Mr. Mahlo, an arbitration tribunal should now be set up for the return of Nazi-looted art. Is this the long-awaited breakthrough?
We continue to call for a restitution law at the federal level so that the victim families can also reclaim stolen art in private hands, for example from banks, insurance companies and foundations. But the agreement that has now been found points in the right direction.
Will it now be easier for Nazi victims and their heirs to get looted cultural assets back into public ownership?
That is the expectation we have. In the future, the victim side can appeal to the arbitration tribunal even if museums refuse. In the past, museums have been able to let victims’ families’ concerns roll off their radar for decades. Things will be different now.
What else should change?
The awards of the arbitral tribunal should be binding. So far, the Advisory Commission has only made recommendations that the parties to the dispute do not necessarily have to adhere to. In the 20 years of its existence, it has only decided two dozen cases. Around 70,000 suspected cases are registered in the German lost art database. Even if only a fraction of these reach the arbitration courts, that is many times more than before.
Will Jewish organizations and victims’ representatives have a say in the composition of the arbitration courts?
Yes. We have agreed that a pool of 36 arbitrators will initially be formed, half of which, i.e. 18, will be appointed by the victims’ side, i.e. the Claims Conference and the Central Council of Jews in Germany, and the other half will be appointed by the state.
What criteria should the arbitration board use to make its decision?
There should be an evaluation framework that, for example, eases the burden of proof or establishes the presumption of ownership. We have set out significant relief for the victims here.
Will the procedure be legally secure?
We are far from reaching our goal yet. The arbitration rules now adopted by the federal and state governments are only one part of a large puzzle. In order for the whole thing to work, administrative agreements must be concluded between the federal and state governments and the lifting of the statute of limitations and proceedings must be approved by the German Bundestag. If one of these pieces of the puzzle is missing, the entire construct collapses and restitution would come to a complete standstill. Given the majority in some state parliaments, this reform is not yet in the clear.
Spoke to the representative of the Jewish Claims Conference in Europe
Michael Thaidigsmann.
