Law No. 212/2000
A C T of 23 June 2000


to mitigate certain property-related injustices caused by the Holocaust and to amend Act No. 243/1992 to regulate certain issues relating to Act No. 229/1991 regulating the ownership of land and other agricultural property as amended by Act No. 93/1992 as amended

The Parliament has passed the following Act of the Czech Republic:


PART ONE

MITIGATION OF CERTAIN PROPERTY-RELATED INJUSTICES CAUSED BY THE HOLOCAUST

Section 1

(1) With a view to mitigating certain property-related injustices suffered between 29 September 1938 and 8 May 1945 by Jewish communities, foundations and associations deprived of their assets in consequence of transfers or devolutions of title annulled by Decree of the President of the Republic No. 5/1945 or by Act No. 128/1946, assets owned by the State on the effective date of this Act that prior to the said annulled transfers or devolutions were owned by Jewish communities, foundations and associations, shall be transferred free of charge to the Federation of Jewish Communities in the Czech Republic or to the Jewish communities in the Czech Republic, with the exception of

(2) Assets in State ownership enumerated in the Schedule to this Act shall be transferred free of charge to the Jewish Museum in Prague not later than 30 days after the effective date of this Act.
 

Section 2

(1) The Federation of Jewish Communities in the Czech Republic shall before 30 June 2002 submit to the Government a list of assets falling within the scope of Section 1, paragraph (1), indicating the parties to whom the said assets are to be transferred free of charge.
(2) The Government shall by a directive indicate assets falling within the scope of Section 1 to be transferred free of charge under paragraph (1), and shall make provision as to the procedures for such transfers.
 

Section 3

(1) Works of art seized between 29 September 1938 and 4 May 1945 from natural persons in consequence of transfers or devolutions of title annulled by Decree of the President of the Republic No. 5/1945 or Act No. 128/1946, owned by the State on the effective date of this Act, shall be transferred free of charge to the natural person who owned them prior to the seizure, and if the natural person has in the meantime deceased, to his/her spouse or to his/her descendants, if the original owner and his/her spouse have in the meantime deceased.
(2) Gratuitous transfers under paragraph (1) shall be effected on the basis of a claim against the party managing the assets concerned under special legislation.
 

Section 4

It is the duty of a party managing, under special legislation, assets owned by the Czech Republic falling within the scope of paragraph (1) to transfer such assets free of charge.
 

Section 5

Any disputes arising from the application of this Part of the Act shall be resolved by the courts.
 
 

PART TWO

Amendment to Act No. 243/1992 to regulate certain issues relating to the Land Act as amended

Section 6
Act No. 243/1992 to regulate certain issues relating to Act No. 229/1991 to regulate the ownership of land an other agricultural property as amended by Act No. 93/1992, Act No. 441/1992, Constitutional Court Finding No. 29/1996 and Act  No. 30/1996, is amended as follows:
1. In Section 2, after paragraph (1), insert new paragraph (2) which runs as follows:
2. „(2) The entitled party shall also be a citizen of the Czech Republic who was deprived of assets falling within the scope of special legislation2) between 29 September 1938 and 8 May 1945 and qualified for claims under Decree of the President of the Republic No. 5/1945 to annul certain property transactions effected in the period of restricted liberties and to impose national administration on the properties of Germans, Hungarians, traitors and collaborators and certain organizations and institutions, or under Act No. 128/1946 to annul certain property transactions effected in the period of restricted liberties and other interference with property, but the property was not restored to such entitled party, nor did he/she receive compensation under the cited legislation although he/she should have been compensated under the cited legislation, nor did he/she receive compensation under international treaties concluded between the Czechoslovak Republic and other States after the Second World War.“.

Paragraphs (2) and (3) are renumbered as paragraphs (3) and (4).
3. In Section 2, paragraph (3), after „in paragraph (1)“ insert „or (2)“.
4. In Section 3, paragraph (1) runs as follows:
„(1) Properties that devolved to the State or any other legal entity in situations stated in Section 2, paragraphs (1) and (2), shall be restored to the entitled parties.“.

4. Section 6, including footnote 5a), runs as follows:
„Section 6
(1) Assets cannot be restituted

(2) The entitled party shall be eligible to receive compensation provided under special legislation.5a) Compensations for assets that cannot be restituted, and the procedures for compensation claims, shall be regulated by special legislation.5)

5a) Section 18a, paragraph (2) of Act No. 229/1991 as amended by Act No. 183/1993.“.
5. In Section 11a, insert paragraph (3) which runs as follows:
„(3) The entitled party falling within the scope of Section 2, paragraph (2), may file a claim for the restitution of property under this Act not later that on 30 June 2001.“.
 

PART THREE

EFFECT

Section 6

(1) The provisions in Part One of this Act shall take effect on the first day of the second month after the date of promulgation.
(2) The provisions in Part Two of this Act shall take effect on the date of promulgation.

Schedule to Act No. 212/2000
Assets owned by the State to be transferred under Section 1, paragraph (2)

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