Monika Grütters, the Minister of State for Culture and Media, will present a first draft.
On Wednesday gave the Minister of State for Culture and Media, Monika Grütters, a longer explanation on the planned cultural property protection law from – and lay the first time officially a draft bill before. The debate, which was like a frightened anthill run in circles parts of the art market in recent weeks and that caused last the painter Georg Baselitz allegedly threatened for fear of expropriation and confiscation, withdraw its loan from German museums (FAZ of 14 and 15 July), the other hand, based on unofficial speaker designs that had been smuggled out of the ministry.
So you talked about a law to the it did not even exist an official design, we discussed about what was feared or had heard – and a bad level was quickly beyond all legitimate and sharp criticism reached: The inglorious climax was a letter, which was yesterday sent on behalf of numerous gallery in which the undersigned German art dealer with that put their treatment by Grütters in relationship, the “learn more Jewish collectors during the Nazi era had” a parallel, for apparently ashamed none of the signatories.
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The debate about the planned cultural property protection law is also an object lesson about how the inability to understand the content of legislative text drafts, could ultimately lead to a veritable stampede in the world of collectors and dealers. Grütters it comes, among other reasons, to make the stocks of German museums lump sum protection. What, so the obvious question, but then happens to the items on loan from private collectors there? An author who misunderstood the unofficial draft bill, wrote, this meant "that any permanent loan, which is more than five years held in a public house and shown there in a list of stations, automatic national treasure is." He had read that the protected status of private loans is only an offer of the State; that each lender may refuse and that they are valid only for the duration of the loan. But now the rumor in the world, the reaction was violent: Baselitz declared he subtract, also Mayen Beckmann, granddaughter of the painter Max Beckmann, announced in a letter when "artworks that were lent to museums for more than five years, automatically, National Treasure are, '"she draw from the works of her grandfather from Germany. So too, it became apparent, misinformed accidentally or deliberately.
Baselitz deducts, Beckmann also: The instigated by interested parties panic took hold - because Grütters was a hundred times to emphasize that they, applying only rules that apply to the export of cultural property from Europe already on the internal market and that since 1955 countries can put art on a list of nationally valuable cultural property - what you can find on private property, problematic and must. But the new law brings here no worsening in terms of the feasibility or marketability of artworks in the world market in Basel or New York. It produced only by the expansion of existing schemes to the European countries an annoying more paperwork that when applications are not processed quickly and stuck plants in the export license process, actually could be a serious problem for the traders.
Additional confusion arose when in any of circulating drafts, the Commission, the need in the countries previously advised that "nationally valuable" is considered, and also in the art trade is represented, had disappeared. This would mean that in the future theoretically an employee of a regional authority may refuse the export and the owner would remain only the tedious way pre Administrative Court. In the current draft, the Commission is now provided but again and also clarified that there will be no extended right of access that continue as now restricts the inviolability of the home of the collector already possible.
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So everything well? The real issues go under: How can we guarantee that it will more settled so quickly on export licenses that trade creates no harm? How should the complicated situation of responsibilities between federal and state governments to be clarified; as can be guaranteed given the delegation of key issues of the legislative level to the soft-regulation amorphous nature of legal certainty? And, much more important: What could the government do for the general-torn VAT disaster art market? A few more or less export permits are not the main problem.
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