ÚS: Cistercians from Vyšší Brod own lands according to church restitutions

Updates: 12.01.2022 15:09

Brno – The Cistercian abbey of Vyšší Brod is entitled to land in the cadastre of the municipalities of Vyšší Brod and Frymburk in the Český Krumlov region with an area of ​​approximately 2,000 hectares. It won them back in church restitutions between 2016 and 2018, but Lesy ČR filed a set of lawsuits. Although rejected by the Regional Court in České Budějovice, the High Court in Prague came to the opposite opinion and ruled that land was not being issued. Today, the Constitutional Court upheld the Cistercian’s complaints and ruled that their claim to land was justified. He annulled the decision of the High Court.

Although the property was confiscated from the Cistercians on the basis of Beneš’s decrees, it was not until 1948 that, according to Judge Rapporteur David Uhlíř, these decrees served only as a pretext for continuing the property wrongdoing. According to Uhlíř, it is clear that the Cistercians of Vyšší Brod were regular citizens of First Republic Czechoslovakia and did not collaborate with the Nazis, on the contrary. The members of the order were evicted or interned and the Nazis had already confiscated their property. Between 1945 and 1948, there were two attempts at confiscation by the Czechoslovak state, but neither was successful. After 1948, two more confiscation administrative acts were issued according to Beneš’s decrees, and according to the Cistercians, these decisions also show considerable formal defects. “The monastery was the object of religious persecution,” Uhlíř added. The convent building, the abbey and the monastery church were already regained by the Cistercians in 1990.

Uhlíř also stated that, according to settled case law, general courts cannot proceed formally, they must assess cases sensitively and individually. “The rule of law must not create further injustice,” Uhlíř said.

Source: České noviny – hlavní události by www.ceskenoviny.cz.

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