WRITTEN QUESTION E-0301/00

by Hartmut Nassauer (PPE-DE) to the Commission

(11 February 2000)

Subject: Promotion of European legal culture in the Czech Republic

On 8 March 1995 the Czech Republic's constitutional court ruled in the Dreithaler Case that the deprivation of the rights of the German population and their deportation under the so-called Benesch decrees were in accordance with the legal principles of Europe's civilised societies. Accordingly the Law of 8 May 1946, for instance, on the legality of activities connected with the fight for the liberation of Czechs and Slovaks, remains on the statute book. This law is an amnesty for criminal offenders and provides these arbitrary measures, which continue to have effect, with a legal basis that is still applicable today.

Is the Commission aware of this judgment, and in view of the forthcoming accession negotiations how does it view the fact that discriminatory laws, directed against other Member States or some of their citizens, are in force in the Czech Republic?

Does the Commission agree that the abolition of such decrees and laws would be a welcome contribution to the common European legal system?

Joint answer to Written Questions E-0293/00, E-0294/00, E-0295/00, E-0296/00, E-0297/00, E-0298/00, E-0299/00, E-0300/00, E-0301/00, E-0302/00, E-0303/00 and E-0398/00 given by Mr Verheugen on behalf of the Commission

(20 March 2000)

The accession negotiations with the Czech Republic concern principally its acceptance of and alignment with the acquis of the European Union and its ability to satisfy the conditions for membership established by the European Council. As a Member State, the Czech Republic will have to adopt and implement all areas of Community legislation and policy, including the principles of free movement of people and freedom of establishment. The issue raised by the Honourable Member has to be seen foremost in that context, but obviously also the political criteria of Copenhagen play a role given the fact that they contain the protection of the human rights and the protection of the rights of minorities. The Commission is closely monitoring developments on these matters in all the candidate countries.

It is, however, important to notice that the issue put forward in these questions relates to events which took place before the entry into force of the EC Treaty. The so-called Benesch decrees will therefore play no role in the accession negotiations. Moreover, Article 295 (ex-Article 222) EC Treaty states that the Treaty shall in no way prejudice the rules in the Member States governing the system of property ownership. The Commission is thus not in a position to intervene in questions relating to restitution of property in a current or future Member State.

However, the Czech Republic has been a party to the European Convention for the Protection of Human Rights (ECHR) since 1992. The implementation of the ECHR is the responsibility of the Council of Europe. Questions concerning issues arising under this convention should therefore be best addressed to the Council of Europe.

The Commission would furthermore refer the Honourable Member to the relevant provisions of the Czech-German declaration adopted on 21 January 1997 on mutual relations.

It is for the several reasons mentioned above, that the Commission finds it difficult to take a position on the specific cases raised by the Honourable Member.