The law denying property restitution to Polish Jews – what is the legal situation today?
What does the Polish law on property restitution stipulate? A law passed by Poland in 2021 establishes a 30-year statute of limitations on filing claims for the restitution of property nationalized by the communist government after World War II. The passage of the law severely restricted the possibility that descendants of Polish Jews could file such claims. However, this possibility has not been ruled out entirely, and there may still be cases in which it is possible for descendants of Polish Jews to submit property restitution claims.
In 2021, in a surprising and puzzling move by the Polish Parliament, a new law came into force which denies the right of most Polish Jews to claim compensation or restitution of property that they had owned and were robbed of during World War II. Poland, which is currently the only country in the European Union that has refrained from legally regulating the method of compensating the country’s Jews and their heirs for the horrors of the Holocaust, caused international controversy following the new law. This law significantly damaged relations between Israel and Poland, and led to a condemnation from the Israeli government and the dramatic decision to recall Israel’s ambassador to Poland. Many have heard of the law, but few understand what it actually stipulates. Not everyone knows that the law does not prevent the possibility of receiving a refund in every case, but only in certain cases. Below we will sort things out for you and explain what exactly the new law stipulates.
What does the new law denying property restitution to Polish Jews stipulate?
The new law, which ironically came into effect on Yom Kippur (15 September 2021), does not deal specifically with the property of Polish Jews. However, it has dramatic consequences for property claims of Jewish descendants. In fact, the law establishes a 30-year statute of limitations for petitioning against government decisions on the nationalization of property. This means that claims for restitution or compensation for the nationalization of property owned by Polish Jews (including real estate and land owned by them) by the communist government after World War II will not be possible, insofar as the decision on nationalization or expropriation was a government decision.
The law actually changed the legal situation introduced in the country by the Polish Constitutional Court in 2015. That year, the Constitutional Court opened the door to the filing of property restitution claims, despite the lack of a legislative arrangement that allows it. The Constitutional Court in Poland then ruled that the filing of these claims would be possible, as long as no significant period of time had passed since the cause of the claim arose. However, the court refrained from determining what counts as a significant period of time. The new law from 2021 in fact implemented the ruling of the Polish Constitutional Court, but established quite a short statute of limitations period of only 30 years. The practical meaning of this regulation is that most of the Jews whose property was nationalized during the period of the communist rule will not be able to file petitions on the issue today, due to the long period of time that has passed since the nationalization of property took place.
In which cases does the Polish law on property restitution not apply?
As a general rule, the law does not apply in cases where the nationalization of property was done through legislation. Although most of the property in Poland was nationalized by government decisions and not by legislation, this legal situation still allows an opening to file a claim for the restitution of Polish Jews’ property in certain cases. Also, in principle, procedures that had already begun before the law came into force should be continued. To the extent that these procedures are postponed due to the change in the legal situation, this may establish grounds for an appeal to super-national courts, such as the Court of Justice of the European Union and the European Court of Human Rights. In addition to the cases mentioned above, there are still cases in which property and assets in Poland have not been expropriated or nationalized. In these cases, the new law does not apply, and in principle it is possible to submit claims for property restitution or compensation.
It is important to note that the law not only excludes the possibility of annulling administrative decisions made 30 years ago or more, but also the right to receive compensation based on the illegality of these decisions. Accordingly, it is very possible that the law will undergo a constitutional attack because of this, either by the Supreme Court in Poland or by a higher European court (such as the Court of Justice of the European Union and the European Court of Human Rights). Also, in cases where the aforementioned channels of action are not possible or relevant, there may be additional legal means to claim property restitution. Another possible way is to file a claim based on international treaties between Israel and Poland, alleging a violation of the property rights of Israelis in light of the new law. This claim may be conducted in a group manner (as a sort of a class action), and be resolved in an international arbitration tribunal. This solution and others may make it possible to overcome the restrictions created by the new law.
The law denying property restitution to Polish Jews – contact an attorney specializing in inheritance and estate law
In this article, we have provided a legal explanation for a question that worries many, regarding the stipulations of the new law in Poland, which greatly limits the possibility of filing a property restitution claim for descendants of Polish Jews. For any additional questions, or for legal advice on the matter, you can contact our office and we will be glad to help. Our law office, in Jerusalem and Tel Aviv, specializes in inheritance and estate law, and in representing probation claims for inheritance and wills in Israel and around the world. Our office represents Jews and Jewish descendants in property restitution claims for Polish Jews and European Jews, while cooperating with leading offices in Poland and other countries.
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