Wednesday, July 15, 2015

Surprise in cultural property dispute – THE WORLD

Culture Minister Monika Grütters had invited yesterday to Berlin to the last sharp criticism of its draft bill to provide for the protection of cultural property law. Collectors and artists had threatened to withdraw their loans from the museums, the law in the circulating form should be adopted. Now presented the controversial bill in paper form with the remark that only this version wearing her signature. However, it was the pure legal text, on 39 pages. The sometimes decisive explanations of each paragraph – they fill the majority of the total of nearly 150 pages – she promised as soon as possible on the Internet to make it public

The revised text. contains some surprises in terms of the main criticisms: The Minister for Culture has made significant modifications. The troubling restriction of inviolability of the home is completely removed from the law. “I’m sorry”, Grütters commented that they had taken out of the rules listed in the first draft. The requirement is met, finally nachvollziehbarere to provide more detailed criteria that define what ever National Treasure is and what is not. In the coming weeks Monika Grütters plans to work out the points and take into law

In addition, -. And is delighted many collectors – is a lenders opt-out clause offered, that is, they can now decide whether they want the classification of their permanent loans as national treasures or not. That the status expires when the work will be deducted from the museum, is now in the legislative text itself under Clause 7.2. In addition, a change is striking: Now is no longer generally of “directories” speech, in which the works must be added to museums, to its national cultural heritage, but more restrictive in that they must belong to the “inventory” of the museum.

Even all these changes and adaptations are a great success for the critics. Your rejection of an introduction of pre-emption, as practiced in England, the Culture Minister of State explained based on supreme court so that there is for no legal basis in Germany.

She pointed – as already in her interview in the “Welt am Sonntag” in early June – indicated that it had proposed by the associations in the spring at the hearing of the law, the values raise the EU Directive of 50 years and 150,000 euros in paintings as limits on export licensing requirements. The trade but had explicitly requested that it stay with the EU values, because otherwise he feared an even bigger bureaucracy with many different margins. This wish she was then complied. Monika Grütters but now no longer hesitate and react to criticism in this respect: It plans to occupy until now painting from the age of 70 years and a value of more than EUR 300,000 with export requirements. They will also raise the sometimes much more critical values ​​for other media, such as for drawings which are eligible for export stand at present, more than 15,000 euros not without permission.

After this relent to have to make all the thoughts – about criteria: What we want to preserve what we mean by national treasures? Monika Grütters calls here to help. For the curators no longer the possession of art would stand in the foreground, but the preservation of values ​​for the whole world. With her a containment of the art is in any case not feasible. The criteria that arise under this sign will mean greater legal certainty, since they are verifiable in the law, instead of being as previously decided by non-binding recommendations of the Standing Conference at the country level.

This Monika Grütters abuts a second debate. The museum directors but have recently keeping silent. Grütters criticized the museums for their silence: they were still involved at any point in the development, and now they would not even bring Georg Baselitz to allow his works in the museums – an elegant Volte, by the pressure of justification for the mess the Minister accepts. A planned for tomorrow meeting with collectors and art dealers but she canceled. You will not be dissuaded, by bringing their law.

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