Surprising offer from the Prince of Liechtenstein Foundation to the Czech state: a modern Cooperation Model (ppp) could end all disputes – restitution or compensation would be off the table. Natural and cultural heritage would profit immediately and immensely.
The Prince of Liechtenstein Foundation responds to the numerous questions from the Czech media in regards to the public appearances of the Czech President Petr Pavel after his meeting with the Hereditary Prince Alois of Liechtenstein, which took place at the United Nations General Assembly in New York. In recent days, President Pavel has repeatedly expressed that, based on the conciliatory proposal of the Foundation, presented to him by the head of the Liechtenstein state, he welcomes an out-of-court agreement between the two parties.
First, let us remind ourselves that:
- The Prince of Liechtenstein Foundation is the universal heir to the property of the reigning Prince Franz Josef II. It is a private legal entity formed under Liechtenstein law that owns and manages part of the property of the ruling family. Reigning Prince Hans Adam II and Hereditary Prince Alois have a special responsibility for this foundation. The latter is also acting Head of State.
- The assets of Liechtenstein citizens in the Czech lands remain seized by the state without compensation. This contravenes international law, according to which no alien property could be taken without compensation.
- Liechtenstein was a neutral country during the Second World War and never challenged the Benes Decrees. But nevertheless the Czech side so far only concluded agreements with other neutral and allied countries whose citizens fell victim to the misapplication of the Decrees like the Liechtensteiners.
- Prince Hans Adam II never wanted to take the Czech state to court. He always held that it is possible to find a solution beneficial to both parties – economically, socially and from the point of view of the preservation of cultural and natural heritage. His attitude was supported by promises given by the post-November 1989 politicians.
- It was in fact the Czech Republic who in 2014 sued the Prince of Liechtenstein Foundation which had been registered as owner of a forest near Říčany in regular inheritance proceedings held before the court for Prague 10; until then the forest was registered in the cadastre to Franz Josef II of Liechtenstein.
- Due to the changes made to the Civil Code, the Foundation had to sue the Czech state in more than twenty District Courts in 2018. Otherwise it might have lost its ownership rights by mere passage of time. However, all present proceedings brought about severe violations of fundamental rights. The biased procedures of the Czech courts were in 2023 clearly described by a constitutional judge in his very well-reasoned dissenting opinion to one of the latest judgements of the Czech Constitutional Court.
- In 2020, the government of the Principality of Liechtenstein filed an interstate application against the Czech Republic at the European Court of Human Rights in Strasbourg. The purpose is to protect the fundamental rights of its citizens. In addition to the head of state, the property of over thirty other citizens of Liechtenstein, a neutral country during WW II, was seized without compensation – and this is prohibited by international law.
- The procedure of the Czech authorities is all the more unacceptable, as they still defend the seizure of the property by referring to the citizens of the Principality of Liechtenstein and their head of state as Germans.
- The governments of the Czech Republic have so far felt unable to negotiate any settlement. This stands in a stark – and unacceptable – contradiction to the way how, for example, Austria or Switzerland were treated.
The foundation is for good reasons convinced that Liechtenstein will succeed in Strasbourg. A number of facts support this stance, two of which are worth highlighting:
- It is a most basic, fundamental and undisputed principle of international law that no state can seize property of a neutral foreigner without compensation, and that such seizure must be challengeable in a fair trial by courts empowered to examine all questions of facts and law.
- Already at the Constitutional Court in Brno in 2023 convincing arguments clearly supporting the position of the Prince of Liechtenstein Foundation gained prominent visibility. Constitutional Court judge Uhlíř was outvoted this time, but his well-reasoned dissent is still integral part of the judgment.
The Prince of Liechtenstein Foundation did not go to court for money. Its priority is not to getting awarded due compensation which would amount to roughly 30 – 35 bn CZ Crowns. It has been saying this publicly for many years: we are no Germans, we want justice, we want to take care of the heritage of our ancestors in a sustainable way, we want to contribute to the Czech Republic´s development and the wellbeing of its citizens with our unique know-how, we want to continue the family's care for natural and cultural heritage also in the Czech lands, as we have done for 700 years, and we regard private ownership to be the best means for safeguarding sustainability (especially for forests).
The Prince of Liechtenstein Foundation took note of the fact that this message was not heard. Instead, various Czech administrations took them to court. Proceedings are ongoing now for nearly 10 years. This is not beneficial to either side and even less so to cultural and natural heritage that need ongoing and unimpeded care not blockades for decades.
Therefore, the Prince of Liechtenstein Foundation decided to make a huge step and propose a future-oriented and unique solution.
So, to the questions of the media after the New York meeting of the two Heads of states: what is the conciliatory proposal of the Foundation?
Proposal of the Prince of Liechtenstein Foundation
In order to lay the foundations for a renewed, mutual cooperation, the Prince of Liechtenstein Foundation is ready to completely turn the page and come up with an unprecedented, new proposal for an out-of-court settlement based on these three pillars:
1. No compensation
2. No restitution
3. New cooperation
The Foundation's proposal would envisage this package:
• The Prince of Liechtenstein Foundation waives its ownership claims.
• The Prince of Liechtenstein Foundation waives its claims for compensation
(up to said CZK 30 – 45 bn).
• The Czech Republic and the Prince of Liechtenstein Foundation establish a JOINT COOPERATION FUND/FOUNDATION.
• All rights of ownership of the disputed property are transferred to the aforementioned Fund/Foundation.
• The Czech Republic and the Prince of Liechtenstein Foundation nominate members of the board of directors who will ensure the proper exercise of the Cooperation Fund´s/Foundation´s ownership rights.
• A Princely Foundation will be entrusted with the obligation for responsible management and the right of sustainable use safeguarding the best standards of upkeep for monuments and forests.
The proposed out-of-court settlement would not only resolve "open questions" but it would also enable the Liechtenstein entities, especially the Prince of the Liechtenstein Foundation, to invest in the Czech Republic. The foundation could immediately get involved in the revitalization of the UNESCO World Heritage sites in Lednice and Valtice, for example through cooperation with the Princely Art Collections. The cooperation would, however, range from forestry to education to the support of an economy with higher added value, based on knowledge and research.