Skutki ustawy S.447 przyjętej przez Kongres Stanów Zjednoczonych w dniu 12 grudnia 2017 r. pt. Justice for Uncompensated Survivors
Today (Sprawiedliwość dla pozostałych przy życiu
ocalonych w dzisiejszych czasach)
Consequences of the United States Congress’s Act of 12th December 2017, titled the Justice for Uncompensated Survivors Today – S.447
Author(s): Cezary MikSubject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: property; nationalisation; reprivatisation; USA; World War II; Jews
Summary/Abstract: Despite the fact that the Act S.447 is an act of American domestic law, it is important for United States’ foreign policy towards covered countries. Its specific repercussion are difficult to predict. The Act contains a negative assessment of the Polish legislation and its execution within restitution of properties nationalised during the period of the Holocaust and within the provisions regarding nationalisation issued by communist authorities after 1944, in the context of targets and assumptions of the Holocaust Era Assets Conference 2009. The currently binding Polish legislation, as well as administrative and judicial practice do not meet criteria set out in the Act S.447. Despite that critical assessment, a satisfaction from Poland’s property which is situated on USA’s territory, is impossible due to judicial and execution immunity applying to that property.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2018
- Issue No: 58
- Page Range: 199-209
- Page Count: 11
- Language: Polish
