of Rhineland-Palatinate and Hamburg, the First Senate of the Federal Constitutional Court decided, in a judgment delivered on March 25, 2014, that the fundamental freedom of broadcasting (Art. 5 I 2 of the Grundgesetz) demands that the institutional set-up of the public broadcasting corporations is guided throughout by the principle of ensuring diversity, and that the share of members who are part of state authority or close to it is strictly limited.

The ZDF State Treaty meets this standard only in part. Contrary to the current legal situation, the share of persons in the Television Council and in the Administrative Council who are part of state authority or close to it must be restricted to one third. Representatives of the executive may not have a controlling influence on the selection of the members who are detached from state authority; incompatibility regulations must be created which ensure that on the personal level, these persons are independent from the state. Personal independence in the exercise of their functions must be safeguarded by ensuring that the members of the bodies are not bound by instructions, and that they can only be dismissed for important reasons. Moreover, a minimum of transparency must be created with regard to the work of the supervisory bodies. The federal states are obliged to enact new, constitutional legislation until June 30, 2015 at the latest.

For other questions about the event, email karsten.windler(at)law-school(dot)de