Arbitration tribunal and the option to lodge a unilateral request for mediation

One issue on the agenda of the 20th top-level meeting on cultural policy was the reform of the Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property. The essence of this reform is as follows: “The Federal Government Commissioner for Culture and Media (BKM), the German Federal States and the leading municipal associations will endeavour to replace the current Advisory Commission with an arbitration tribunal.”

At the invitation of the Chairman of the Conference of Ministers of Culture, Minister Timon Gremmels, a meeting was held in Berlin which was attended by the Federal Government Commissioner for Culture and Media, Minister of State Claudia Roth, the Culture Ministers and Culture Senators of the German Federal States, and the representatives of the leading municipal associations and the Cultural Foundations of the German Federal States and the Federal Government.

What is more, a joint paper was issued, a key element of which is an agreement on the option of lodging a unilateral request for mediation vis-à-vis public organisations dedicated to the preservation of cultural property. The arbitration tribunal is to be established based on a differentiated assessment framework and new rules of procedure, while claimants and provenance researchers are also to be more closely involved in the proceedings.

Claudia Roth, Minister of State for Culture and the Media: “Today’s joint decision is a major step forward towards significantly improving the restitution of Nazi-looted art. I am delighted that we have now come to an agreement between the federal government, the federal states and the municipal associations on the option to lodge a unilateral request for mediation – something that was particularly important to me. In addition to this, we will work together to boost provenance research. We have jointly set ourselves an ambitious timetable with the aim of ensuring that the reform comes into effect by the end of this year. This will enable us to implement the objectives of the Washington Principles much more effectively.”

An existing working group made up of representatives of the BKM, the federal states and the leading municipal associations will continue to drive the reform forward. This process will also draw on research findings in the field of comparative law.

The resolution paper on the reform of the Advisory Commission is available for download here (German only).