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GERMANY
Last profile update: January 2016
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Standard Reference: Council of Europe/ERICarts: "Compendium of Cultural Policies and Trends in Eu-
rope", 17th edition 2016. Available from World Wide Web: <http:// www.culturalpolicies.net> / ISSN: 2222-
7334.
GERMANY1
1. HISTORICAL PERSPECTIVE: CULTURAL POLICIES AND
INSTRUMENTS ........................................................................................................... 2
2. GENERAL OBJECTIVES AND PRINCIPLES OF CULTURAL POLICY ........ 4
2.1 Main features of the current cultural policy model ........................................................ 4
2.2 National definition of culture ......................................................................................... 4
2.3 Cultural policy objectives ............................................................................................... 5
3. COMPETENCE, DECISION-MAKING AND ADMINISTRATION .................... 6
3.1 Organisational structure (organigram) ........................................................................... 6
3.2 Overall description of the system ................................................................................... 7
3.3 Inter-ministerial or intergovernmental co-operation ...................................................... 9
3.4 International cultural co-operation ............................................................................... 10
4. CURRENT ISSUES IN CULTURAL POLICY DEVELOPMENT AND
DEBATE...................................................................................................................... 15
4.1 Main cultural policy issues and priorities ..................................................................... 15
4.2 Specific policy issues and recent debates ..................................................................... 22
4.3 Other relevant issues and debates ................................................................................. 36
5. MAIN LEGAL PROVISIONS IN THE CULTURAL FIELD............................... 38
5.1 General legislation ........................................................................................................ 38
5.2 Legislation on culture ................................................................................................... 43
5.3 Sector specific legislation ............................................................................................. 44
6. FINANCING OF CULTURE .................................................................................... 50
6.1 Short overview ............................................................................................................. 50
6.2 Public cultural expenditure ........................................................................................... 51
6.3 Trends and indicators for private cultural financing .................................................... 53
7. PUBLIC INSTITUTIONS IN CULTURAL INFRASTRUCTURE ...................... 54
7.1 Cultural infrastructure: tendencies & strategies ........................................................... 54
7.2 Basic data about selected public institutions in the cultural sector .............................. 55
7.3 Status and partnerships of public cultural institutions.................................................. 55
8. PROMOTING CREATIVITY AND PARTICIPATION ....................................... 56
8.1 Support to artists and other creative workers ............................................................... 56
8.2 Cultural consumption and participation ....................................................................... 57
8.3 Arts and cultural education........................................................................................... 60
8.4 Amateur arts, cultural associations and civil initiatives ............................................... 64
9. SOURCES AND LINKS ............................................................................................ 66
9.1 Key documents on cultural policy ................................................................................ 66
9.2 Key organisations and portals ...................................................................................... 68
1
The German country profile was updated by Ulrike Blumenreich.
Last profile update: January2016.
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over by associations, sometimes with the help of sponsors. Since then, the structures for
cultural policy development in Germany's eastern federal states (Länder) have essentially
become similar to those of the "old" Federal Republic.
Federal Republic of Germany (1949-1990)
Following World War II, Western Allies prescribed a very narrow role for the government
of the new Federal Republic of Germany in the field of cultural policy, mainly as a conse-
quence of the National Socialists' former abuse of culture and the arts. Following the resto-
ration of the cultural infrastructure, cultural policy remained at first largely limited to the
promotion of traditional art forms and cultural institutions. Not until the process of social
modernisation got under way - accompanied by the youth and civic protest movements of
the 1960s onward - did the scope of cultural policy broaden to include other, e.g. "socio-
cultural", areas of activity.
A "New Cultural Policy" emerged in the 1970s as part of a general democratisation process
within society, the thrust of which was expanded to encompass everyday activities. The
arts were to be made accessible to all members of society if at all possible. In the 1970s,
the call for "culture for everyone" and for a "civil right to culture" led to a tremendous ex-
pansion of cultural activities, the further development of cultural institutions and the emer-
gence of numerous new fields of cultural endeavour financed by increasing public expendi-
ture. This growth was matched by continuously rising popular demands for a variety of
cultural goods and services.
The reform-oriented cultural policy objectives of the 1970s were replaced in the 1980s by
new priorities which saw culture as a factor enhancing Germany's attractiveness as a loca-
tion for business and industry.
Reunified Federal Republic of Germany (since 1990)
The 1990s were profoundly influenced by the unification of Germany. In the new eastern
federal states (Länder), adoption of the administrative structure of the "old" Federal Repub-
lic and its approach to cultural policy prompted a restructuring of and radical changes in
the cultural landscape. These years have also been marked by austerity measures and
budgetary constraints and by the increasingly evident structural problems of the major tra-
ditional cultural institutions.
In the early years of the following decade, cultural policy in Germany stabilised in compar-
ison to the changes of the 1990s. However, cultural policy still faces great challenges and
requires a constant re-orientation. The main issues are financial, particularly as the nega-
tive consequences of the recent global financial crisis on local and regional public budgets
become more visible. On the other hand, some of these problems are structural in nature
and concern the conceptional basis of cultural policy. Despite an improved state budget on
the national level and in some of the federal states (Länder), there is on-going pressure on
cultural institutions to increase their economic equity-ratio, to lead their institutions more
economically, as well as to obtain funds from other sources such as sponsorship, patronage
and marketing. In particular, the structural problems require a readjustment of the relation-
ship between the state, market and society concerning the financing of cultural institutions,
among other methods, through public private partnership models and a stronger integration
of civic commitments. In addition, the conceptional basis of past cultural policies has been
challenged by migration processes, rapid media development and a change in the composi-
tion of audiences (a decreasing total population and an increasing number of older people).
Currently, intensive discussion is taking place in Germany on the requirements of cultural
policies, due to these societal changes.
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to a broadening of the narrow concept of culture prevailing in the 1950s and 1960s, which
had been very strongly oriented towards the traditional cultural value system handed down
for generations, to include new content and focus. The term "culture" today, thus encom-
passes contemporary creative and artistic activity (both inside and outside the framework
of the traditional cultural institutions) as well as the culture of everyday life.
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1) Under the Basic Law, the municipalities are part of the Länder. They are furthermore guaranteed the right (Article 28 [2] of the Basic Law) to regulate all local affairs on their own re-
sponsibility, in other words, to also voluntarily and autonomously take decisions concerning the cultural affairs of the local community.
2) The concept of “intermediary” is very broadly interpreted here because the spectrum of private-law organisations that sponsor “public” cultural institutions, implement cultural pro-
grammes or distribute funds for cultural activities and institutions is very heterogeneous and all exhibit a varying degree of proximity to the state.
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was chaired by Elke Leonhard (SPD) from 1998 to 2000, Monika Griefahn (SPD) from
2000 to 2005, Hans Joachim Otto (FDP) from 2005 to 2009, Monika Grütters (CDU) from
2009 to 2013 and since 2013 Siegmund Ehrmann (SPD).
The Parliamentary Committee is sub-divided into specialised bodies such as the sub-
committee for "Foreign Cultural Relation and Education Policy" "Civic Engagement" or
"New Media". In autumn 2003, a Commission of Enquiry or "Enquete-Kommission" on
culture in Germany was set up for a limited period. It was comprised of 11 members of
Parliament and 11 independent experts. The main task of the Commission was to examine
a broad range of issues related to cultural policy in general and to the support of culture in
particular. The final report of 1 200 pages lists 459 concrete recommendations for policy-
makers on the federal and regional level and was presented on 13 November 2007 (see
chapter 4.1). It is still regarded as one of the key documents for German cultural policy.
During the 17th legislative period (2009-2013) a Commission of Enquiry on "The Internet
and digital society" and on "Growth, Wellbeing and Quality of Life" was established. Their
results were presented and discussed by the Plenary of the German Bundestag.
Bundesländer and municipalities
The Bundesländer and municipalities are the main actors responsible for cultural policy in
Germany. The scope and priority areas can vary greatly from federal state to federal state
(Länder) and from municipality to municipality.
All of the 16 Bundesländer (see details of the federal states (Länder), their size and their
capitals: http://en.wikipedia.org/wiki/Land_%28Deutschland%29) have their own Parlia-
ments, Parliamentary Committees that deal with cultural affairs and Ministries responsible
for culture. As a rule, culture is combined at the Ministerial level with other policy areas,
mainly education or science. In such cases, there are specific departments for cultural af-
fairs. In 2004 and 2005, some federal states (Länder) abandoned this tradition and trans-
ferred responsibility for cultural affairs to the Staatskanzlei (Office of the Prime Minister),
as has occurred in North Rhine-Westphalia, Schleswig-Holstein, Berlin and Bremen. Cur-
rently most of the federal states (Länder) Meanwhile, all of the Bundeslander – with the
exception of Berlin – embedded a department for culture / cultural affairs in the ministries,
only Berlin and Thuringia locate those responsibilities at the Staatskanzlei.
On the municipal level, cultural affairs fall, in most cases, under the responsibility of spe-
cific Kulturdezernenten (Cultural Commissioners) with their own administrative structures.
They are responsible for programmes, public cultural institutions such as local theatres, li-
braries, museums or music schools, etc. Municipal and county councils have their own cul-
tural affairs committees.
The individual federal states (Länder) can transfer budgetary resources for culture to the
municipalities at their own discretion. The "Act on the Cultural Areas in the Freistaat of
Saxony" is one important example. This Act was initially passed in 1993 for a period of 10
years, and was extended for a limited period. In 2008, the limitation on the Act was lifted.
It stipulates that at least 86.7 million EUR should be transferred from the budget of the
Land to 5 rural and 3 urban areas to support cultural institutions and activities of regional
and trans-regional importance. The Act was last amended in 2011/2012 to integrate the fi-
nancing for the Repertory Theatre of Saxony (Landesbühne Sachsen) which had been the
responsibility of the federal state (Freistaat) before then.
In other federal states (Länder) (e. g. Baden-Wurttemberg), support for individual sectors,
for example theatre, is given in the form of co-financing, the amount of which is deter-
mined on the basis of a fixed percentage of the total spending invested by the municipality.
In some cases, resources are transferred from the federal states (Länder) to the municipali-
ties for activities which are not necessarily cultural.
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On 1 September 2006, a reform of the federal system came into effect. This has involved a
re-distribution of competences between the federal government and the federal states
(Länder) in some policy areas. In the field of culture, the federal government (or level) as-
sumed more responsibilities with respect to culture in the capital, Berlin, and to the conser-
vation of cultural heritage. German representation in the field of cultural policy within the
European Union (Article 23, Abs. 6 GG) has been given greater weight. Because the feder-
al government is prohibited from co-financing cultural projects (Article 91b GG), the pos-
sibilities of supporting cultural education projects are limited.
Non-governmental actors
In addition to government bodies and actors, there is a host of actors involved in support-
ing different forms of cultural work and cultural programmes such as: radio and television
broadcasters, business-sector institutions, various groups in society (churches, unions, and
associations), civic organisations and initiatives, clubs and private individuals.
This extensive network of intermediaries between the state and the culture scene comple-
ments public-sector activity and is indispensable for a vibrant and progressive cultural life
in Germany. Pluralism of sponsors and vehicles of culture is a structural and important el-
ement of the system which is also indicated in the Constitution and the laws governing
Germany's cultural sector. The various forms of commercial cultural activities likewise
play an important role in the nation's cultural life.
As a rule, there is no organised form of co-operation or coordination of cultural activities
between "the state" and this diverse network of non-governmental actors. There are, how-
ever, more and more instances where public cultural affairs administrations at the Federal,
Land and local level are cooperating with intermediaries (arms-length bodies) in order to
implement their support programmes or to generate sponsorship for cultural institutions.
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whole. In several municipalities, specific offices have been created to facilitate suprare-
gional cooperation. In other municipalities this type of cooperation is accomplished by Re-
gional Conferences on Cultural Affairs.
The various levels of government have rather different approaches to the systematic inte-
gration of culture into other policy areas and to strategic planning. However, dwindling re-
sources at all governmental levels have encouraged greater inter-ministerial coordination in
terms of the definition of goals and the use of resources.
Within the general process of intensifying transversal debates across different policy areas,
several working groups have been set up. An example is the "culture and integration"
working group which was set up within the office of the BKM, with members drawn from
the federal government, the government of the federal states and municipalities, plus repre-
sentatives of non-governmental organisations, as well as the inter-ministerial federal State-
Working Group EUBAM (EUropäische Angelegenheiten für Bibliotheken, Archive, Mu-
seen und Denkmalpflege / European Affairs for libraries, archives, museums and monu-
ment preservation). The group brings together representatives of the Standing Conference
of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of
Germany (KMK), the federal and federal state ministries, the German Research Foundation
(DFG) and experts from libraries, archives, museums and monument preservation.
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3.4.2 Public actors and cultural diplomacy
Article 32 (1) of the Constitution states: "Relations with foreign states shall be conducted
by the Federal Government". Following from this Article, the Federal authorities and Par-
liament are responsible for foreign cultural policy.
The political guidelines establishing the priorities for foreign cultural policy are formulated
and coordinated by the Foreign Office. The Federal Commissioner for Cultural and Media
Affairs is responsible for a number of important fields, for example foreign broadcasting
services or the restitution of art works ("looted art"). Other federal ministries, such as the
Federal Ministry of Education and Research or the Ministry for Economic Co-operation
and Development are also active in foreign cultural policy, although to a much lesser ex-
tent than the Foreign Office and the Federal Commissioner for Cultural and Media Affairs
BKM. There has been a Committee or Sub-Committee for External Cultural Policy in the
German Federal Parliament (Bundestag) intermittently since 1969. Currently, it is a sub-
committee of the Committee on "Foreign Affairs". Furthermore, in the 1970s the federal
parliament had a Commission of Inquiry on "Foreign Cultural Policy".
The most important areas of foreign cultural relations and educational policy (AKBP) as
third pillar of foreign policy besides the political and economic relationships are cross-
border co-operation in education and science, international cultural dialogue, promotion of
the German language abroad, and exchanges in the fields of art, music and literature.
In 2011, the Foreign Office presented a new concept of AKBP: AKBP in times of globali-
sation – gaining partners, conveying values, representing interests.
For the period 2013/2014 the following main focusses are listed in the 18th report of the
Federal Government concerning AKBP: culture and sports, education, co-operation and di-
alogue, Germany's image abroad as well as regional focusses (for example Ukraine). In
2013, the expenditures of AKBP amounted to 1 571 million EUR, in 2014 to 1 591 million
EUR, around half of these amounts accounted for the AKBP household (budget) of the
Foreign Office.
In 2014, the Foreign Office initiated a review-process "foreign policy thought ahead" – a
"self-understanding of perspectives of German foreign policy" concerning the areas of for-
eign policy.
Federal Minister of Foreign Affairs Steinmeier presented his final report in February 2015
after a dialogue process comprising three phases – interviewing international experts, a
discussion with the German public and a debate with members of the Foreign Office staff.
Three keywords – crisis, order, Europe – describe the medium-term challenges. Foreign
Minister Steinmeier aimed in particular at the social power of culture and its great im-
portance (high priority) for crisis and conflict prevention. Furthermore, the German Feder-
al Parliament (Bundestag) supports the realignment by additional funds.
For the most part, this policy is implemented by intermediary organisations funded by the
Federal Foreign Office such as: the Goethe-Institut (GI), the German Academic Exchange
Service (DAAD), the Institute for Foreign Cultural Relations (IfA), the Alexander von
Humboldt Foundation (AvH), and the German UNESCO Commission (DUK). They are
free to create their own programmes.
The relevant bodies of the federal states (Länder) cooperate closely with the Federal Gov-
ernment in the field of foreign cultural policy. Municipalities and civil society groups are
actively involved in cultural work abroad.
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3.4.3 European / international actors and programmes
International co-operation in the cultural sphere is taking on increasing significance. A par-
ticularly important example in this context is the intensified efforts to cultivate a dialogue
between cultures. In 2005, the German Commission for UNESCO was particularly active
in the process of developing and passing a convention on protecting and promoting the di-
versity of cultural expressions as an international legal instrument. In February 2007, the
German parliament passed the UNESCO Convention on the Protection and Promotion of
the Diversity of Cultural Expressions and, simultaneously, the UNESCO Convention con-
cerning the Protection of the World Cultural and Natural Heritage (UNESCO-
Übereinkommen zum Kulturgüterschutz) (see also chapter 4.2.2). Germany acceded to the
UNESCO Convention on Intangible Cultural Heritage in 2013, with the instrument of ac-
ceptance deposited with UNESCO in Paris on 10 April 2013 and the Convention entering
into force for Germany in July 2013.
Europe-wide co-operation in the cultural sector has developed since 1992 on the basis of
Article 151 of the Treaty on the Foundation of the European Community continued by Ar-
ticle 128 of the Maastricht Treaty and finally by Article 167 of the Lisbon Treaty. Member
states work together on passing a common legal framework, such as the Directive
96/100/EC on the return of cultural objects unlawfully removed from the territory of a
member state and by specific programmes such as Creative Europe (2014-2020). The pro-
gramme Creative Europe consisting of the subprogrammes, CULTURE and MEDIA
(Mesures pour Encourager le Développement de l´Industrie Audiovisuelle), supports the
co-operation among the member states themselves, as well as member states and third
countries. The general objective of Creative Europe is besides the promotion of cultural
and linguistic diversity, especially the strengthening of the competitiveness of the cultural
and creative sectors Compared to the formerly independent EU-programmes CULTURE,
MEDIA and MEDIA MUNDUS, which expired at the end of 2013, the funds provided for
the Creative Europe Programme increased by 9% up to 1.46 billion EUR. The subpro-
gramme CULTURE will receive 31% of the total amount.
The national contact points are in charge of informing about the respective EU cultural
funding programmes. The programmatic extension of the programme entailed a change of
name from Cultural Contact Point (CCP) to Creative Europe Desk (CED). The contact
points inform specifically about the subprogrammes CULTURE (Bonn) and MEDIA
(Potsdam/Berlin, Düsseldorf, Hamburg and Munich).
A special measure financed by the EU cultural funding programme is the initiative Euro-
pean Capital of Culture. After Berlin (1988) and Weimar (1999), Essen (RUHR.2010),
representing the Ruhr region, was the third German city to be chosen as European Capital
of Culture in 2010. According to a regular interval determined in 2014, Germany will host
the next European Capital of Culture in 2025. The German pre-selection will be made via a
multi-stage process by the federal states (Länder), the Ministry of Foreign Affairs (Aus-
wärtiges Amt) and the Standing Conference of the Ministers of Education and Cultural Af-
fairs of the Länder in the Federal Republic of Germany (Kultusministerkonferenz).
There are, however, other EU funding programmes beyond Creative Europe for which cul-
tural operators can apply. Further details can be found on the website http://www.europa-
foerdert-kultur.info. This also includes, for example, the programme "Europe for Citizens":
The German contact point in Bonn provides information and advises German applicants
during the application process. Likewise, the EU Framework Programme for Research and
Innovation Horizon 2020 (2014-2020) includes several sections where culture appears as
an European cross-cutting issue. There will be specific calls concerning cultural topics in
the 6th Societal Challenge "Europe In A Changing World - Inclusive, Innovative And Re-
flective Societies" throughout the entire funding period.
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Another project, initiated by the Council of Europe and the European Commission in 2008
to support municipal activities promoting intercultural diversity, is the "Intercultur Cities
Programme". Participating cities – among them the German cities Berlin-Neukölln, Duis-
burg, Dortmund, Erlangen, Munich, Hamburg and Offenburg – are supported in their ef-
forts to develop intercultural strategies.
During the German EU presidency in 2007, special attention was given to the topic of Eu-
ropean cultural policies and their closer association with national cultural policies. This is-
sue formed part of three large international cultural policy congresses conducted by the
German Commission for UNESCO, the Kulturpolitische Gesellschaft (Cultural Policy As-
sociation) and the Büro für Kulturpolitik und Kulturwirtschaft (Office for Cultural Policy
and Creative Industries).
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are situated in developing countries in Africa, Asia and Latin America as well as in Middle
and Eastern Europe. The goal of the programme is to strengthen intercultural competencies
of young adults but also to contribute to a higher visibility of foreign cultural relations and
education policy. "kulturweit" is organised by the German Commission for UNESCO and
is realised through its partner organisations in the Foreign Cultural and Educational Policy
domiciled in Germany.
Furthermore, the institutions that were mentioned in chapter 3.4.1 to 3.4.4 are also active in
this field. Another important actor is the Federal Cultural Foundation (Bundeskulturstif-
tung), with many programmes and projects on cross-border intercultural dialogue
(http://www.Kulturstiftung-bund.de), for example the "Initiative Fellowship International
Museum" and the 2012 established programme "TURN – Funds for German-African Co-
operations"). Some private foundations are very engaged as well, such as the Mercator-
Stiftung with its centre for "International Affairs" and the current thematic cluster integra-
tion or the Bosch-Stiftung with projects on international understanding. Twelve German
foundations, including the Allianz Culture Foundation, the Bertelsmann Foundation and
the Volkswagen Foundation, have formed the group "Engaged Europeans" (Engagierte Eu-
ropäer), which aims to deepen European integration with several projects. But increasingly
regional actors also complement that picture.
Central to the current intercultural dialogue is the debate with the Islamic world and Islam-
ic culture, with countries and cultures in Asia, in particular China, Japan and Korea.
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The main topics of the current legislative periods, presented by the Federal Cultural Com-
missioner of Cultural and Media Affairs in November 2013, were amendments concerned
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Germany
provenance research, the strengthening of the cooperation of the federal level (Bund), the
federal states (Länder) and the municipalities (Kommunen), elaborating the strategy for the
development of cultural infrastructure in the face of demographic change, the stabilisation
of social insurance for self-employed artists (Künstlersozialversicherung), adaption of cop-
yright to digital environment, the digitalisation of cultural heritage, amendments to the Act
to Protect German Cultural Property against Removal (Kulturgutschutzgesetz), the "Digital
Agenda" and the Humboldt Forum.
Capital Culture
During the 1990s, the Bundestag (German Parliament), the Bundesrat (Council made up of
representatives from the 16 federal states (Länder)) and the Bundesregierung (Federal
Government) all moved to Germany's new capital city Berlin. The transfer of power from
Bonn (former capital) to Berlin underscored the national cultural significance of the new
capital and led to a growing commitment on the part of the Federal government to support
cultural life in the city. In this context, a "Capital Culture Contract" was signed between
the Federal Government and the Land Berlin which specifies areas of support, namely:
• the restoration of cultural institutions making up the Museumsinsel Berlin;
• cultural institutions formerly administered by the Land Berlin, e. g. the foundation es-
tablishing the Jewish Museum Berlin, the Academy of Arts, the Memorial to German
Resistance during World War II;
• cultural events which have been grouped into a limited liability company "Berlin
GmbH", encompassing the Berlin Festival, the Martin Gropius Building, the House of
World Cultures and the Berlin International Film Festival;
• in 2006, the Federal Government established a further financial allowance to support
the co-operation of the three opera houses in Berlin;
• in autumn 2007, a special cultural fund of 400 million EUR was established by the
Bundestag, from which 200 million EUR is intended for the renovation of the Berlin
Staatsoper;
• at the beginning of 2008, the new Capital City Finance Contract (Hauptstadtfinanzier-
ungsvertrag) between the Federal Republic and the region of Berlin (Land Berlin) came
into force: It confirms the continuation of current federal support for culture in Berlin
and applies until 31.12.2017; and
• The Capital Culture Fund, set up to support projects in Berlin, is also financed by the
Federal Government. Since 2008, annual appropriations up to 9.866 million EUR are
made available for the Capital Culture Fund by the Federal Commissioner for Cultural
and Media Affairs (BKM).
More federal competence for cultural affairs
In 1998, the Federal Government set out to consolidate its (still limited) competencies in
the field of culture through the creation of a Federal Commissioner for Cultural and Media
Affairs and a corresponding Parliamentary Committee. This was followed in 2002 by the
establishment of a Kulturstiftung des Bundes (Federal Cultural Foundation). While the cre-
ation of these bodies was initially highly controversial, there is now greater acceptance of
these offices. Nevertheless, debates arose from time to time regarding the reach of the Fed-
eral Government's involvement in the cultural field. In 2006 and May 2009, Federalism
Reforms I and II (Föderalismusreform I und II) came into effect, which changed the basic
law (Grundgesetz) and regulates the relationship between the federal government and the
federal states. The first step of the Federalism Reform in September 2006 aimed at a clear-
er assignment of responsibility between the federal and the state level, while the second
step focused on the restructuring of the financial relations between the federal government
and the federal states. As an integral part, a debt limit for the federal level (Bund) and the
federal states (Länder) is legally stipulated in the Constitution.
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Germany
Streamlining and optimising cultural funding
At the time of the establishment of the Kulturstiftung des Bundes (Federal Cultural Foun-
dation) there was an intense debate between the Federal Government and the federal states
(Länder) regarding measures to streamline and optimise the system for funding cultural ac-
tivities and a merger between the Kulturstiftung der Länder (Cultural Foundation of the
federal states) and the Kulturstiftung des Bundes. Negotiations to merge both foundations
failed in December 2003, and the Federal Government terminated its commitment to the
Cultural Foundation of the federal states (Länder) at the end of 2005. In December 2006,
negotiations failed again and both foundations arranged for closer cooperation instead of
unification.
Since 2006, an extensive process of evaluation of cultural funding began in the field of cul-
tural policy on all levels.
The 2007 final report of the Commission of Enquiry "Culture in Germany", set up by the
German Bundestag, resulted in many debates about cultural policy at the federal level in
subsequent years. Eleven members of the Bundestag and eleven experts in cultural policy
had produced a comprehensive report, which runs to more than 500 pages, based on nu-
merous expert reports, opinions and hearings (Deutscher Bundestag Press 16/7000, availa-
ble under: http://dip21.bundestag.de/dip21/btd/16/070/1607000.pdf). Along with a status
description of the arts, of support for culture and of the position of artists in Germany, the
report contains over 400 recommendations for improving cultural support and the legal
framework for the various cultural fields and the various stakeholders in cultural policy.
Legal regulations
Since 1998, the Federal Government has launched legal reforms in the area of Foundation
Law (especially with regard to taxation), Copyright Law and the Law Governing Social In-
surance for Artists. In summer and autumn 2006, a Draft Bill for New Regulations on Cop-
yright Law, submitted by the Federal Government, caused a great deal of debate with re-
spect to payments to artists. It has enacted legislation to safeguard the system of fixed book
prices and has extended support to the film sector under the Federal Film Promotion Act.
In 2006, the Federal Government agreed on a new measure of support for the film industry,
this came into effect at the beginning of 2007. In November 2008, the German Bundestag
ratified the amendment to the Film Support Act. The sixth amendment to the Film Support
Act was adopted in the summer of 2010, the seventh amendment to the Film Support Act
was introduced in summer 2014 (see chapter 5.3.6).
The Federal Government has broadened the scope of support for: research on German cul-
ture and history in Eastern and Central Europe under section 96 of the Federal Expellees
Act (see chapter 5.3.8) and; memorials commemorating the victims of dictatorship.
In 2009 and 2010 the public debate on Copyright Law enlarged and intensified due to the
new possibilities of digital production and reproduction not only in music. A flat rate on
culture was debated, but rejected by the parties of the governing coalition. The ancillary
copyright for publishers, an act to amend the copyright law, entered into force in March
2013.
Recently, in some federal states (Länder) specific acts on libraries came into force, in Sep-
tember 2008 in Thuringia and two years later in Saxony-Anhalt and Hessen. In Rhineland-
Palatinate, a library law was adopted in 2014, in Schleswig-Holstein the state cabinet
agreed on adopting a draft law concerning libraries in November 2015
For the first time, in December 2014, North Rhine-Westphalia implemented a culture law
on a federal state lever (Landeskulturgesetz) –a law which does not only concern on a cer-
tain cultural field but on the entire cultural sector. The discussion about those and acts on
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supporting culture also reached the parliaments of some other federal states (Länder) (see
also chapter 5.3.2 and chapter 5.3.8).
In January 2015, the protection law regarding the social insurance provisions for self-
employed artists (Künstlersozialabgabensicherungsgesetz) came into force (see also chap-
ter 5.1.4).
In Autumn 2015 the draft law concerning the amendments of the Act to Protect Cultural
Property against Removal was adopted by the federal cabinet (see also chapter 5.3.3). Fur-
thermore, the Federal Ministry of Justice and Consumer Protection presented a draft bill
regarding an Act to Enhance the Enforcement of the Authors and Artists' claim to adequate
Remuneration (see also chapter 5.1.7) and the Federal Cabinet adopted the draft of a Col-
lecting Societies Act (see also chapter 5.1.7).
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural
Expressions
The process to develop a UNESCO Convention on the Protection and Promotion of the Di-
versity of Cultural Expressions as an international legal instrument has been supported by
the German Commission for UNESCO with active support from civil society actors, the
German Bundestag and the Federal Commissioner for Cultural and Media Affairs
(http://www.unesco.de). The initiative was paramount in raising awareness of the inherent
dangers to public support for culture which could arise from WTO international trade
agreements (e. g. GATS) or the EU Services Directive. The Federal Government of Ger-
many signed the convention in September 2006. The German Parliament passed the con-
vention on 1 February 2007. Germany provided its first report on the implementation of
the convention in April 2012. It was created under the auspices of the relevant ministries,
the Conference of the Ministers of Education and Cultural Affairs of the Länder (KMK),
the German Association of Cities and the German Commission for UNESCO.
The German Commission formed a Coalition for Cultural Diversity involving civil society
in 2004 to verbalise the German position on the Convention. This coalition, made up of
experts from culture, associations, political parties, the economy, municipalities, public in-
stitutions, research and journalism, accompanied the UNESCO-Convention. Since the
Convention entered into force in March 2007 the coalition furthers public resonance, ad-
vises and evaluates public measures and provides incentives for the creation of framework
conditions. For this purpose, the coalition provided, among other things, a White Paper in
December 2009 with recommendations for cultural policy in Germany and Europe regard-
ing the implementation of the Convention. Furthermore, in 2010 the publication "Mapping
Cultural Diversity" was presented which included good-practice examples from around the
world regarding the implementation of the Convention as one of the projects of the U40-
Programme "Cultural Diversity 2030". Since 2004 twelve meetings of the Coalition for
Cultural Diversity have taken place; during the tenth session in April 2012 the Coalition
for Cultural Diversity discussed the first German Report on the implementation of the
Convention.
Constitutional protection for culture
Growing problems of funding public cultural institutions have led to initiatives and discus-
sions calling for more legal protection on the maintenance of cultural infrastructure and on
"basic cultural needs". The introduction of a specific clause into the German Grundgesetz
(constitution) which obliges the state to support culture has also frequently been demanded
by different advocacy bodies, which was seconded by the Commission of Enquiry of the
Deutscher Bundestag (Parliament) in its 2007 final report
(http://dip21.bundestag.de/dip21/btd/15/055/1505560.pdf). During and after the parliamen-
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Germany
tary elections of autumn 2009, this demand was repeatedly discussed but has still not been
honoured.
In October 2008, the majority of the regions in the Bundesrat (federal state (Länder)
chamber of the Parliament) had already rejected the application of Berlin for a new Arti-
cle 20b in the German Grundgesetz, which called for the inclusion of the following state-
ment: "The state protects and supports culture".
In 2009, the FDP parliamentary group introduced a draft law to anchor culture in the basic
law, which was rejected in the parliamentary committees. In 2012, the SPD parliamentary
group proposed a draft law to extend the basic law to include culture and sport. This was
supported by the parliamentary group "Die Linke" (The Left) who introduced their own
proposals. After a debate by culture, sport and legal experts the inclusion of culture in the
basic law remains controversial.
Civic commitment
In the past centuries, public involvement in cultural life was fuelled by civic initiatives in
specific disciplines, institutions and projects; such initiatives were particularly strong in
those municipalities that were not residencies of the ruling nobility which had founded
their own cultural institutions. Stifled during the National Socialist era and submerged in
the decades thereafter, this civic commitment has meanwhile resurfaced, manifesting itself
in an increase in, for example, membership to friends'-of-societies, volunteer work, en-
dowments and sponsorship / co-financing. There are also a growing number of cultural ac-
tivities and institutions that are supported by different kinds of civic initiatives. Cultural
policy makers, who have long thought solely in terms of state financing, as well as special-
ists in the field and the general public, are now adapting to this development. Following on
from the work of the Parliamentary Commission of Enquiry on Civic Commitment, in the
legislative period ending 2005, a Committee on Civic Commitment was established in the
newly elected German Bundestag (Parliament). In July 2007, the Bundestag passed a Law
on the Stabilisation of Civic Commitment, which raised tax free allowances for training su-
pervisors to 2 100 EUR and donations were raised uniformly to 20% of the income. In
spring 2009 a nationwide Forum for Commitment and Participation was set up by the Na-
tional Network of Civil Society (Bundesnetzwerk Bürgerschaftliches Engagement) with the
support of the Federal Ministry for Families, Seniors, Women and Youth. It aims to work
out a political agenda on civic commitment and to assist the federal government in estab-
lishing a national strategy on civic commitment. In October 2010 this national strategy on
civic commitment and action programme on corporate social responsibility was adopted by
the Cabinet of the federal government. Its intention is mainly to improve coordination of
the activities of the different levels and stakeholders to support civic commitment as well
as the integration of the commitment of commercial enterprise in the sense of corporate so-
cial responsibility.
Responding to a cultural public with increasingly diversifying needs
The members of the culturally interested public are less and less inclined to embrace a nar-
row approach to culture expressed through specific institutions, their programmes and
events. Their receptiveness to and desire for participation in cultural activities vary widely
and are highly individualised. As a result, urban cultural institutions, projects and events
have multiplied and diversified to a hitherto unheard-of degree in the past two decades.
Due to its relatively narrow focus of support – especially in times marked by financial con-
straints – federal state (Länder) and municipal cultural policy has been unable to react in a
sufficiently flexible manner. Therefore, more demand-driven approaches to state and mu-
nicipal support to culture have been proposed.
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Migrants, cultural diversity, intercultural co-operation
The high number of ethnic groups – whose members in some cases constitute up to 30 %
of the population in mainly western German municipalities – has long been acknowledged.
Numerous associations for members of different ethnic groups have emerged in urban are-
as; over 200 during the past ten years in Hamburg alone. Acting on their own initiative,
these associations work to further intercultural understanding and co-operation. In many
municipalities there are funding programmes to support and encourage their efforts.
Meanwhile, the debate on multiculturalism and the related challenges to cultural policy
continued, involving many cultural policy participants at each level. In the interest of na-
tional cultural cohesion, efforts to further intercultural understanding will be one of the
most important aspects of cultural policy at all levels of government in the years to come
(see chapter 3.3, chapter 2.3, chapter 4.2.4 and chapter 4.2.5). In the context of the current
refugee situation, several stakeholders have reacted by issuing special programmes or
awards, such as the special award for cultural projects with refugees offered by the Federal
Commissioner for Cultural and Media Affairs (BKM) in December 2015.
Design of the cultural infrastructure – the Kulturinfarkt (infarct of culture)?
In March 2012 four renowned authors from cultural administration and cultural manage-
ment – Armin Klein, Pius Knüsel, Stephan Opitz und Dieter Haselbach – published a book
titled "Kulturinfarkt. Too much of everything and the same everywhere" ("Kulturinfarkt.
Von allem zu viel und überall das Gleiche"). They plead for a radical restructuring of cul-
tural policy and propose to halve the existing cultural infrastructure and to redistribute sav-
ings. This publication has gained a lot of publicity, created many – often very emotional –
debates and initiated several events and further publications.
Concept based cultural policy in the federal states
Several federal states have gained attention for their new cultural policy structures and
programmes over the last years. Most of the 16 states have concrete initiatives for a more
concept-based and systematic cultural policy. For this, they use different elements: Saxo-
ny-Anhalt carried out a cultural convention that presented its findings in February 2013,
and Brandenburg presented its "Cultural Policy Strategy 2012" in September 2012. Lower
Saxony started working on a concept for culture development in 2011. Thuringia published
a culture concept at the end of 2012. Following Bavaria, North Rhine-Westphalia, Saxony
and Lower Saxony and Schleswig-Holstein, Berlin presented a culture (funding) report in
2012. Given the topicality of the issue, the Kulturpolitische Gesellschaft organised a na-
tionwide congress on concept-based cultural policy in June 2013 with approximately 500
participants.
Transatlantic Trade and Investment Partnership (TTIP)
At the G8 summit in Ireland in June 2013, the countries involved decided on the imple-
mentation of a free trade agreement (Transatlantic Trade and Investment Partnership TTIP)
between Europe and the USA, aiming on strengthening the economy of the transatlantic
alliance. At an early stage, the Deutscher Kulturrat already pointed out the impact of TTIP
on the cultural sector and requested an exception for the domains of culture and media.
Central points of criticism uttered by many stakeholders from the cultural field, and from
nature conservation and environmental protection – besides the lack of transparency during
the negotiations – concerned the equal treatment of cultural and regular economic goods,
since it does not take into account satisfactorily the dual nature of the concept of culture, as
outlined in the UNESCO Convention on the Protection and Promotion of the Diversity of
Cultural Expressions. Therefore, critics fear restrictions to cultural diversity.
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Other concerns are the planned investment protection, the implementation of arbitration
courts and certainly the fear of German cultural funding being misinterpreted as a re-
striction to free trade.
In July 2014, the European citizens' initiative "Stopp TTIP" was founded. Its 150 stakehol-
ders from 18 European countries also included German associations such as the Deutscher
Kulturrat and other associations for environmental and consumer protection. This citizens'
initiative was rejected by the European Commission. After that, the initiative appealed to
the European Court of Justice against the rejection. The association, now comprising 250
organizations, launched a petition/signature campaign in autumn 2014 which was handed
over to the Commission President in December and contained over 1 million signatures.
The World Day for Cultural Diversity (21st May) was transformed into the Day against
TTIP in 2015. On 10 October 2015, a large-scale "Stopp TTIP" - demonstration took place
in Berlin and assembled more than 250 000 protesters. Since 2013 there have been various
opinions within the cabinet concerning TTIP. Therefore, in October 2015, the Federal
Chancellor Angela Merkel clarified in a position paper that the government committed to
advocate a treaty "that will not contain regulations which could entail restrictions to the di-
versity of culture and media in Germany".
Sale of art objects owned by the federal states
The auction of two paintings by Andy Warhol from the holding of WestSpiel (a casino op-
erator) in 2014 has initiated a debate on the sale of art objects owned by the federal states.
Owner of the casino is the federal state North Rhine-Westphalia. Due to changes within the
gaming market, the state-owned casino operator found itself in a difficult financial situa-
tion and aimed on rehabilitating those casinos which were making a loss by selling the
Warhol paintings. The Federal Commissioner for Culture and Media (BKM) criticised the
sale of art objects "to plug holes in the budget". The discussion rose up again when it came
to be known that Portigon as the legal successor of the WestLB (federal state bank) was
planning to sell its art collection (its focus lies on artists from North Rhine-Westphalia
since 1960, inter alia Joseph Beuys). After a subsequently held round-table discussion, the
intended sale was not realised.
HumboldtForum
In June 2013, Federal President Gauck set the foundation stone for the reconstruction of
the Schloss Berlin, the former residence of the Prussian Kings. Upon completion in 2019
the collections of non-European art and culture of Berlin's museums (such as the Ethnolog-
ical Museum and the Museum of Asian Arts) shall be presented there under the name
"Humboldt Forum". The topping out ceremony was celebrated in June 2015.
In 2002, an international commission of experts had already submitted an utilisation con-
cept for the Stadtschloss (City Palace) and recommended to install a Humboldt Forum – as
a place for dialogue between the world cultures in the center of the capital city – also in
conjunction with the collections of European Art on the Museum Island.
In April 2015, the Federal Commissioner for Culture and Media (BKM) appointed Neil
Mac Gregor, British art historian, as head of the Humboldt Forum's foundation instance.
Starting in winter 2015/2016 the foundation instance as advisory board will define core
themes and develop a concept for an initial period of two years. An international network
of scientists and museum experts will assist the foundation instance.
The Humboldt Forum is not without controversy. There is an ongoing debate on questions
of provenance, self-presentation, the size of the available room for the collection and the
spatial separation of the European ethnological collections.
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Provenance research /repatriation of unlawfully seized cultural assets
Since the fall of the Iron Curtain, the international discussions concerning the repatriation
of cultural assets that has been taken unlawfully from their owners during World War II
led to concrete restitution of artworks. The Federal Government (Foreign Office, Federal
Commissioner for Cultural and Media Affairs) – in coordination with the Federal States
(Länder) – negotiates with many European neighbors. The Consultative Committee in con-
junction with the restitution of Nazi-confiscated cultural assets, especially from Jewish col-
lections, is working since 2003 and serves as mediator if problems occur in the course of
restitution claims. Members of the committee are scientists and prominent personalities. In
autumn 2006, a far-reaching debate started about the restitution of artworks caused by the
returning of a famous painting by Ernst Ludwig Kirchner that was handed out to the heirs
of the former owner by the Berlin Government. It was claimed that the former owner was
forced to sell it in the 1930s. Subsequently a number of similar cases became known. Mu-
seums intensified the research as to the origin of their artworks (provenance research),
supported by special funds. On federal level an office for provenance research was estab-
lished at the Institute for Museum Research of the Foundation of Prussian Cultural Herit-
age in the beginning of 2003 to support museums in their research concerning Nazi-
confiscated cultural assets.
In November 2013 the debate about restitution an returning unlawfully removed cultural
assets once again arouse by the announcement of the discovery or artworks in Schwabing
comprising more than 1 400 works, that the police found in the apartment of Cornelius
Gurlitt, son of the art dealer Hildebrand Gurlitt. In the same month a Task Force for creat-
ing transparency and intensifying the provenance research was established by the Bavarian
Ministry of Justice (Bayerisches Justizministerium), the Bavarian State Ministry for Edu-
cation and Cultural Affairs (Bayerisches Kultusministerium), the Federal Ministry of Fi-
nance (Bundesfinanzministerium) and the Federal Commissioner for Culturale and Media
Affairs (BKM). Furthermore, artworks under the suspect of having been unlawfully seized
were published on the platform of the central coordination office Magdeburg (Koordinier-
ungsstelle Magdeburg):
In January 2015, the German Lost Art Foundation (Deutsches Zentrum Kulturgutverluste)
was established as an institution of the Federal Government (Bund), the Federal States
(Länder) and the municipalities (Kommunen). The central coordination office for lost cul-
tural property, the office for provenance research, the temporary Task Force Schwabinger
Kulturfund and the office of the Limbach-Commission are united under its roof in Magde-
burg. The new institution focuses thematically on Nazi "looted art" as well as the loss of
cultural assets under Soviet occupation and in the GDR. Chairman of the board of founda-
tion is the Federal Commissioner for Cultural and Media Affairs.
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the public budget situation. More and more cultural policy is perceived as conceptual or-
ganisational task and new governance structures are developed. Federal states (Länder) and
municipalities (Kommunen), however, use quite different ways to achieve a more concept-
based cultural policy.
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The same debate took place in other municipalities; in 2007/2008, for example, in Braun-
schweig and Potsdam, relating to the reconstruction of the former castles and, in Frankfurt,
relating to the proposal to rebuild a great part of the old town centre dating from the 17th
and 18th centuries.
The cancellation of support programmes of the Federal (Bund) and federal states' (Länder)
governments did not go unnoticed by the public, e.g. the programme for "Protection and
Maintenance of Cultural Monuments in the New federal states (Länder)" was intensely
discussed. The main issues to be continuously addressed are questions on how many and
which monuments from the past the state should protect, reconstruct and maintain and by
which measures. The rich, albeit rather dilapidated, heritage of cultural monuments in the
East has absorbed huge public funds throughout the 1990s including the reconstruction of
historic city centres, parks and gardens (e.g. the Programmes "Urban Construction and
Monument Protection" or "Culture in the new federal states (Länder)"). However, experts
estimate that the amount of funding available to date only covers about 50 % of the monu-
ments requiring restoration in the eastern part of Germany.
Cultural monument protection and policies which support the built cultural heritage are
under growing pressure in the face of dwindling financial resources and difficulties to find
appropriate and economically sound concepts for the use of reconstructed buildings. This
also applies to some monuments of industrial culture included on the UNESCO World Her-
itage List, e.g. the Völklinger Hütte in the Saarland or Zeche Zollverein in Essen (North
Rhine-Westphalia). Financial reasons are only one aspect of the problem; another lies in
the widened concept of culture that was developed in the 1970s and 1980s which included
objects of everyday life as well as industrial culture – a concept which is no longer general-
ly accepted. The reunification of Germany increased the number of objects worth protect-
ing and reconstructing to an extent that makes the development of new evaluation criteria a
necessity.
During 2007, in the city of Dresden, there was controversy over the building of a bridge
over the Elbe after the UNESCO World Heritage Committee denied Dresden the title of
UNESCO World Heritage Site if the bridge was built, as it would destroy the view of the
Elbe valley, decisive in the original awarding of the title. After several dilatory court deci-
sions in November 2007 and against numerous protests, preparatory construction began. At
the meeting of the Unesco World Heritage Committee on 25 June 2009 in Sevilla, with
Dresden and the Elbe valley, a cultural monument was removed from the list of UNESCO
world heritage sites for the first time. The reason for this was the controversial building of
a new bridge over the Elbe, which, in the view of the committee, considerably damaged the
unique historical character of the cultural landscape in Dresden.
From 2013 to 2015, 3 further German cultural and natural sites were added to the
UNESCO world heritage list, the Bergpark Wilhelmshöhe (2013), Karolingisches West-
werk and Civitas Corvey (2014) and the Hamburger Speicherstadt and Kontorhausviertel
with Chilehaus (2015). Now Germany is represented with 40 world heritage sites on the
list recording more than 1.000 cultural and natural sites.There are frequent discussions on
whether objects of industrial spaces can be used in a meaningful and sustainable way by cul-
tural projects because public funds are more and more insufficient to pay for their high mainte-
nance costs. More fundamental cultural policy considerations regarding financial support to
works of art and culture from the past leaves little room for support to contemporary living art,
thus upsetting the balance between protection of heritage and support to contemporary creativi-
ty. Therefore, there is a demand to reconsider the criteria used to determine public support for
culture and that expensive cultural institutions such as the theatre and music be modernised and
economically streamlined.
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The debates in 2006 concerning cultural heritage were focussed on two issues. First, the
discussion on the implementation of the UNESCO Convention concerning the Protection
of the World Cultural and Natural Heritage (Kulturgüterschutzabkommen) in Germany
has been the centre of attention. This Convention came into force in February 2007 – 35
years after its adoption by the General Conference of UNESCO in 1972. The submitted
draft Bill has been criticised by some actors: in particular representatives of the art trade
assume that it is too far-reaching, while other actors complain that the draft Bill is unfair to
poorer countries.
Secondly, since October 2006, there have been discussions regarding museums and librar-
ies selling works of art in order to acquire funds for the upkeep of cultural institutions.
Some municipalities and one Land announced their intention to sell works of art, despite
the ongoing debates. However, such moves led to highly controversial public debates and
the concerned public authorities were forced to retreat.
In July 2007, the Minister of State for Culture presented a Memorial Place Concept with
the title "Notice Responsibility, Strengthen Refurbishment, Deepen Memories". It relates
to the memorial places such as the former concentration camps and, on the other hand,
memorial places to the memory of the GDR oppression. After a broad public debate about
this, the Bundestag passed a revised plan in November 2008. According to this (and among
other things),memorials of national significance for coming to terms with the terror of the
National Socialist regime and for commemorating its victims are being supported more
strongly and the four concentration camp memorials in Bergen-Belsen, Dachau,
Flossenbürg and Neuengamme are being taken over by the federal programme for institu-
tional support. Coming to terms with the SED dictatorship and its consequences is the sec-
ond key point of the memorial plan and the funds for this are likewise being increased sig-
nificantly. To implement the memorial plan, in 2008 and 2009 the funds were raised by 50
percent to a total of 35 million EUR. In addition, in Berlin in May 2008 the Memorial to
Homosexuals, which is near to the Memorial for the Jews Murdered under National Social-
ism, was handed over to the public. With this monument, the Federal Republic of Germany
wants to honour persecuted and murdered homosexual victims, keep alive the memory of
the injustice done to them, and maintain a permanent symbol against intolerance, hostility
and discrimination towards gays and lesbians.
On 9 October 2009, Germany celebrated the 20th anniversary of the fall of the Berlin Wall
and a year later the 20th anniversary of Germany's reunion. These two anniversaries as
well as other historic data, among them e.g. the 70th anniversary of the Second World
War, took influence on activities and programmes concerning the topic heritage and
memory.
Within this framework, a great number of monuments and memorial places were set up. In
2010, after 20 years of planning and constructing, the documentation centre "Topography
of Terror" ("Topographie des Terrors") situated on a site of a former central institution of
National Socialist persecution was opened. The first German monument for deserters was
inaugurated in Cologne (September 2009). The Memoriam Nürnberger Prozesse opened an
exhibition with detailed data on the courtroom 600 at the venue of the Nürnberg Court of
Justice in November 2010, one month before the study "The office and its past" ("Das Amt
und seine Vergangenheit") was presented by an independent Historical Commission estab-
lished by the Federal Minister for Foreign Affairs. This study examined the role the For-
eign Service played during the period of National Socialism and its deep involvement dur-
ing the times of holocaust.
In May 2010, the Berlin Wall Memorial (Gedenkstätte Berliner Mauer), storing the last
piece of the Berlin Wall, was opened as central memorial site of German partition. Fur-
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Germany
thermore, a competition of memorials for unity and freedom presenting the peaceful revo-
lution of autumn 1989 was introduced
In April 2011 the Federal Commissioner for Culture and Media Affairs announced the de-
cision for the draft design of the national monument to unity and freedom by Johannes
Milla and Sasha Waltz. (The Bundestag passed the plan in 2007.) The monument at the
castle square in Berlin will have two very important slogans of the peaceful revolution of
1989 in the former GDR: "we are the people" and "we are one people". In recent years, the
site was restored and the cornerstone ceremony was scheduled for 2016. But in April 2016
the budget committee of the German Parliament stopped the realisation of the monument,
followed by a discussion of different stakeholders.
In 2011, a new documentation centre about the division of Germany was inaugurated at
one of the most frequented border crossing points between East and West-Berlin (called
the Palace of Tears).
The memorial for the Sinti and Roma that were murdered under National Socialism was
designed by Dani Karavan and inaugurated by the Chancellor and the President in October
2012.
In April 2015, on the 70th anniversary of the Liberation of Munich, the National Socialism
Documentation Center Munich – learning and memorial venue for history of National So-
cialism (NS-Dokumentationszentrum München – Lern- und Erinnerungsort zur Geschichte
des Nationalsozialismus) was opened.
In 2013, 30 million EUR of the federal budget assigned to culture were used for a new
programme of protection and renovation of historical buildings and monuments. In 2014 as
well, a special programme for protection of historic monuments was set up, amounting to
20 million EUR, to finance conservation and restoration of 156 historic monuments. The
Federal Commissioner for Culture and Media Affairs set up the V. Special Programme for
monumental Protection (V. Denkmalschutzsonderprogramm) in autumn 2015.
In 2013, Germany has joined the UNESCO Convention on the conservation of intangible
cultural heritage. As a first step for implementation, a nationwide register of intangible cul-
tural heritage was set up in 2013/2014. First entries were made in December 2014. On this
basis, for the first time in March 2015 Germany was able to submit proposals for the
UNESCO lists withdrawn from this register.
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Germany
programme in this field, particularly for young cultural entrepreneurs and artists with "cre-
ate.nrw" (http://www.creative.nrw.de/).
In 2010 the initiative took another important step by setting up a Centre of Excellence for
Culture and Creative Industries in Eschborn with 8 regional offices. The Centre of Excel-
lence was inaugurated during the regional conference held by the office of North Rhine-
Westphalia in April 2012, by the Federal Commissioner for Cultural and Media Affairs. As
new measures were installed e.g. the competition "Pilots of Culture and Creativity" (Kul-
tur- und Kreativpiloten Deutschlands), implementation of impulse and regional confer-
ences or the support of creative actors for participating at international fairs of creative
branches.
With the beginning of 2016 the Centre of Excellence for Culture and Creative Industries
will carry out a new strategic reorganisation. The prospective focus of work will be the
support of cooperation between the cultural and creative industries and other branches, the
advertising and lobbying of the potential of innovation of those industries and providing
platforms for networking.
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For some years, the integration of people of differing ethnic backgrounds, religious orien-
tation and cultural traditions has been regarded not only as a central task of society but in-
creasingly also as a significant challenge to cultural work and cultural policy. Meanwhile,
a very diverse intercultural practice has evolved, but in this field there is still a considera-
ble need for further development in many large cultural institutions such as theatres, muse-
ums and symphony orchestras. The same is true of cultural policy.
In a growing number of towns (for instance Stuttgart, Nuremberg, Dortmund, Essen, Os-
nabrück) and federal states (Länder) (for example North Rhine-Westfalia), interdepart-
mental inclusion concepts exist in which culture plays a significant role and that are
equipped with suitable funds. Over the last years, there has been a discussion on the need
for cultural policy to accord greater attention to the cultural interests and rights to partici-
pation and self-organisation of ethnic minorities. In 2006, 2007, 2008, 2010 and since 2012
annually the Federal Chancellor organised 8 integration summits in Berlin concerning,
among other topics, cultural and cultural policy issues. The result of the first integration
summit was an agreement to come up with a national plan for integration which was intro-
duced for the first time in 2007. During the fifth integration summit in spring 2012, the
"National Action Plan for Integration" was introduced which further developed the national
plan for integration from 2007. Federal government and states agreed on goals for the first
time, including the promotion of individual encouragement, to recognise the potential of
children, youth and young adults, to improve the recognition of degrees obtained in other
countries and to increase the number of people with a migration background in the public
services on the federal and state level. During the sixth integration summit in spring 2013
an interim result of the national integration plan was drawn up. The focus was on the top-
ics, work, employment market, qualification and language. Main topic of the eighth inte-
gration summit in November 2014 was health and care of the immigration society.
In addition to the integration summits, a set of country wide conferences were held on in-
tercultural dialogue and diversity, for example by the National Council for Cultural Diver-
sity (Bundesweiter Ratschlag für Kulturelle Vielfalt). Another actor is the Council of Ex-
perts of German Foundations for Integration and Migration (Sachverständigenrat
Deutscher Stiftungen für Integration und Migration) established by eight foundations as an
independent, scientific body that adopts positions on integration and migration policy is-
sues. It is made up of actually seven foundations: the Stiftung Mercator, Volkswagen Stif-
tung, Bertelsmann Stiftung, Freudenberg Stiftung, Bosch-Stiftung, Stifterverband für die
deutsche Wissenschaft and Vodafone Stiftung Deutschland. In recent years several docu-
ments were produced on integration and "Cultural Diversity" or diversity such as "Cultural
Diversity in the City Community" (German Association of Cities and Towns 2004);
"Stuttgart's Impulse to Cultural Diversity" (2006); the "National Integration Plan" of the
Federal Government (2007), the"Cologne Appeal" (German Association of Cities and
Towns Northrhine-Westphalia 2008), "Intercultural Integration Report. Munich lives di-
versity" (City of Munich 2010), "Intercultural cultural activities" (Conference of the Minis-
ters of Education and Cultural Affairs of the Länder (KMK) 2011) and the "National Ac-
tion Plan Integration" (2012). A study was published in May 2012 that outlines the status
of the municipal integration policy in Germany. Particular attention is currently being fo-
cused on the importance of school and pre-school education for the mediation of intercul-
tural expertise and the acceptance of cultural diversity. Concrete stipulations are suggested
in several education plans for pre-schools and primary schools of the individual federal
states (Länder).
There are some special institutions and funding available to promote the art and culture of
national and ethnic minorities for the purpose of intercultural exchange. Intercultural pro-
grammes are offered or sponsored inter alia by the federally funded House of World Cul-
tures, by the federally endowed Sociocultural Fund and in the context of projects (such as
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the celebrations of foreign cultures) launched by individual federal states (Länder) and
numerous municipalities.
In 2005 the Federal Commissioner for Migration, Refugees and Integration was housed
organisationally within the Chancellery enhancing significance to the Minister of State for
Integration. Present officeholder is Aydan Özoguz (SPD) since 2013. One of her tasks is to
present a report on the situation of foreigners in Germany at least every two years.
In May 2015 the 10th Report was presented with main focusses on education – from early
childhood up to the course of studies – as well as training and employment market. It con-
tains self-critical passages such as "the data situation shows that … the step towards an
immigration society is done too hesitant" and "that our educational system does not always
manage to allow educational success according to their skills and potentials regardless of
their social background".
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stressed by the 4th broadcasting decision of the Federal Constitutional Court. Public ser-
vice broadcasting in Germany is of particular significance because it is obliged to fulfil the
educational mandate and guarantee the independent basic services with information, edu-
cation, counselling and entertainment; its programmes have to contribute particularly to
culture. Due to that, lower basic standards in diversity are tolerated concerning private
broadcasting because public service broadcasting is in charge of the basic care.
The Interstate Broadcasting Agreement and its amendments
It is the goal of the Interstate Broadcasting Agreement ("Rundfunkstaatsvertrag", 1.RStV
1987, 18th amendment of 2016) to establish a set of rules concerning public service broad-
casting and private broadcasting.
The 12th amendment (2009) was of particular significance because it contained new regu-
lations on the legitimacy of offers provided online by the broadcasting companies. Accord-
ing to the Agreement, public broadcasting corporations are generally not permitted to pro-
vide online access to their programmes and supplementary contents more than 7 days after
the transmission. Offers are only permitted to remain online for longer than 7 days if they
have been included into the telemediaconcept outlined by the broadcasting corporation and
have passed the so-called Three-Steps-Test. Part of those exceptions are e.g. documentary
reports and info programmes (period of accessibility: 12 months), cultural programmes
(period of accessibility: up to 5 years) and programmes with historical or historical-cultural
contents (unlimited). The 15th amendment (2013) of the Interstate Broadcasting Agree-
ment entailed a paradigm shift concerning the broadcasting fees: The household contribu-
tion was introduced according to which the broadcasting fee is determined per household
and not per broadcasting equipment.
On the 1 January 2016 the 18th amendment entered into force.
Diversity in radio broadcasting
The Interstate Broadcasting Agreement ("Rundfunkstaatsvertrag" of 31 August 1991, 18th
amendment of 2016) determines in § 11 that in their programme offers, the public service
broadcasting "shall provide a comprehensive overview of international, European, national
and regional events in all major areas of life" in order to "further international understand-
ing, European integration and the social cohesion on the federal and state levels". Accord-
ing to § 6 of the Interstate Broadcasting Agreement (18th amendment of 2016), "television
broadcasters shall reserve the greater part of total time scheduled for the transmission of
feature films, television plays, series, documentaries and comparable productions for Eu-
ropean works in accordance with European law". There are nevertheless no official quotas
to which the broadcasters must adhere. Culture and media policy in the Federal Republic
of Germany has thus far reflected the view that the imposition of quotas – also in regard to
certain groups – is an unsuitable instrument for the promotion of European films and tele-
vision productions.
Regulations under community law
Media policy formulated at the European level is also of increasing importance for the rela-
tion between the media and culture. The EU Television Without Frontiers Directive of
1989/1997 is playing a particularly prominent role in this context. As a result of the – in
some cases breathtakingly – rapid pace of technological developments in the media sector,
the EU Television Without Frontiers Directive was revised in the past few years. In 2007,
the amendment of the Council directive 89/552/EWG on the coordination of certain provi-
sions laid down by law, regulation or administrative action in Member States concerning
the pursuit of television broadcasting activities became effective which had to be trans-
posed and implemented in the national law of the member states until 2009. In the course
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Germany
of this revision, attention to other Community regulatory instruments affecting the media
are to be considered.
Legally binding on the press, publishers and audiovisual mass media are the general provi-
sions of the Law Against Limitations on Competition (Gesetz gegen Wettbew-
erbsbeschränkungen - GWB), as the central standard of German Law on Cartels and Com-
petition. The original version, dating from 1957, has been amended several times - the
comprehensive 8th Amending Bill came into force in November 2013 - and is regularly
brought into line with European legislation on competition. The Federal Cartel Office, or,
where only individual federal states (Länder) are affected, the federal states Cartel Authori-
ties, are in charge of supervising the compliance with the GWB. In recent years, the Feder-
al Cartel Office has frequently forbidden mergers between publishing houses or TV com-
panies.
Culture channels on radio and television
The German television landscape comprises several stations, which mainly focus on cul-
tural content. In the initial period, especially the so-called third television channels showed
characteristics of cultural programmes. (When the third television channels, varying from
region to region, came on the air in addition to the to date only two German television
channels) The development of independent cultural channels started in the mid-eighties,
such as 3sat (1984), ARTE (1992) or ZDFkultur (2011), which emerged from ZDFtheater-
kanal. Although ZDFkultur is supposed to be discontinued, a definite end date of transmis-
sion has not yet been set.
The German radio has as well channels specialised on cultural programmes, for example
hr2 Kultur (1950), WDR 3 (1964), Deutschlandradio Kultur (1994), SR 2 KulturRadio
(1995), SWR2 (1998), kulturradio (2003, previously RADIOkultur since 1997), ARTE ra-
dio (2002) or NDRkultur (2003). Funkhaus Europa, one of the international German radio
channels, has recently started to transmit the Refugee Radio at certain times of the day, a
special service in English and Arabic, providing news concerning the current situation in
Germany and the political discussion.
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human rights organisations, municipalities and government branches, representatives from
the media, science and sport. The Council initiated round tables and discussion forums and
developed and tested pilot projects.
In 2005 an intercultural network Ratschlag Interkultur was established, engaging individu-
als and institutions. It is coordinated by the Kulturpolitische Gesellschaft e.V. (Association
of Cultural Policy) and works together with the Commission of UNESCO in Germany. The
main projects of the initiative since 2006 are the federal conferences held biennially and
the expert symposiums to discuss theoretical and practical issues. In the autumn of 2012
the 4th nationwide conference "Diversity: Realities, Concepts, Visions" was held in Ham-
burg. The title emphasises that recently the "diversity approach" has gained more and more
significance over the "intercultural approach". The 5th conference 2014 in Mannheim had
the title "Moving Homelands" ("Heimaten bewegen").
In 2009 a Round Table on venues on intercultural education was started by the German
Arts Council and 7 federal associations on migration. It aims to work out recommendations
for intercultural education within the institutions of primary, secondary and third level ed-
ucation as well as in cultural associations.
The first German Islam Conference (Deutsche Islamkonferenz) took place in 2006. It is a
forum for dialogue bringing together representatives of the German government and Mus-
lims in Germany. The goal of this long term dialogue is to promote cooperation and social
cohesion. During the first phase from 2006 to 2009 principal questions and legal frame-
work conditions were debated. The second phase from 2010 to 2013 focused on their im-
plementation and the establishment of the German Islam Conference in society. Thereby it
addressed three topics: establishment of an institutionalised cooperation between the gov-
ernment and Muslims, living gender equality as a common value and prevention of extrem-
ism, radicalism and social polarism. During the current legislative period the German Islam
Conference continues according to the motto "For a Dialogue between equal partners –
from eye to eye lever". Since 2014 main focusses lie on strengthening the Islamic welfare
and the social participation as well as on practice of religion and religion related participa-
tion.
The "Intercultural Film Award" is awarded by the Institute for Foreign Relations (Institut
für Auslandsbeziehungen, ifa) since 2009 to recognise excellence in content and aesthetics
in films dealing with issues of international understanding, peacekeeping and / or intercul-
tural dialogue. These films usually are without German distribution and therefore not
available to audiences in Germany.
The Academy of the Arts of the World (Akademie der Künste der Welt) in Cologne opened
with the aim of fostering an intercultural dialogue within the arts. It unites artists, musi-
cians, dancers, intellectuals, writers, curators and cultural players from different artistic
backgrounds and continents, who work together to develop its programme. In Bochum,
another municipality in Northrhine-Westphalia, the Future Academy NRW Intercultur,
Cultural Education, City Society (Zukunftsakademie NRW Interkultur, Kulturelle Bildung,
Stadtgesellschaft) was founded in 2012. The Future Academy is a platform for discussion
and qualification and a practical laboratory for questions regarding the future of city socie-
ties in terms of art, intercultural and cultural education.
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In this context, the 1999 integrated Action Programme of the Federal Government and fed-
eral states (Länder), which has been given the title "Social Town" (Soziale Stadt), is also of
interest. Up to now 659 comprehensive measures in 390 cities and municipalities were ad-
mitted to the federal-state programme in order to counteract social and spatial division.
Concrete areas of activity include "Urban District Culture"(Stadtteilkultur), "Social Activi-
ties and Social Infrastructure", as well as "Different Social and Ethnic Groups Living To-
gether" (http://www.sozialestadt.de/programm). In 2014, the federal funds for the pro-
gramme have been increased from 40 million EUR in 2013 to 150 million EUR.
The positive impact that culture and the arts have on the process of cultural integration and
social cohesion is increasingly being acknowledged. Only a few local or federal state
(Länder) authorities, however, run concrete programmes and projects. Some federal states
(Länder), such as North Rhine-Westphalia (NRW), have special funding programmes.
Local authorities (like Nürnberg or Stuttgart) and public or private cultural institutions
(like cultural centres) continue to be the main actors in this field. Beyond that foundations
become more and more active. The Federal Cultural Foundation ("Shrinking Cities") and
the Cultural Foundation of the federal states (Länder) ("Kinder zum Olymp") may be high-
lighted in this aspect, both co-operating with civil society institutions. The cultural activi-
ties of the churches are growing in significance as well.
Exchange of experiences and best practice between actors and institutions (also via the in-
ternet) helps to accelerate communication and adoption of new ideas and conceptions. Ad-
dressing audiences, especially those rather remote from the arts, is at the heart of projects
that have a major concern with social cohesion. Programmes such as employing artists in
public schools (e.g. in Saxony-Anhalt or with the project "Cultural Operators for Creative
Schools" ("Kulturagenten für kreative Schulen") in Baden-Wuerttemberg, Hamburg, Ber-
lin, North Rhine-Westphalia and Thuringia) or projects by theatres or orchestras working
in social contexts, such as town districts, residential homes for elderly people, hospitals
etc., are examples which are seen as both innovative and effective. There has been a certain
revival of social and cultural ideas of the seventies and eighties, where cultural policy had
a focus on the social impact of culture and arts as it is expressed with the term "Socialcul-
ture" ("Soziokultur").
Themes linked to a value-based cultural policy are – among others – being discussed in the
so-called "guiding culture" debate ("Leitkultur"-Debatte). This has an impact on the for-
mation of public opinion. Themes like trust, respect, appreciation etc. play a major role
here. Discussion, however, is only just starting. A debate, which is already more advanced,
concerns topics like voluntary work, empowerment, participation, etc. Another focus of re-
search and debate has been on the question of whether it is necessary to promote social co-
hesion even more than prescribed in the Constitution and laws of the country; the latter
stating the values of society including the tradition of Christianity and Enlightenment.
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Germany
pay social security deductions, whereas the culture and creative industries employ a high
share of freelancers and self-employed persons with an annual turnover of at least 17 500
EUR.
The new Bundesländer, but also some structurally weak regions in the west part of Germa-
ny, have repeatedly attracted EU funds to support employment in the cultural sector. These
funds have been used to support, for example, the development of municipal cultural plan-
ning (in Brandenburg) or the training of cultural managers in the rural districts of Lower
Saxony, co-financed by the Land and the Federal Agency of Labour.
Indirect employment effects for the cultural sector are also generated through other EU
Structural Funds. The European Agricultural Guidance and Guarantee Fund (EAGGF) is
often used to finance the restoration of protected monuments like castles and churches or for
the protection and restoration of cultural heritage in the context of rural development. The
Land Brandenburg derived funding from the European Programme for Regional Develop-
ment (EFRE) to create a municipal investment programme for culture. In North-Rhine-
Westphalia, the Ruhrgebiet has benefited the most from the Structural Funds, e. g. to develop
the Zeche Zollverein in Essen, which is on the UNESCO list of World Cultural Heritage.
Therefore employment measures in some of the Bundesländer are at least indirectly sup-
ported via the Structural Funds of the EU as well as from economic and investment support
programmes of the federal states (Länder) and the Federal Government (e. g. the Invest-
ment Support Law), which are increasingly being opened up to the culture sector.
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Germany
Globalisation trends in the culture industry are marked by interplay of globalisation and lo-
calisation. "Cultural globalisation" is furthered by economic globalisation. As the latter
progressively extends the range of markets and the scope of entrepreneurial activity (to the
point where corporations are active worldwide), the central cognitive activity associated
with "cultural globalisation" manifests itself in a proliferation and intensification of com-
parative social processes. The Internet changes the cultural significance of near and far –
building and strengthening cultural cohesion and a sense of belonging.
Since 2009 the Federal Commissioner for Culture and Media Affairs, together with two
games associations, award a prize for an educationally valuable German Computer game
(endowed with 385 000 EUR sponsored by the games associations).
In 2011, the computer games museum in Berlin opened a new permanent exhibition.
A betaversion of the German Digital Library (Deutsche Digitale Bibliothek) was launched
in November 2012 under the address http://www.deutsche-digitale-bibliothek.de. This por-
tal is the basis to bring all German cultural and science organisations and their digital com-
ponents together and integrate them in the European digital library Europeana. On 31st of
March in 2013 the first full version was activated. The German Digital Library provides
access to Germany's cultural heritage in digital form. This includes digital collections and
indexing information from libraries, archives, museums, cultural heritage offices and me-
dia libraries as well as universities and other research institutions. The contents of the
German Digital Library include digital representations and derivatives of books, docu-
ments, paintings, statues, installations and monuments, all the way through to films and
music. Currently it includes 18.3 million objects.
After during the 17th legislative period (2009-2013) an Enquete Commission on "Internet
and digital society" was working, the German Parliament decided in February 2014 to in-
stall a German Parliaments Commission "Digital Agenda". This is the first time that the
German Parliament have a permanent formal parliamentary body that focuses on current
issues on net politics. In August 2014 the Federal Government presented a "Digital Agen-
da" which aims to enable all people to participate on the chances of the digitalisation and
to set framework conditions for living, learning, working and economising in the digital
world. The "Digital Agenda" provides guidelines and combines measures on 7 key areas,
among them "V: education, science, research, culture and media". In March 2015 Dieter
Gorny was appointed as representative for creativity and digital economy.
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ful role in shaping the cultural infrastructure and urban space (as e.g. in Cologne where
there was an initiative against an expensive new building for the municipal theatre and a
request for an less expensive reconstruction of the old Riphan theatre). Another type of ini-
tiative is the participation in developing culture concepts or cultural development plans
(e.g. Freiburg) or participatory budgets (in spring 2010 in more than 65 German Cities).
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5.1.1 Constitution
At present, the Federal Constitution for the Republic of Germany (Grundgesetz – GG) in-
cludes one phrase referring to culture and the arts: "The arts and science, research, and
teaching shall be free." (Article 5.III GG). According to the interpretation of the Constitu-
tional Court, this clause not only stipulates a right for creative artists to protection from
state interference but also mandates the state to preserve and promote culture and the arts.
This principle was explicitly reaffirmed in Article 35 of the 1990 Unification Treaty. In the
past two decades, there have been efforts to insert a more precise "cultural clause" or to in-
clude culture among the main goals of the state in the federal constitution. The last of these
proposals was issued in 2005 by the Commission of Inquiry set up by the German Parlia-
ment entitled "Culture in Germany".
In contrast to the Federal Constitution, the majority of the federal states' (Länder) Constitu-
tions address the arts and culture more specifically – the only exception being the city-state
of Hamburg. Three of the federal states (Länder) – Bavaria, Brandenburg and Saxony – in-
clude culture among the main goals of the state in clauses such as: "Bavaria is a legal, cul-
tural and social state" (Article 3.I). Similar or identical to the clause in Article 3.III GG of
the Federal Constitution, basic protective rights are found in 11 of the federal states' (Län-
der) Constitutions. Furthermore, provisions regarding authors' rights can also be found in e.
g. the constitution of Hessen: "The rights of authors, inventors and artists enjoy the protec-
tion of the state." (Article 46)
Most constitutions of the federal states (Länder) include pledges for public support to the
arts or cultural development, e. g. in clauses such as: "The Land protects and supports cul-
tural life" (Berlin, Article 20.II). In addition, many of the Constitutions oblige the authori-
ties to foster public involvement in the arts and culture, e. g. "The whole people should be
given the opportunity to make use of the cultural goods of life." (Rhineland-Palatinate, Ar-
ticle 40.III)
Many federal states' (Länder) Constitutions include legal obligations with regard to specif-
ic public responsibilities, such as in the field of heritage protection or adult education and
some mention the promotion and protection of cultural traditions of ethnic minorities.
In a wider context, some clauses propose cultural goals for the educational system, such as
in the constitution of Bavaria: "Openness to everything that is just, good and beautiful"
(Article 131.II) or Thuringia: "Peace-loving and living together with other cultures and
peoples" (Article 22).
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Germany
There is not much dispute about the role of federal authorities to represent the country in
culture matters and particularly in the federal capital Berlin. Other Federal responsibilities
relate to the protection of the national and world heritage, the care for specific sites, the
protection, acquisition and return of cultural goods of national importance, the funding of
important cultural institutions in the Eastern part of Germany (so-called "light towers") and
the promotion of cultural unity in the country. Also, the Federal Cultural Foundation (Kul-
turstiftung des Bundes) falls under the competence of the Federal Government. However,
plans to merge this foundation with the Cultural Foundation of the federal states (Kul-
turstiftung der Länder) were revived by the grand coalition government elected in 2005,
but failed at the end of 2006. Film funding and the governance of the Foundation for Prus-
sian Heritage are matters to be addressed in co-operation with the federal states (Länder).
Other public responsibilities in the cultural sphere are usually regulated by the federal
states (Länder). However, the federal states (Länder) transferred the majority of responsi-
bility for cultural affairs to the local level (cities, towns and counties), as can be read ex-
plicitly in some of their respective Constitutions and municipal codes.
Competence of the municipalities in the cultural field is, on the one hand, enshrined in Ar-
ticle 28.II of the Federal Constitution as well as in various Land constitutions and county
and municipal codes.
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Germany
nies that regularly exploit and market the work of artists and journalists / authors. To that ef-
fect, the enterprises are charged with an artists' social insurance levy (Künstlersozialabgabe)
on all fees and royalties paid, whose level is subject to annual adjustments. For example, the
levy reached 5.8% in 2005 and then decreased in the following years to 4.1% in 2013. In 2014
this levy reached 5.2 %.
In addition, the Federal Government provides a subsidy to help fund the supposed "em-
ployee's share" with 40% of the expenditures of the Artists' Social Insurance Fund.
Through another amendment of the Artists' Social Security Law that came into effect in
June 2007, the financial basis of the Fund was improved by broader coverage and a stricter
examination of all contributors, including the artists as beneficiaries. In September 2008,
the attempt of some federal states (Länder) in the Bundesrat to abolish the Social Security
Act for Artists failed, due to a broadly supported protest against such plans both from cul-
tural policy makers of all parties and from culture and artists' associations.
On 1st January 2015, the Artists' Social Insurance Stabilisation Act (Künstlersozi-
alabgabenstabilierungsgesetz) came into force. The aim is to insure the regular review and ad-
visory services of the employers concerning the social insurance levy, in order to stabilise the
rate of charge and to pursue levy justice. Now the German pension insurance audits compulso-
rily every 4 years all undertakings (companies) and employers with more than 19 employees
that are already registered at KSK.
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Germany
In October 2015 the national ministry of justice and consumer protection presented a min-
isterial draft of a "Law of improved enforcement the right of equitable remuneration for
originators, authors and practicing artist".
In November 2015 the German Cabinett adopted a draft of Collecting Societies Act to
transpose the EU directive 2014/26/EU for the collective defense of the copyright and re-
lated rights and the granting of the multirepertoire licenses for rights on musical works for
the online use in the internal market and the amending of procedure concerning the remu-
neration of technical equipment and storage media.
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Germany
These general data protection laws are complemented and clarified by many other data
regulations, e.g. in the social security domain or with regard to church life. However, the
BDSG regulations are also relevant in the cultural area, where they have gained relevance
e. g. in the marketing work of cultural facilities. Since May 23rd, 2004, companies are
obliged to appoint a data security official in cases where more than five employees handle,
or have access to, personal data.
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Germany
national government. Upon unification, the aspect "promotion of unity" as expressed in Ar-
ticle 35 of the 1990 Unification Treaty took centre stage.
The cultural competence of the federal states (Länder) is limited by the tasks of the federal
authorities defined in the Federal Constitution and by the responsibilities transferred to the
municipalities within the framework of "local self-government" (Article 28.2 GG), as well
as by the obligation of the municipalities under many Land constitutions to cultivate and
promote cultural life. In contrast to the other two levels, the competence of the federal
states (Länder) is more precisely defined by provisions in their constitutions and by indi-
vidual laws.
Specific cultural laws exist at the federal state (Länder) level as regards archives, the care
of monuments and adult education. Individual federal states (Länder) have a Law on Music
Schools (Brandenburg) and a Library Law (Baden-Wuerttemberg and Thuringia). Howev-
er, no special laws exist for the largest or most important cultural institutions such as pub-
lic theatres, museums or orchestras. Legal competencies in the mass and electronic media
are divided between the federal (Bund) and the federal state (Länder) authorities.
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5.3.3 Cultural heritage
One of the central tasks of cultural policy is the protection and preservation of the built
heritage, i.e. cultural monuments and man-made landscapes including architectural, ar-
chaeological and paleontological monuments as well as parks. At the Land level, monu-
ment protection legislation has been passed. In addition to their sovereign right to define
their own tasks, the federal states (Länder) also consider it their duty to preserve such
monuments and provide funds for this purpose. Municipalities are also involved in monu-
ment conservation; as a general rule, they have been assigned specific roles in this domain.
Despite the primary role of the federal states (Länder) in monument conservation, a pro-
gramme at the federal level has been operating since 1950 to promote monument conserva-
tion measures in order to preserve and restore immovable cultural monuments of national
significance. This involves federal co-financing of those cultural monuments that are sig-
nificant for Germany as a whole. Following re-unification, the Federal Government
launched several monument conservation programmes to help meet the special needs for
long overdue monument conservation work in Germany's eastern federal states (Länder).
These programmes are co-financed by the Land involved. The federal (Bund) and federal
state (Länder) authorities work together in the German National Committee for Monument
Protection.
Private sector activities in the area of monument conservation are of great importance.
There are a substantial number of volunteer monument conservators in Germany who work
hand in hand with the respective public authorities. Furthermore, private funding has be-
come indispensable in this field.
The German Foundation for the Protection of Monuments functions as a useful and effec-
tive link between public and private sector activities in this area. The Standing Conference
of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of
Germany (KMK) serves as the national clearinghouse for recommendations of monuments
to the UNESCO World Heritage List.
Whereas monument conservation measures are designed to preserve and safeguard im-
movable cultural assets and thus protect this part of the nation's cultural heritage, other cul-
tural heritage protection measures serve to protect its movable cultural treasures. These,
too, are at risk of deterioration and destruction. The greatest threat to the nation's movable
cultural heritage is, however, the loss of specific treasures, especially through their sale
abroad.
The statutory basis for state protection against the export of cultural objects is the Act on
the Protection of German Cultural Heritage against Removal Abroad. This legislation is in
line with EU law, which – contrary to the generally prescribed free movement of goods
within the EU internal market – expressly provides for such a restriction on trade and
movement in the case of "cultural objects classified … as national cultural treasures pos-
sessing artistic, historic or archaeological value". Protected from export are objects that
have been entered by the federal states (Länder) in their registers of cultural treasures and
archives that possess national value. The vast majority of these objects are privately owned
such as paintings, medieval books, musical instruments, archaeological objects or archives.
The Federal Commissioner for Cultural and Media Affairs (BKM) maintains a consolidat-
ed register of cultural treasures and archives possessing national value that is compiled
from the Land registers and published in the Federal Gazette. The Commissioner is also re-
sponsible for deciding whether to permit the export of such objects.
In order to safeguard national treasures, the Federal Government also assists the federal
states (Länder) and the municipalities in purchasing important objects when it is feared that
they may be sold abroad (see chapter 4.2.2).
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In contrast, in September 2008, the federal cabinet agreed to the establishment of a register
of cultural assets, which is to help to prevent the illegal import of cultural assets from other
countries.
In November 2015, the federal cabinet passed the draft law on protection of cultural assets.
So far, in Germany three laws regulated the protection of cultural assets: the Act on the
Protection of German Cultural Heritage against Removal Abroad, the Act on the Return of
Cultural Assets and the Act to Implement according to the Haagener Convention. The
adopted amendment of the law on protection of cultural assets harmonises the different
German regulation standards and transposes the EU-directive on protection of cultural as-
sets of May 2014 into national law as well. Thus, the harmonised regulations comply with
the European and international law and the requirements of data protection. The directive
covers public collections, whereas private cultural assets only in case of classification as
national cultural assets. The export control will be tightened by a permit requirement for
cultural assets of certain categories; in addition, an import control for cultural assets trans-
ported to Germany will be exercised. The Federal Commissioner for Cultural and Media
Affairs describes this adopted amendment of the law on protection of cultural assets as
"one of the most important initiatives of cultural policy during this legislature".
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to fix the retail prices for their new books. This regulation is meant to safeguard a stable
book market and with it a diverse supply structure, from which both the authors and read-
ers should benefit.
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In addition to the FFA, the German film industry is also supported by the Federal Commis-
sioner for Cultural and Media Affairs (BKM). Every year, more than 130 million EUR in
total flows into awards (for example, the German Film Award) and promotion programmes
(support for productions, scripts, cinemas, etc.). Since 2005, the German Film Award (with
prize money of 3 million EUR) is organised by the German Film Academy, founded in
2003. Furthermore, film festivals and symposia (for example, The International Film Festi-
val Berlin), international film productions (through bilateral film agreements), as well as
institutions dedicated to the restoration and preservation of film cultural heritage (for ex-
ample Stiftung Deutsche Kinemathek in Berlin and the Deutsche Filminstitut in Frankfurt
am Main) are also supported by the BKM.
The German cinema promotion amounts actually in total to 340 million EUR, made up of
the promotion of FFA as well as the Federal Government (Bund) and federal states (Län-
der).
On January 1st 2007, a new support model entitled "Encouragement and consolidation of
film production in Germany" came into force, which offers film producers a reimburse-
ment of 15 to 20 % of production costs, spent in Germany, on the production of a cinema
film. 60 million EUR p.a. has been provided. The intention is to increase Germany's attrac-
tion as a production location for large-scale international productions.
In addition to support measures for the improvement of the artistic quality of films, federal
policies in this domain include regulatory measures, e.g. concerning taxation and copyright
frameworks. In that context, tax shelters for film funds were abolished in November, 2005.
The federal cabinet decided on a mandatory registration for German cinema films in Octo-
ber 2012. This was adopted accordingly in the Federal Archive Act (Bundesarchivgesetz).
In January 2014 the Federal Constitutional Court confirms the legality of the Federal Film
Promotion Act and dismisses the constitutional complaint of four internationally represent-
ed cinema chains. This constitutional complaint had been particularly brought against the
so-called film levy, which provides that cinema owners have to pay between 1.8% and 3%
of their net income (if more than 75.000 EUR are achieved) to the Film Promotion Agency.
Through this the Federal Constitutional Court confirms the in this manner since 1968 exist-
ing promotion and levy system.
Film promotion programmes also exist at the federal state (Länder) level. These differ con-
siderably in scope and are funded by a variety of sponsors and bodies. In order to coordi-
nate the film policies of the federal states (Länder) with the Federal Government, the
Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in
the Federal Republic of Germany (KMK) established a Film Committee of the Länder in
1994, which involves the participation of the respective state chancelleries and economic
ministries.
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1997, and the essentially identically worded Interstate Broadcasting Agreement concluded
among the federal states (Länder).
See also chapter 4.2.6.
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6. Financing of culture
6.1 Short overview
The financing of culture in the Federal Republic of Germany rests on several pillars. In
keeping with the subsidiarity principle, culture – and thus the public financing thereof – is
first and foremost the responsibility of the citizens and their local communities. Only when
the scope or nature of a cultural policy task is beyond the community's resources does the
state step in as a sponsor. The municipalities thus bear the lion's share of the cost of financ-
ing public cultural activities and institutions, followed by the federal states (Länder). Due
to its limited competence in the field of cultural policy, the Federal Government provides
only a small share of the total support for culture in Germany (see chapter 6.2). Impossible
to quantify through financial statistics – but by no means insignificant – are the funds
stemming from other policy fields, especially job promotion. In Germany's western federal
states (Länder), the overwhelming majority of these funds were allocated to third sector
sponsors of cultural activities and institutions even prior to unification. In the eastern fed-
eral states (Länder), they have taken on great importance in the course of the past ten years
for all cultural institutions.
The municipalities, the federal states (Länder) and the Federal Government operate on the
basis of rather different definitions of the term "culture", however. To give an example:
scientific museums and libraries are included in "culture" within the statistics on the mu-
nicipality level by Deutscher Städtetag, whereas they are excluded at the level of the fed-
eral states (Länder) by the Kultusministerkonferenz or at the federal level by the Federal
Office for Statistics. Another challenging aspect for comparisons is different calculation
methods: the principle of gross expenditures by the Deutscher Städtetag and the net ex-
penditures by the Kultusministerkonferenz. As a result, public cultural expenditure statis-
tics often varied considerably, in some cases by billions of EUR.
A partial harmonisation was achieved when the Federal Office for Statistics co-operated
with statistical offices of some federal states (Länder) to produce the 2nd Cultural Finance
Report, published in 2003. For the first time, the offices for statistics of the federal, federal
states (Länder) and municipality level agreed on a generally admitted term of "culture",
which is oriented towards the definitions of EUROSTAT and UNESCO in order to facili-
tate comparisons at international level. Since then the following issues were measured by
the offices for statistics for "cultural issues": theatre, music, scientific and other museums,
scientific and other libraries, archives, heritage issues, cultural administration, academies
of Arts and foreign cultural policy (see Table 4). Furthermore, "cultural related issues" in-
clude radio and television broadcasters and media companies, adult education centres and
church affairs. Moreover, the principle of basic funds has been chosen to constitute the ex-
penditure. The following cultural finance reports – 2006, 2008, 2010, 2012 and 2014 –
maintained the described concept of culture and the expenditure principles. Following the
recommendation of the Enquete Commission the federal governments and those of the fed-
erals states instructed the Federal Statistical Office to set up a national uniform cultural sta-
tistics that should be developed from 2014 to 2016. The discussions around a standardisa-
tion of cultural statistics were also taken up by the Enquete-Kommission of the German
Bundestag (Federal Parliament) on "Culture in Germany", which submitted, in its final re-
port, a suggestion on the harmonisation of cultural statistics. In 2008, this suggestion was
discussed and at least partly introduced.
Regardless of these differences, cultural expenditure increased disproportionately in com-
parison to other areas of public expenditure in the 1970s and 1980s. In the 1990s and the
2000s however – aside from the rise in cultural expenditure at the federal level due to uni-
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fication – total public expenditure increased nominally but declined in real terms. This
negative development ended in 2006/2007 when the cultural expenditure started to rise
again slowly in real terms – a development that came to a halt on the regional and local
levels, following the 2008/9 world financial crisis. On the other hand, the budget for cul-
tural affairs on the national level rose continuously since 2006 – from 1.00 billion EUR in
2006 to 1.53 billion in 2014 – an increase of 53 %. The per capita expenditure increased
2014 to 18.83 EUR. In relative terms, public spending on culture by the national level ac-
counted for approximately 0.05 % of the German Gross Domestic Product (GDP) and 0.91
% of the total public expenditure in 2014.
In order to provide greater transparency on public spending on culture, some federal states
(Länder) published reports on culture offering statistical data as well as presentations of the
development of the cultural sectors through public funding – e.g. Bavaria (1998, 2005 and
2010), North rhine-Westphalia (2008 and since 2010 annual) and Lower Saxony (2011 and
2013/2014).
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The municipalities in 2011 spent a total of 4.215 billion EUR, with a per capita average of
52.13 EUR. Notable increases can be recognised, with the per capita expenditure in 2001
at 40.30 EUR. The per capita expenditure by metropolis with more than 500 000 inhabit-
ants in 2011 was 144.18 EUR compared to larger scale cities with less than 20 000 inhabit-
ants with 19.53 EUR.
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6.2.3 Sector breakdown
Table 2: State cultural expenditure: by sector, in billon EUR, and in %,
1995, 2000, 2005, 2007, 2009, 2011 and 2012
Field 1995 2000 2005 2007 2009 2011 2012*
Performing arts
(theatre and music)
billion EUR 2.75 2.80 2.94 3.07 3.24 3.25 3.37
% share of total 44.6 44.4 36.7 36.3 35.4 34.6 35.5
Libraries
billion EUR 0.65 0.69 1.10 1.24 1.38 1.36 1.38
% share of total 10.6 10.9 13.8 14.6 15.1 14.4 14.5
Museums
billion EUR 0.97 1.02 1.53 1.58 1.65 1.83 1.86
% share of total 15.7 16.2 19.2 18.6 18.0 19.5 19.6
Monuments and sites
billion EUR 0.32 0.34 0.41 0.48 0.5 0.53 0.51
% share of total 5.1 5.4 5.1 5.6 5.5 5.6 5.4
Other cultural heritage
conservation
billion EUR 1.02 1.04 – – 1.19 1.29 1.18
% share of total 16.5 16.5 – – 13.0 13.7 12.4
Cultural affairs abroad
billion EUR – – 0.28 0.30 0.38 0.38 0.43
% share of total – – 3.5 3.5 4.1 4.0 4.5
Art colleges
billion EUR – – 0.42 0.47 0.49 0.54 0.55
% share of total – – 5.3 5.5 5.4 5.7 5.8
Administration
billion EUR 0.47 0.42 0.47 0.40 0.31 0.23 0.23
% share of total 7.5 6.6 5.9 4.7 3.4 2.4 2.4
Total billion EUR 6.18 6.21 8.00 8.46 9.13 9.41 9.51
Source: As broken down in: Kulturfinanzbericht 2006, 2008, 2010, 2012 and 2014 (Cultural Finance Re-
port 2006, 2008, 2010 2012, 2014).
* Preliminary results
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7.2 Basic data about selected public institutions in the cultural sector
Table 3: Cultural institutions financed by public authorities, by domain
Domain Cultural institutions (subdomains) Number (Year) Trend (++ to --)
Cultural heritage Cultural heritage sites (recognised) N/A N/A
Museums (organisations) 4 735 (2013) *
Archives (of public authorities) 11 federal, 61
federal states
(2014)*
Visual arts public art galleries / exhibition halls 488 (2008) unchanged
Art academies (or universities) 29 (2014) +
Performing arts Independent symphonic orchestras 48 (season --
2013/2014)**
Integrated symphonic orchestras 70 (season --
2013/2014) **
Public theaters 128 (season unchanged
2012/2013) **
Private Theaters 82 (season unchanged
2012/2013) **
Music schools 930 (2014) * +
Music academies 24 (2014) *
(or universities)
Books and Libraries Libraries 7 875 (2013) * --
Films screens 4 637 (2014) * +
Interdisciplinary Socio-cultural centres / cultural houses 1 100 (2008) +
Other (please explain) Youth art schools 423 (2008) +
Sources: * Deutscher Städtetag (Hrsg.) (2015): Statistische Jahrbuch 2015
** Deutscher Bühnenverein (Hrsg.) (2015): Theaterstatistik 2013/2014
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8.1.3 Grants, awards, scholarships
Grants and prizes are instruments of "individual artist support", adopted both by public
bodies at a municipal, federal state (Länder) and Federal level (Bund) and also by private
and civil society organisations. A wide range of public and private foundations are im-
portant in this context (e.g. the art and culture foundations of the individual federal states
(Länder)), but also, for example, the autonomously administered Federal Cultural Funds
(Deutscher Literaturfonds, Stiftung Kunstfonds, Fonds Soziokultur, Fonds Darstellenden
Künste, Deutscher Übersetzerfonds), which distribute, subject to application, funding of
the Kulturstiftung des Bundes (Federal Culture Foundation). The web portal Kulturpreise
Online and the Deutsches Informationszentrum Kulturförderung
(http://www.kulturfoerderung.org) provide information on the range of individual support
funding available from awards and foundation grants.
Cultural awards and regular scholarships for artists are a particularly noteworthy support
instrument; during the last three decades, their number and importance increased consider-
ably: In 1978 the Handbuch der Kulturpreise (Handbook of Cultural Awards) listed 776
prizes and scholarships; by 1985 the number had already risen to 1 329 and by 1994 to just
under 2 000. The 2000 edition of the handbook listed 2 400 awards.
The 2010 online version of the Handbook of Cultural Awards (http://www.kulturpreise.de)
shows what may be interpreted as a possible saturation: It arrived at over 2 500 awards and
scholarships (combining 4 500 individual measures under one name, e.g. for established
artists and newcomers). General cultural awards account for 17% of these, followed by lit-
erature with 14%, the visual arts and media / journalism with 13% each, socio-culture with
12% and music with 11%. Recent years have also seen a marked increase of prizes and
scholarships endowed by private individuals and firms, especially in the media. Neverthe-
less, the financial weight of awards and other forms of regular individual support for artists
and writers is rather limited; it can be estimated to reach approximately 1% of the total ex-
penditure on culture in Germany. In many cases, the symbolic and publicity value of such
measures will be more important for the recipient than the actual income provided.
The further increase of cultural awards is documented at the online version of the hand-
book of 2013, which listed 6889 awards. In particular at the fields of media and literature
various prizes are awarded – at each of the two nearly 14 %.
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Table 4: Visitors / users (in thousands), 1995, 2000, 2005-2013
1995 2000 2005 2007 2008 2009 2010 2011 2012
Museums
Institutions 3 982 4 716 4 847 4 712 4 776 4 790 4 823 - 4 848
Visits in thousand 91 062 99 560 101 407 107 304 104 852 106 820 109 196 - 112 808
Theatres
Institutions 624 731 755 826 824 888 - - -
(Spielstätten)
Visits in thousand 20 620 20 193 18 608 18 782 19 006 19 338 - - -
Public libraries
Institutions 13 032 11 332 7 134 6 982 8 393 8 404 8 256 - 7 979
Active users in 9 387 8 709 7 454 7 483 7 913 7 965 7 985 - 7 702
thousand
Music schools
Institutions 981 980 930 920 914 909 919 920 -
Pupils / students 851 868 894 901 930 958 983 1007 -
in thousand
Cinemas
Institutions / 3 814 4 612 4 687 4 652 4 639 4 571 4 550 4 509 4 617
screens
Visits in thousand 124 500 152 500 127 300 125 400 129 400 146 300 126 600 129 600
Source: Statistisches Jahrbuch für die Bundesrepublik Deutschland (Statistical Yearbook for the Federal
Republic of Germany), Federal Statistical Office, Wiesbaden, edition for the given year.
Due to the location of major cultural institutions in larger cities, the latter account for a
great part of the visitors.
Table 5 provides an overview on the use of the Internet in Germany, which shows that in
2014 for fifth of the German population uses the internet. More men (85%) than women
(76 %) and more young (percentage of young people between 10 and 15 years: 97%) than
old people (percentage of people older than 65 years:43 %) use the internet.
Table 5: Use of the Internet in Germany, 1997, 2000, 2005, 2010, 2011 and 2014
1997 2000 2005 2010 2011* 2014
People using the internet in percentage 6.5 28.6 57.9 69.4 76.0 80.0
Source: Statistisches Jahrbuch für die Bundesrepublik Deutschland (Statistical Yearbook for the Federal
Republic of Germany), Federal Statistical Office, Wiesbaden, edition for the given year.
The following Table 6 provides an overview of the expenses of private households (aver-
age size: 2 persons) for selected cultural goods and services:
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Table 6: Expenditure of private households on selected cultural goods and services,
in million EUR, 2003-2012
2003 2005 2007 2009 2011 2012
All expenditure for leisure, culture
and entertainment 2 616 2 784 2 748 2 772 2 928 2 940
Selected items:
Video and audio media 84 96 84 96 108 96
Books 144 156 144 144 144 144
Press 264 264 264 252 264 264
Visits of theatres, concerts, cine- 89 91 93 102 105 108
mas, circus and similar events
Visits of museums, zoos and simi- 24 26 28 28 34 34
lar locations
Source: Compiled from Kulturfinanzbericht 2014.
In the last years, research on audience development became more important and a few sur-
veys were conducted by cultural institutions in the field of cultural education (Zentrum für
Kulturforschung 2010) or migrants as part of audiences for cultural institutions (Centre of
Audience Development 2009). Surveys not only cover the perspective of cultural institu-
tion but also focus on consumer behaviour such as the 9th Barometer of Culture (Zentrum
für Kulturforschung 2011), or of individuals or social groups, e.g. Youth (2nd Barometer
of Culture of Youth – Zentrum für Kulturforschung 2012), people aged 50 and over (Kul-
turbarometer 50 + - Zentrum für Kulturforschung 2008), the cultural interests of migrants
(Sinus Sociovision 2010) or analysis of people not attending cultural institutions (Mandel
2010).
There are also some specialised surveys monitoring the participation of immigrant groups
in general cultural life, in particular on the use of media, such as newspapers, magazines,
television use, broadcasting and videotapes. In general, normally, most migrants and Ger-
mans with a migrant background use media in both languages, in German and their native
language - see for example the Jahrbuch für Kulturpolitik 2002/2003.
In December 2012 the 1st Intercultural Barometer was presented by the Zentrum für Kul-
turforschung. Based on a representative survey the Barometer analysed the influence of
migration on arts and culture (For more see:
http://www.kulturforschung.de/pdf/InterKulturBarometer_Zusammenfassung_DE.pdf).
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Recently, some initiatives started to promote participation in cultural life, for instance for
people with lower incomes or for children and young people. Worth mentioning are e.g.
• the initiative of "Kulturlogen". The idea is to enable people with lower incomes to have
free access to cultural performances by distributing seats that are provided by theatres
and other cultural institutions. The first Kulturloge started in 2009 in Marburg; mean-
while the idea spread to other major cities such as Berlin, Hamburg, Dresden, Göttin-
gen, and Gießen but also to rural districts e.g. Lahn-Dill-Kreis.
• The initiative "Cultural Bag Pack" in North Rhine Westphalia started in December
2011, which aims to give free or low-priced access to cultural institutions for young
people aged between 10 and 14 years old. The state provides 3 million EUR per year to
the municipalities taking part.
• In Saxony children up to 16 years get free entrance to public museums since 2009.
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varies in scope and quality. Since many years, experts deplore a shortfall in music and fine
arts instruction which is considered a widespread problem.
On the national level, e.g. with the programme "Culture and School" (a network of co-
operation for extra-curricular cultural education including artists) and in some of the feder-
al states (Länder), this has led to initiatives and regular programmes aimed at improving
this situation. Examples are:
• new plans for strengthening arts education proposed by federal state (Länder) govern-
ments, e.g. in North-Rhine Westphalia and Baden-Wuerttemberg;
• the 5-year development programme "Cultural Education in the Media Age" (kubim)
under the umbrella of the BLK, a joint body for educational planning and research
funded by the federal states (Länder) and the Federal Government (see
http://www.lehrer-online.de/460576.php); and
• in North Rhine-Westphalia the programme "Culture and School" started with 700 pro-
jects in its first year 2006/2007 and doubled this figure in 2010/2011.
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Special attention is given to intercultural education, in the context of intensified political
efforts to promote practical measures for cultural integration (see chapter 4.1 and chapter
4.2.4). Concrete stipulations are suggested in several education plans for the pre-school
range and the primary schools of the individual federal states (Länder). The Deutscher Kul-
turrat has also elaborated a cultural policy paper named "Interkulturelle Erziehung – eine
Chance für unsere Gesellschaft" (Intercultural Education – A Chance for our Society).
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the Labour Market for Cultural and Intercultural Activites". One of the results is an online-
database with profiles of more than 350 courses of study on cultural mediation (e.g. cultur-
al education, cultural management, cultural tourism etc.) at http://www.studium-kultur.de/.
8.3.5 Basic out-of school arts and cultural education (music schools, heritage, etc.)
Out-of-school opportunities for cultural and arts education are taking on ever greater im-
portance, often exhibiting higher quality and a broader scope than available in-schools.
New concepts and institutions that increasingly combine classical arts education with the
use of new media have been developed and established by non-governmental sponsors
with the aid of public funds. A key impetus to increase efforts furthering arts education for
children and young people came in 1991 through Section 11 of the Child and Youth Ser-
vices Act.
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8.4.3 Associations of citizens, advocacy groups, NGOs, and advisory panels
In Germany there is a National Network for Civil Society (Bundesnetzwerk Bürgerschaft-
liches Engagement BBE), linking organisations and associations from the third sector (non-
profit organisations) and civil society, from business and work life and federal and com-
munity institutions. It was founded by the National Council of the International Year of
Volunteers (IYV 2001) in 2002. Meanwhile, the BBE has 250 member organisations repre-
senting millions of members. The BBE promotes civic involvement in all social areas and
forms (e.g., in social work and health care, sports, cultural activities, the environment, edu-
cation and academic life, politics and business). (Civic involvement means holding an
honorary office, doing volunteer work or participating in self-help projects. People are in-
volved in clubs, associations, political parties, (civic) foundations, networks, citizens' initi-
atives or social movements.) The BBE aims e.g. to improve the general conditions of civic
involvement including the improvement of the compatibility of social welfare reform pro-
grammes and actions with civic involvement. In 2009 the BBE implemented the National
Forum for Civic Engagement and Partizipation. The main tasks of the forum are to summa-
rise the results of debates on civic engagement, to develop recommendations for a federal
strategy on civic engagement and to assists it further development.
The German programme of the "European Year of Volunteering 2011" (EYV) focused on
cross generation activities and the engagement of women, young people, senior citizens
and migrants. The main instruments of implementation were 8 regional conferences, the
week of civic engagement in September and the station of the EYV Tour in Berlin in Oc-
tober. The flagship projects in Germany that received a grant from the European Commis-
sion within the framework of the EYV were the above mentioned BBE and the State Youth
Ring Berlin (a federation of youth associations).
The European Council and the European Parliament named 2012 as a "European Year for
Active Ageing and Intergenerational Solidarity". The implementation in Germany was re-
alised by the Federal Ministry of Family, Senior Citizens, Women and Youth with the close
involvement of civic society. The main issues in Germany were to raise awareness for im-
ages of ages, potentials of best aged people for civic society and the economy as well as
independent and mobile life for elderly people. Within this framework, the federal ministry
provided 800 000 EUR, supporting 46 projects.
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Klein, Armin (Hrsg.): Kompendium Kulturmanagement. Handbuch für Studium und Pra-
xis. München: Vahlen, 2011
Köstlin, Thomas: Die Kulturhoheit des Bundes. Eine Untersuchung zum Kompetenz- und
Organisationsrecht des Grundgesetzes unter Berücksichtigung der Staatspraxis in der
Bundesrepublik Deutschland. Berlin: Duncker & Humblot (Tübinger Schriften zum Staats-
und Verwaltungsrecht, 3), 1989, 292 p., ISBN 3-428-016710-X.
Loock, Friedrich / Scheytt, Oliver (editor): Kulturmanagement & Kulturpolitik. Die Kunst,
Kultur zu ermöglichen. Berlin: Raabe Verlag (Loseblatt-Ausgabe), ISBN 1863-379X.
Maaß, Kurt-Jürgen (editor): Kultur und Außenpolitik. Handbuch für Studium und Praxis.
Baden-Baden: Nomos Verlagsgesellschaft, 2009, 375 p., ISBN 3-8329-1404-8.
Palm, Wolfgang: Öffentliche Kunstförderung zwischen Kunstfreiheitsgarantie und Kultur-
staat. Berlin: Duncker & Humblot (Schriften zum öffentlichen Recht, 748), 1998, 304 p.,
ISBN 3-428-09292-9.
Presse- und Informationsamt der Bundesregierung (editor): Im Bund mit der Kultur. Neue
Aufgaben der Kulturpolitik (as of March 2002). Bonn: Beauftragter der Bundesregierung
für Angelegenheiten der Kultur und der Medien (cultural policy – background informati-
on), 2002, 153 p.
Scheytt, Oliver: Kommunales Kulturrecht. Kultureinrichtungen, Kulturförderung und Kul-
turveranstaltungen. München: C. H. Beck Verlag, 2005, 300 p., ISBN 3-406-52550-4.
Schwencke, Olaf: Das Europa der Kulturen - Kulturpolitik in Europa. Dokumente, Analy-
sen und Perspektiven - von den Anfängen bis zur Grundrechtcharta, Bonn / Essen: Kultur-
politische Gesellschaft / Klartext Verlag (Edition Umbruch, Bd. 26) 2010, 417 p.
Sekretariat der Ständigen Konferenz der Kultusminister der Länder in der Bundesrepublik
Deutschland (editor): Einheit in der Vielfalt. 50 Jahre Kultusministerkonferenz 1948–1998.
Neuwied: Luchterhand, 1998, 264 p., ISBN 3-472-02952-8.
Statistisches Bundesamt: Statistisches Jahrbuch. Deutschland und Internationales, Wiesba-
den 2015, Wiesbaden, 2015, ISBN: 978-3-8246-1037-2, 639 p.
Statistische Ämter des Bundes und der Länder (Hrsg.): Kulturfinanzbericht 2014, 2012,
2012, 106 p., ISBN: 978-3-8246-1025-9.
Wiesand, Andreas Johannes: Handbuch der Kulturpreise. Preise, Ehrungen, Stipendien
und individuelle Projektförderungen für Künstler, Publizisten und Kulturvermittler in
Deutschland und Europa. 4. Neuausgabe 1995-2000. Bonn: ARCult Media, 2001, 1606 p.,
ISBN 3-930395-24-X.
Wagner, Bernd:Fürstenhof und Bürgergesellschaft. Zur Entstehung, Entwicklung und Le-
gitimation von Kulturpolitik, Bonn / Essen: Kulturpolitische Gesellschaft / Klartext Verlag
(Edition Umbruch, Bd. 24) 2009, 500 p.
Zimmermann, Olaf / Geissler, Theo (Hrsg.): TTIP, CETA & Co.: Zu den Auswirkungen
der Freihandelsabkommen auf Kultur und Medien, Berlin, 2015, 260 p., ISBN 978-3-
934868-34-2
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9.2 Key organisations and portals
Cultural policy making bodies
Federal Commissioner for Cultural and Media Affairs (Bundesbeauftragter für Kultur und
Medien)
http://www.kulturstaatsminister.de
German Federal Office (Auswärtiges Amt)
http://www.auswaertiges-amt.de
Federal Ministry of Education and Research (Bundesministerium für Bildung und For-
schung)
http://www.bmbf.de
Committee on Culture and Media at the Deutscher Bundestag (Ausschuss für Kultur und
Medien im Deutschen Bundestag)
http://www.bundestag.de/bundestag/ausschuesse17/a22/index.jsp
Committee on Cultural Issues at the Deutscher Bundesrat (Ausschluss für Kulturgragen im
Bundesrat)
http://www.bundesrat.de/nn_11452/DE/organe-mitglieder/ausschuesse/k/k-
node.html?__nnn=true
Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in
the Federal Republic of Germany (KMK)
http://www.kultusministerkonferenz.de
German Association of Cities, German Association of Towns and Municipalities, Associa-
tion of German Counties
http://www.kommunale-spitzenverbaende.de
Goethe-Institut Inter Nationes
http://www.goethe.de
Professional associations
Arbeitsgemeinschaft Deutscher Kunstvereine
http://www.kunstvereine.de
Bundesverband Bildender Künstlerinnen und Künstler
http://www.bbk-bundesverband.de
Bundesverband der Jugendkunstschulen und Kulturpädagogischen Einrichtungen
http://www.bjke.de
Bundesvereinigung Kulturelle Jugendbildung e. V. [BKJ] (Federal Government of Youth
Cultural Associations)
http://www.bkj.de
Bundesvereinigung Soziokultureller Zentren
http://www.soziokultur.de
Deutscher Bibliotheksverband e. V. [dbv] (German Library Association)
http://www.bibliotheksverband.de
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Deutscher Bühnenverein – Bundesverband deutscher Theater
http://www.buehnenverein.de
Deutscher Kulturrat (German Arts Council)
http://www.kulturrat.de
Deutscher Museumsbund
http://www.museumsbund.de
Deutscher Volkshochschulverband (German Adult Education Association)
http://www.dvv-vhs.de
Kulturpolitische Gesellschaft e. V.
http://www.kupoge.de
Verwertungsgesellschaft Bild-Kunst (Copyright Society)
http://www.bildkunst.de
Grant-giving bodies
Cultural Foundation of the federal states (Länder)
http://www.kulturstiftung.de
Federal Cultural Foundation
http://www.kulturstiftung-bund.de
Mercator Foundation
http://www.stiftung-mercator.de
Stiftung Preußischer Kulturbesitz
http://www.hv.spk-berlin.de
Deutsche Nationalstiftung
http://www.nationalstiftung.de
Deutsche Stiftung Denkmalschutz
http://www.denkmalschutz.de
Stiftung Lesen
http://www.stiftunglesen.de
Bundesstiftung Baukultur
http://www.bundesstiftung-baukultur.de
Deutscher Übersetzerfonds
http://www.uebersetzerfonds.de
Stiftung Kunstfonds zur Förderung der zeitgenössischen bildenden Kunst
http://www.kunstfonds.de
Fonds Soziokultur
http://www.fonds-soziokultur.de
Deutscher Literaturfonds
http://www.deutscher-literaturfonds.de/
Fonds Darstellende Künste
http://www.fonds-daku.de
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Cultural research, advices and statistics
Creative Europe Desk
http://www.ccp-deutschland.de
Institut für Kulturpolitik der Kulturpolitische Gesellschaft e. V.
http://www.kupoge.de
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