Current legislative issues and relevant case law regarding compensation for property beyond the Bug river Cover Image

Aktualne zagadnienia legislacyjne i orzecznicze dotyczące mienia zabużańskiego
Current legislative issues and relevant case law regarding compensation for property beyond the Bug river

Author(s): Jan Wittlin
Subject(s): Law, Constitution, Jurisprudence, WW II and following years (1940 - 1949), Transformation Period (1990 - 2010)
Published by: Akademia Leona Koźmińskiego
Keywords: European Court of Human Rights; property left beyond the Bug river; nationalization; denationalization; Polish Constitutional Tribunal; European Court of Justice;

Summary/Abstract: The question of compensation of Polish citizens for their property left beyond the Bug river after the population exchanges is among the most complex social, economical and legal issues resulting from the World War II to be solved by the Polish State. Although more than 70 years have passed since this issue has arisen, it remains the subject of numerous national and European court rulings and legislative actions; the significance of the legal solution of the described issue is bolstered by the fact that it is being treated as a “proving ground” for the broader question of reprivatisation. This article focuses on the current Act of 8 July 2005 which was aimed at providing a final solution for settling the claims. However, during the last few years of this act in operation numerous questions and disputes have arisen leading to more than 600 administrative court and Constitutional Tribunal rulings. The subject of this article will be focused on current controversies regarding the subject including the requirements of residence on the former territory of Poland on 1 September 1939, exclusion of nonPolish nationals who are heirs to property owners from entitlement to compensation and legal consequences of nationalization by Soviet authorities during World War II and its aftermath.

  • Issue Year: 6/2014
  • Issue No: 1
  • Page Range: 479-495
  • Page Count: 17
  • Language: Polish
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