Library Act

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

A library law is a legal basis for the operation and maintenance of libraries by the public sector . Often - such as B. in the libraries of Ireland  - also constituted by a library act a body for the promotion of librarianship. More than half of the EU countries have library laws. The other main form of library- specific legislation is the legal deposit right .

Library laws in Germany

history

There were approaches for library legislation in Germany as early as the Weimar period.

The first - if not democratic - library law was probably the law of the Reich government of April 18, 1940 on the German library in Leipzig, which converted it into an institution under public law and two-fifths of its funding to the Reich, two-fifths to that Saxony and a fifth of the city of Leipzig was imposed.

Probably the first parliamentary German library law was the Saxon "Law on the Democratization of the Library System" of February 4, 1949 (compulsory task for communities with more than 1000 inhabitants, § 2; distribution of funding, § 6; approval requirement, § 8). It only applied until the state of Saxony was dissolved in 1952.

In the GDR there was later an ordinance of the Council of Ministers “on the tasks of the library system in shaping the developed social system of socialism in the German Democratic Republic” from May 31, 1968, in the Federal Republic the “Law on the German Library” from 31 May 1968 March 1969.

Current laws and legislative procedures

In Germany, legislative competence for library laws is primarily attributable to the federal states. The federal government only passed an amendment to the law first passed in the spring of 1969 for the German National Library in 2006 . The “Law for the Promotion of Further Education and Libraries” of December 11, 1975 applies to Baden-Württemberg. In its final report 2007, the German Bundestag 's study commission “Culture in Germany” recommends that the federal states enact library laws and make public libraries a compulsory task to be fixed. The German Library Association in 2008 published a specimen Library Act in § 2, the entertainment of public libraries as a mandatory task of the cities, municipalities and counties and in § 8, the cost of freedom of general use provides for the stock without borrowing.

As a result , the Landtag in Thuringia was the first federal state to pass a library law on July 4, 2008, which came into force on July 30, 2008. The law goes back to an initiative of the Thuringia Regional Association of the German Library Association chaired by the director of the Weimar University Library, Dr. Frank Simon-Ritz . The association had already presented a legislative proposal in 2006, which was introduced in November 2007 by the parliamentary groups of the Left and the SPD in the Thuringian state parliament. The CDU majority parliamentary group then introduced its own draft to the state parliament in April 2008, which was then given slightly amended legal force. Despite frequent criticism, public libraries were not laid down as a compulsory municipal task in this law.

A second library law has been in place in Saxony-Anhalt since July 27, 2010 . Bills from the LINKE and a joint submission by the SPD and CDU did not differ significantly due to the submission of a sample draft by the library association. Libraries are defined as an educational institution - but not as a compulsory municipal task.

The third new library law was passed on September 23, 2010 in Hesse , the fourth on December 3, 2014 in Rhineland-Palatinate . The fifth and last library law was passed in Schleswig-Holstein on August 30, 2016 (as of 2020). It is expected that other federal states will also enact library laws.

The practical use of the new library laws is, however, controversial.

literature

  • Christiane Bohrer (Ed.): Library legislation in Europe - contributions to discussions and country reports . Bock + Herchen, Bad Honnef, 2000, ISBN 3-88347-209-3
  • Aloys Lenz: Approaches and standstill of a library legislation in Hesse since 1945. In: Barbara Lison (Hrsg.): Information and ethics - Third Leipzig congress for information and library . Dinges & Frick, Wiesbaden 2007, ISBN 3-934997-17-1 , pp. 387-390
  • Gustav Rottacker: Library Law and Library Associations . In: Johannes Langfeldt (Ed.): Handbuch des Büchereiwesens . Harrassowitz, Wiesbaden 1965, 2nd half volume, pp. 192-213
  • Barbara Schleihagen: Library Laws in Europe - Means of Political Control and Shaping . (PDF) In: Bibliothek Forschung und Praxis , 2008, no. 1, pp. 14–20
  • Frank Simon-Ritz: On the way to a library law in Thuringia . In: Barbara Lison (Ed.): Information and Ethics - Third Leipzig Congress for Information and Library . Dinges & Frick, Wiesbaden 2007, pp. 391–395, ISBN 3-934997-17-1
  • Frank Simon-Ritz: The Thuringian Way to a Library Act . (PDF; 193 kB). In: Bibliothek Forschung und Praxis , vol. 2008, no. 3, pp. 318–325
  • Eric W. Steinhauer : Library Legislation in Germany: Practice - Problems - Perspectives . In: Barbara Lison (Ed.): Information and Ethics - Third Leipzig Congress for Information and Library . Dinges & Frick, Wiesbaden 2007, pp. 375–386, ISBN 3-934997-17-1 , preprint
  • Eric W. Steinhauer, Cornelia Vonhof (eds.): Library legislation: a manual for practice, especially in the state of Baden-Württemberg . Bock + Herchen, Bad Honnef 2011, ISBN 978-3-88347-278-2 .
  • Frank Simon-Ritz: Policy for libraries: 10 years of the Thuringian Library Act . In: Achim Bonte, Juliane Rehnolt (ed.): Cooperative information infrastructures as an opportunity and a challenge . deGruyter, Berlin 2018, ISBN 978-3-11-058752-4 , pp. 244–253 ( digital edition )

Web links

Individual evidence

  1. ↑ Wolfgang Thauer (Ed.), The public library of the Weimar period (1984), p. 67 f., P. 75 ff. ("Aspects for the discussion of a German library law" of the Association of German People's Librarians from 1931)
  2. ↑ cf. “ Enabling Act ” of March 23, 1933
  3. ↑ RGBl. I pp. 657-658
  4. ↑ bibliotheksrecht.de  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.bibliotheksrecht.de  
  5. ↑ GBl. II No. 78 pp. 565-571
  6. ↑ BGBl. I p. 265-268, ( BGBl. 1969 I p. 265 )
  7. ↑ cf. Art. 70 GG
  8. ↑ " Further Education Promotion Act "
  9. ↑ BT-Drs. 16/7000 (PDF; 6.45 MB), especially p. 129 ff.
  10. ↑ bibliotheksverband.de (PDF)
  11. ↑ ThürBibG of July 16, 2008
  12. ↑ Thür. LT-Drs. 4/3503  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.parldok.thueringen.de  
  13. ↑ Thür. LT-Drs. 4/3956 ( Memento of the original from November 28, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.parldok.thueringen.de
  14. ↑ BiblG LSA of July 16, 2010
  15. ↑ State Parliament of Saxony-Anhalt, printed matter 5/1930, DIE LINKE parliamentary group: Draft of a library law for the state of Saxony-Anhalt (BIBG-LSA) (PDF; 38 kB)
  16. ↑ State Parliament of Saxony-Anhalt, printed matter 5/2016, parliamentary groups of the CDU and the SPD: Draft of a library law for the state of Saxony-Anhalt (BiblG) (PDF; 93 kB)
  17. ^ Hessian Library Act. documenta archiv, September 23, 2010, accessed on June 23, 2020 .
  18. ↑ State Library Act. State Library Center Rhineland-Palatinate, December 12, 2014, accessed on June 23, 2020 .
  19. ^ Law for the libraries in Schleswig-Holstein and amending the state press law. Law and Ordinance Gazette for Schleswig-Holstein, September 29, 2016, accessed on June 23, 2020 .
  20. ↑ Eric W. Steinhauer: The Hessian Library Act as a legal norm: legal-political comments on a supposed "shop window law" . In: Library Service . tape 44 , no. 6 , October 2010, ISSN  2194 to 9646 , doi : 10.1515 / bd.2010.44.6.637 ( degruyter.com [accessed on 22 June 2020]).