Poland, clashes over law that would prevent return of property taken by Nazis

A law signed last week by Polish President Andrzej Duda will effectively prevent the return to Jews of works of art and property in general taken from them by the Nazis. Duda signed an amendment to Poland’s Code of Administrative Procedure, which had already been approved in Parliament.The amendment in question was presented by the Polish government as necessary to introduce into the legal system a May 12, 2015 ruling by the country’s constitutional court on the subject of restitution. The law stipulates a 30-year maximum limit for claiming restitution or compensation, which would automatically exclude all claims for the restitution of property taken from the Nazi and World War II era.

According to the Polish government, which spelled out the rationale for the amendment in a statement, the law is based on the need to implement the principle of legal certainty: “the possibility of challenging decisions of public authorities,” the statement reads, “cannot be unlimited in time. Such a situation creates uncertainty about existing legal relations and gives the impression that decisions are temporary.” In addition, the memo further states, “the introduction of time limits for appealing administrative resolutions will also lead to the elimination of abuses and irregularities that have largely occurred in reprivatization processes.” The Polish government clarifies that “the provisions will apply only to administrative proceedings, including reprivatization. They will not affect civil proceedings aimed at obtaining compensation for wrongfully taken property,” and will apply regardless of the nationality or origins of the applicants.

Along the same lines is President Duda who, in turn, writes in a note, “I am convinced that, with my signature, an era of legal chaos, mafia privatization, uncertainty for millions of Poles, and disregard for the fundamental rights of the citizens of our country will end. I believe in a state that protects its citizens from injustice.” According to Duda, it is the end of an era of uncertainty “during which apartments and properties acquired in good faith could be seized by an administrative decision after their owner from over 70 years ago was suddenly found. Experience showed that these owners were often fictitious and that criminal groups were making fortunes at the expense of tens of thousands of people thrown onto the streets.”

However, the law provoked strong reactions both domestically and in the sphere of international relations. Harsh criticism came from Israel and the United States. Israel blocked for the time being the departure of the Israeli ambassador to Poland, who was out of the country. “Poland passed, not for the first time,” said Foreign Minister Yair Lapid, “an anti-Semitic and unethical law. [...] The Foreign Ministry recommends that the Polish ambassador to Israel remain in his country. This time should be used to explain to the Polish people what the Holocaust means to the citizens of Israel, and to what extent we will refuse to tolerate any disregard for the memory of the Holocaust and its victims. It will not end there. We are discussing with the Americans to coordinate our future response. Tonight [Duda’s signing was last August 14, ed.] Poland has become an anti-democratic and illiberal country that does not honor the greatest tragedy in human history. We must never remain silent. Israel and the Jewish people will certainly not remain silent.”

The U.S. Secretary of State, Antony J. Blinken, spoke of “troubling legislation”: “We are deeply concerned,” he wrote in a note, “that the Polish parliament today passed a law that severely restricts the process for Holocaust survivors and their families, as well as other Jewish and non-Jewish property owners, to obtain the return of property wrongfully confiscated during Poland’s communist era. We call for President Duda not to sign the bill or, in line with his authority as president, to refer the bill to Poland’s constitutional court. A comprehensive law is needed to resolve claims over confiscated property to provide a measure of certain justice for victims. Such a law would benefit many Polish citizens, as well as people who were forced to leave Poland during and after World War II and later became naturalized citizens of other countries. Until such a law is enacted, the compensation process should not be closed to new claims or decisions that remain pending in the administrative courts.”

Duda, however, rejected any association with the Holocaust. “I have become familiar with appeals from abroad,” he said. “Their authors have often claimed that the new law is targeted at a specific group: Jewish Holocaust survivors. I unequivocally reject this kind of rhetoric with all my heart, not only as President of the Republic of Poland, but as a person who, even for personal reasons, has never treated Holocaust-related issues with indifference. I oppose the idea of associating this act with the Holocaust. Poland is a guardian of the memory of the victims of German crimes against Jews, and we will not allow the Holocaust to be exploited for political purposes. We will continue to remind the world that every second victim of the Holocaust was a Polish citizen and that our government-in-exile did more than any other to counter the atrocities committed during the Holocaust. I emphasize the fact that 6 million citizens of the Republic of Poland died during World War II. Almost every Polish family lost a loved one, and communist expropriations and nationalizations, especially in the late 1940s, affected all citizens, regardless of nationality or religion. These properties were later rebuilt, restored and maintained for decades with public funds, while the German perpetrators of the war did not pay Poland for our huge material losses, and no Western country took part in the reconstruction of our country, which was destroyed by the Germans. The signed act contains nothing that would be foreign to the legislation of the countries in which politicians and organizations protested against it. The periods after which an administrative decision cannot be appealed are often much shorter than in Poland, where 30 years was deemed sufficient to recover or confiscate property. These are the periods that coincide with the ancient principle of acquisitive prescription, even in bad faith, which has long existed in Polish law.”

At the moment, the diplomatic crisis has not yet been settled.

Pictured: the Presidential Palace of Poland, residence of the Polish president.

Poland, clashes over law that would prevent return of property taken by Nazis

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