92000E1948

WRITTEN QUESTION P-1948/00

by Antonio Tajani (PPE-DE) to the Commission

(7 June 2000)

Subject: Restitution of real property expropriated by the Yugoslavian Communist regime

Slovenian law provides at present that real property expropriated by the Communist regime must be restored to its rightful owners or their heirs and successors.

Under that law only persons who were Yugoslavian citizens at the date of expropriation are deemed to be entitled to such restitution.

As a result, all persons who did not have Yugoslavian citizenship at that time are barred from restitution, even though they are Italian citizens or nationals of other Community Member States.

Objective discrimination of this kind based on a citizenship requirement for recognition of the right to the restitution of expropriated property is clearly in breach both of the general principles of international law and of the specific Community rules prohibiting discrimination against individuals on grounds of nationality in the exercise of their property rights.

Can the Commission state:

- whether, during the negotiations in progress between the Community and the Republic of Slovenia with a view to an association agreement with the latter, an item has been placed on the agenda requiring the removal from the Slovenian legal system of all discrimination against European citizens in the implementation of the procedure governing the restitution, in kind or equivalent, of real property expropriated by the Yugoslavian Communist regime?

- if this issue is already the subject of negotiations, what stage has been reached in those negotiations?

Answer given by Mr Verheugen on behalf of the Commission

(4 July 2000)

The accession negotiations embrace all areas of Community legislation and policy, that is the acquis, which each applicant will have to adopt and implement fully by the time of accession to the Union. Property restitution is not covered by the acquis and the matter is not currently being dealt with in the accession negotiations.

The Commission is following the developments with regard to restitution of property in the context of its bilateral relations with Slovenia. This issue has recently been raised at the last meeting of the Community-Slovenia Association Council held in Luxembourg on 14 June 2000 where the Commission recommended to Slovenia to speed up the process of property restitution and to clarify the legal situation in this respect.