92000E1048

WRITTEN QUESTION P-1048/00

by Hubert Pirker (PPE-DE) to the Commission

(29 March 2000)

Subject: Unresolved issues of ownership

It is a well-known fact that the confiscation of property without compensation is always a violation of international law. The political significance of these unresolved property ownership questions cannot be resolved by a reference to Article 295 of the EC Treaty.

In the context of the accession negotiations with the Republic of Slovenia, what is the Commission's view of these hitherto unresolved issues, and is it prepared to contribute towards righting this wrong?

Answer given by Mr Verheugen on behalf of the Commission

(2 May 2000)

As indicated to the Honourable Member in reply to his Written Questions E-0697/00 and E-0698/00(1), the process of property restitution in Slovenia was assessed in the light of the Copenhagen political criteria, in the opinion of the Commission on Slovenia's application to the Union and in the subsequent yearly regular reports.

The Commission follows the overall development of this ongoing process in the context of bilateral relations with Slovenia. Sources indicate that of the overall value of claims, 52 % of the total have been restituted.

The accession negotiations embrace all areas of Community legislation and policy, the acquis, which each applicant country will have to adopt and implement fully by the time of accession to the Union. In this respect the Commission underlines that it has no legal competence to intervene directly in the process of restitution of property. This process does not fall under the acquis, since Article 295 (ex Article 222) of the EC Treaty states explicitly that it shall in no way prejudice the rules in the Member States governing the system of property ownership.

As indicated in the answer to the Honourable Member's Written Question P-0664/00(2), the implementation of international instruments on human rights, such as the European Convention on Human Rights, is primarily the responsibility of the relevant international organisations.

(1) See page 18.

(2) OJ C 26 E, 26.1.2001, p. 85.