The Slovenian Association of former Owners of Expropriated
Property (SAFOEP) is an organization of civil character with 6,000
registered members. Since its establishment in 1989, it has
represented the citizens of the Republic of Slovenia and Slovenians
living abroad who were deprived of their property during the
communist totalitarian regime and their rightful clairns for the
recovery of unjustly expropriated property.
Since the adoption of the Denationalization Act (DA) on 7th
December, 1991, SAFOEP has endeavored to achieve consistent and
accelerated implementation of this fimdamentat transitional law and
the preservation of its integrity. Almost 40,000 claims filed for
the return of property reflect the vital interests of 200,000
former owners, their families and heirs.
Prior to the third debate on the Proposed Law on Modifications
and Amendments of the Denationalization Act (EPA -- 1644) in the
National Assembly of the Republic of Slovenia, (SAFOEP)
DECLARES:
- The proposed EPA - 1644 Law is the last in a series of
attempts by the ideological heirs of the former conununist
totalitarian system and users benefiting from property stolen in
the past to obstruct the implementation of the Denationalization
Act by drastically modifying it and introducing the review of final
denationalization decisions which encroach upon the legal security
of citizens and their vested rights.
- The currently applicable Denationalization Act fully protects
the rights of current owners (Article 16 of the Denationalization
Act), the lessees of denationalized apartments (Article 29 of DA,
and Articles 125 and 150 of the Housing Act) and the lessees of
business premises (Article 24 of DA) "who have acquired property
in good faith" or "who have leased property in good faith." These
provisions conform to Article 10 of the Council of Europe
Resolution 1096. Council of Europe
Resolution 1096
- Six years after the adoption of DA and three years after the
deadline for its full implementation, the Proposed Law on
Modifications and Ainendments of the Denationalization Act (EPA -
1644) is in the third and final debate in the National Assembly.
The proposed law introduces major changes which will have a
negative effect on the return of property, mandates that the
lessees of apartments and business premises be parties in the
process, introduces a number of additional administrative
procedures whose sole purpose is to further complicate matters and
defer the rendering of denationalization decisions. The extension
of already expired terms will make possible the reversal of final
denationalization decisions and the reopening of procedures to the
broadest possible extent which will undoubtedly result in an
enormous number of new administrative and legal proceedings whose
completion may be expected sometime in the next millennium.
- The Proposed EPA - 1644 follows three consecutive moratoriums
on the return of expropriated property, which in the period from
1995 to 1998 have almost completely arrested the resolution of
denationalization claims. The incredible media propaganda against
the full implementation of the Denationalization Act is supported
by disinformation, lies and fabrications of all kinds which are being
relentlessly spread among the citizens of Slovenia by the obdurate
opponents of denationalization. These long-time users of
unlawfully acquired property are presented as the "Victims of the
denationalization process", the process which supposedly is creating new
injustices.
No mention is made of all the personal and family tragedies
that accompanied the wild expropriation of property in the
aftermath of World War II, when the communist authorities expropriated legal owners through denial of all standards of civilized
world, resorting to crimes and even genocide, to establish a Soviet republic
on Slovene soil -- their ultimate objective.
- It is with grave concern that the promoters of EPA - 1644 are
acting in diametrical opposition with the Council of Europe
recommendations set forth in its Resolution 1096. When Council of
Europe Resolution 1096 was adopted on 27 June, 1996, it was
concealed from the Slovenian public until November 1997. This
shows that the opponents of denationalization are disingenous in
their apparent efforts seeking admission of Slovenia to the
European Union while in reality they are doing everything to
disqualify it and prevent its integration in the European
community.
The steady stream of human rights violations in the process of
restituting unlawfully expropriated property, the fierce attacks on
the Constitutional Court of the Republic of Slovenia as the supreme
guardian of the rule of law, instigation of hatred and intolerance
in contravention of Article 63 of the Slovenia's Connstitution,
and incessant campaign spreading slanders and lies are the sad
reality of present-day Slovenia, which experiences an unrestrained
growth of crime, drug addiction, unemployment, poverty, legal
insecurity, and all forms of violence. Is this the
'transformation of heart and mind", the "transformation of thought"
in dismantling former communist totalitarian systems recommended by
Resolution 1096, to which the Republic of Slovenia acceeded in
1996?
- Proceeding specifically from the Constitutional Court
Decisions Nos. UI-107/96, UI-121/97 and UI-200/97, Council of
Europe Resolution 1096 of 27 June, 1996, the applicable
Denationalization Act (DA 1991), the Constitution of the Republic
of Slovenia and all the constructive efforts of Slovenian citizens
for admission to the union of democratic states -- the European
Union, we are renewing our appeal on all the deputies of the
National Assembly to
- REJECT IN ITS ENTIRETY the Proposed Law on Modifications
and Amendments of the Denationalization Act (EPA - 1644) at its
third debate as this is in the best interest of of Slovenia as a
state governed by the rule of law
- INSTRUCT the executive authorities of the Republic of
Slovenia, as directed by the Constitutional Court (UI-200/97), as
follows:
"The Government of the Republic of Slovenia, its
ministries and administrative units shall without delay do all in
their power to accelerate and complete as soon as possible the
denationalization process as a priority phase in the ownership
transformation of socially owned property in accordance with the
Denationalization Act currently in effect."