Gov't can implement property settlement with churches

Brno, March 5 (CTK) - The Czech government can implement its property settlement contracts with churches, the Constitutional Court (US) ruled Tuesday, dismissing the opposition Social Democrats' (CSSD) proposal for an injunction against them, court general secretary Ivo Pospisil has told journalists.

The Social Democrats wanted the court to suspend the fulfilment of the contracts with the churches until it decides on the proposed abolition of the entire law on the return of property to churches. The US has ruled that injunction cannot be applied in this type of proceedings.

"The US has dismissed the proposal as it is not a type of proposal for it to handle. Injunction cannot be applied to such cases but only in the case of constitutional complaints," Pospisil said.

From the legal point of view, the initiative aimed against the church restitution law is no constitutional complaint but a proposal.

Nevertheless, the US judges Tuesday pledged to decide on the fate of the entire law as quickly as possible.

"Although the US has dismissed our proposal for an injunction, the court proceedings over the complaints against the state-church property settlement law still continues," CSSD chairman Bohuslav Sobotka told CTK.

He said the US's verdict on the church restitution must be waited for.

"By proposing an injunction we reacted to the arrogant conduct of the cabinet that decided not to wait for the US proceedings' result and to speed up the signing of contracts with the churches involved," Sobotka added.

The disputed contracts related to the financial part of the law under which property confiscated by the Communist regime is to be returned to churches.

The government signed them with 16 churches and religious societies on February 22.

Under the law on return of church property, which the Chamber of Deputies passed last November, churches are to be returned land and real estate worth 75 billion and given 59 billion crowns in financial compensation for unreturned property during the following 30 years. The largest sum, 47 billion crowns, will go to the Roman Catholic Church.

The contract signing on February 22 was in harmony with law, Helena Langsadlova, deputy chairwoman of the junior ruling TOP 09 party, told CTK in reaction to the US's decision Tuesday.

"The passed [church restitution] law must be implemented. The settlement of property relations between the state and churches can no longer be delayed now that the problem remained unsolved for many years," Langsadlova said.

In the past weeks, the US received three proposals to revoke the church restitution law.

The first was tabled by a group of senators organised by the Public Affairs (VV), the second by lawmakers for the CSSD and the third for the Communists (KSCM) with the backing of some Social Democrats.

The court has turned down the second and third proposals for technical reasons, but it will deal with the first.

However, all the complainants will be participants in the court proceedings with all their rights and the opportunity to present their arguments.

Stanislav Balik will be the judge-rapporteur. He said earlier he would deal with the case preferentially.

The decision may be made in a number of weeks or months. However, the verdict may be delayed due to the treason charges the Senate filed against President Vaclav Klaus on Monday in connection with certain controversial steps he has taken. The law binds the US to handle the complaint the most preferentially.

"Undoubtedly, this complaint [against Klaus] will be dealt with first, and then the court will immediately handle the proposal challenging the [church] restitution law," Pospisil said.