Law to protect German cultural assets against emigration

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Basic data
Title: Law to protect German cultural assets against emigration
Short title: Cultural Property Protection Act (not official) ,
Cultural Property Protection against Emigration (not official)
Abbreviation: KultgSchG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law
References : 224-2
Original version from: August 6, 1955 ( Federal Law Gazette I p. 501 )
Entry into force on: August 10, 1955
New announcement from: July 8, 1999 ( BGBl. I p. 1754 )
Last change by: Art. 2 G of May 18, 2007
( Federal Law Gazette I p. 757, 761 )
Effective date of the
last change: 		May 24, 2007
(Art. 5 Paragraph 1 G of May 18, 2007)
Expiry: August 8, 2016
Weblink: Text of the law
Please note the note on the applicable legal version.

The law for the protection of German cultural property against emigration ( KultgSchG ) was a law in the Federal Republic of Germany. It served to protect German cultural assets from significant loss, e.g. B. through emigration (moving abroad). It was replaced on August 6, 2016 by the Law on the Protection of Cultural Property .

Regulations

Among other things, the law regulated:

  • in the first section: works of art and other cultural assets (except archive material)
  • in the second section: archive material
  • in the third section: penalty and fine regulations
  • in the fourth section: supplementary and final provisions

Works of art and other cultural assets - including library items - were recorded in a “ directory of nationally valuable cultural assets ” in each federal state , and archive materials in a “directory of nationally valuable archives”. The highest state authority decided on the entry of the cultural property in the directory. The initiation of the entry and the subsequent entry were announced in the Federal Gazette. The Federal Government Commissioner for Culture and the Media created a “General Directory of Nationally Valuable Cultural Property” and a “General Directory of Nationally Valuable Archives” from the registers of the individual countries .

The export of registered cultural assets required official approval. The unauthorized export was a criminal offense.

Special regulation for cultural property in church property

The law only applied to cultural and archival material owned by the churches or another religious society recognized as a corporation under public law and their church-supervised institutions and organizations if they themselves so wished.

history

After the First World War , a directory of nationally valuable works of art was created on the basis of the “Ordinance on the Export of Works of Art” of December 11, 1919. In addition, due to the “Ordinance on the Protection of Monuments and Works of Art” of May 8, 1920, there were export restrictions independent of the directory. The reason given was that "panic sales" should be prevented to alleviate acute distress, and the value of the German currency had fallen so that the works offered would have been sold abroad with a high degree of probability. A national pride injured by the defeat is presumed to be the real motive behind this.

After the Second World War , the so-called Cultural Property Protection Act of 1955 required the federal states to keep their own cultural property registers. At the same time, responsibilities were reorganized from the point of view of the “ cultural sovereignty of the states ”. The law was replaced in 2016 by the more comprehensive Cultural Property Protection Act.

literature

  • Norbert Bernsdorff , Andreas Kleine-Tebbe: Protection of cultural property in Germany. A comment. Heymann, Cologne 1996, ISBN 3-452-22722-7 .
  • Ernst-Rainer Hönes : The law for the protection of German cultural assets against emigration of August 6, 1955 . In: Bayerische Verwaltungsblätter (BayVBl.) 35 (1989), pp. 38-42.
  • Diethardt von Preuschen: Law on the protection of cultural assets and EC law. EuZW 1999, p. 40; The Cultural Property Protection Act keeps what it promises. EuR 2001, p. 324
  • Antje-Katrin Uhl: The trade in handicrafts in the European internal market. Free movement of goods versus national protection of cultural assets (Tübingen writings on international and European law, Volume 29) , Duncker & Humblot publishing house, Berlin 1993, ISBN 3-428-07921-3 , ISSN  0720-7654

Web links

Individual evidence

  1. ↑ The law was corrected on October 26, 2007 ( Federal Law Gazette I p. 2547 ), but not Article 2 mentioned here.
  2. ↑ http://www.kulturgutschutz-deutschland.de/DE/3_Datenbank/LVnationalWertvolleKulturguts/lvnationalwertvollenkulturguts_node.html
  3. ↑ Guidance "as a separate, self-contained directory that can also be viewed by third parties (be it as an electronic file)" (see VG Berlin , November 29, 2006, 1 A 162.05)
  4. ^ Ordinance on the export of works of art . In: Reichsgesetzblatt . Born in 1919, No. 236 , December 11, 1919, pp. 1961–1963 ( ALEX Historical Legal and Legal Texts online [accessed December 30, 2018]).
  5. ^ Ordinance on the protection of monuments and works of art . In: Reichsgesetzblatt . Born in 1920, No. 7513 , May 12, 1920, p. 913–914 ( ALEX Historical Legal and Legal Texts online [accessed December 30, 2018]).
  6. ^ Sophie Lenski: Import without export . In: Süddeutsche Zeitung, February 2, 2016, p. 13