WRITTEN QUESTION E-0296/00

by Hartmut Nassauer (PPE-DE) to the Commission

(11 February 2000)

Subject: Progress with implementing European Union objectives in the Czech Republic

Human rights violations committed against citizens of various nationalities as a result of their expulsion from Czechoslovakia in the period after the end of the Second World War have still not been put right even today. Many of those concerned are still living. Decrees by the Presidents of the Republic and other laws led in 1945 and 1946 to the complete expropriation of mainly

German and Hungarian property-owners, which still affects people today and is upheld by the laws of the Czech Republic. Indeed, the Czech Republic continues to argue that the law of 8 May 1946 declaring an amnesty for excesses committed at the time of the expulsion remains in force.

Does the Commission share the view that to maintain laws and decrees dating back to 1945 and 1946, which led to the expulsion of over three million European citizens and deprived them of their citizenship, is not an appropriate way to help create an ever closer union among the peoples of Europe?

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.