AN ITALIAN PRECEDENCE
MIROSŁAW PIOTROWSKI
Is there anyone able to bring a conflict between two EU countries?
Walter Ulbricht, the First Secretary of the Unity Party of NRD used to say: ‘Nobody is able to bring a conflict between two socialistic countries’. At that time the harmony in the eastern block was guided by the Soviet Union, which on behalf of the People’s Polish Republic waived damages in 1953 for the Second World War from the socialistic German country. This decision was confirmed by the government of Bolesław Bierut in the form of an internal statement which – in the opinion of experts – had a defect legal character, and what it entails, Poland could apply for damages from Germany. However, so far none of countries let itself be sued to the court of a different country because it was effectively protected by immunity. Last month, however, there appeared a precedence. In Italy the Constitutional Tribunal decided that citizens of this country disadvantaged by Nazis Germany can claim compensations because in the case of military crimes countries are not entitled for immunity. Certainly, Germany should make amends. When a verdict is made in Italy, Germany can evade its execution but the ones at the disadvantage could, for example, take over German estates in Italy, not being under diplomatic immunity, for example, the ones belonging to German Institutes. Similar claims towards Germany have been expressed for a long time by the Greek. It is possible that they will want to base on the EU provisions, allowing for a possibility of claiming one’s rights in another membership country, and will use the Italian precedence. Germany are determined to reject this argumentation and has already sued the Italian statement to the Justice Tribunal in Haga. What is interesting, the whole issue broke out at the moment when Germany finally paid a installment of damages (70 million euro) for the First World War for the sake of France and Great Britain. Now they do not want to think even about other reparations. Can this verdict of the Tribunal in Italy lead to a conflict between two countries or can ask with the mouth of a German communist: is there anyone able to bring a conflict between two EU countries?
AA
„Niedziela” 46/2014