Art Law: Bavarian Legislative Proposal “Unlikely to Succeed”, Minister Says

The Bavarian legislative proposal dealing with art restitution rlaims will be on the agenda of the Upper Chamber (Bundesrat) of the German parliament this Friday. Ahead of the session, Thomas Kutschaty, the Minister of Justice for North Rhine Westphalia went on the record in an interview yesterday with news magazine FOCUS, stating that the Bavarian would “certainly not be approved” in parliament in its current form. Kutschaty on the one hand voiced constitutional concerns and on the other hand criticized the Bavarian approach on the burden of proof. It would be almost impossible, he said, of the heirs of Nazi victims, to provide evidence as to the ownership of lost art. Like many critics, however, he has – so far, at least – remained silent on the alternatives he would propose.

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