Where is the problem of the Charter of Fundamental Rights
12. 10. 2009 / Jana Bobošíková
In case the Lisbon Reform Treaty enters into force it will open the international legal space to re-discuss the validity of the Decrees of President Beneš and the uncertainty of property relations in the Czech Republic. The problem lies in the Charter of Fundamental Rights, which is a part of the Lisbon Reform Treaty. The European Court of Human Rights in Strasbourg followed the Charter when it confirmed the acquisition of property on the basis of the Decrees of President Beneš. After the ratification of the Lisbon Reform Treaty, which will have the strength of the founding treaty, the ownership disputes will move on to the EU Court of Justice in Luxembourg. And it is clear that in advance we cannot exclude that the EU Court of Justice under which the Treaty of Lisbon will fall, will come to a different conclusion than that reached by the European Court of Human Rights in Strasbourg.
I would like to point out that if the Czech government proceeded prudently as Poland and the UK that insisted on the superiority of their domestic law over the Charter, today we would not again have to warn against the uncertainty of property relations in our country. The Decrees of President Beneš, that tackle property confiscations of Nazi traitors and collaborators, became a central issue during the accession of the Czech Republic to the EU. At that time, some MEPs were opposing our accession in connection with the Decrees. The EP commissioned an opinion on the Decrees by the leading experts on law and history.
Thus a study "Legal Analysis on Beneš Decrees and the Accession of the Czech Republic to the European Union"was developed and subsequently the European Parliament recommendation to consent to the accession of the Czech Republic to the EU arose. Both documents claim clearly that the Decrees of President Beneš are not an obstacle to the entry into the EU and are not in conflict with the European law. Also the European Court of Human Rights in Strasbourg affirmed the legality of the acquisition of property on the basis of the Decrees of President Beneš. Nevertheless, efforts to reopen the property rights and to abolish the Decrees of President Beneš are still present. In particular Bernd Posselt, MEP, who is also the chairman of the Sudetendeutsche Landsmannschaft (Sudeten German Homeland Association), is very active in the area.
Further information, including legal studies HEREVytisknout
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