Reference no.:
Official Gazette RS, No. 19/2014 | 06.03.2014
By adopting a statutory regulation by which it imposed on television programme broadcasters that are listed as national terrestrial digital broadcasting multiplexes and that broadcast on the entire territory covered by the multiplex the obligation to carry out a public tender for the financing of films produced by independent producers intended for public cinema screenings and the obligation to devote at least 5% of their previous year’s profits to such financing, as established in their tax statement in accordance with tax regulations, decreased by deducted taxes and interests paid by the television programme broadcaster for the previous year, the legislature interfered with the right to free economic initiative (the first paragraph of Article 74 of the Constitution). In so doing, the legislature did demonstrate a public interest, i.e. in stimulating the financing of the making (production) of Slovene films produced by independent producers and intended for public cinema screenings, however, the severity of the consequences of the challenged provisions (i.e. that the extent and manner of the expenditure of profits for the financing of an activity unrelated to the activities of television programme broadcasters are determined) exceeds the benefits arising therefrom. The challenged measure is therefore excessive.
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Type of procedure:
review of constitutionality and legality of regulations and other general acts
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Outcome of proceedings:
annulment or annulment ab initio