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AfD politician: Poles are land-stealing n*ggers [130]
the last time in 2006
If you mean 2006 Anna Fotyga's written reply to a parliamentary interpellation, then it was most certainly not - by any means - a binding confirmation of the 1953 so-called reparations waiver.
First of all, a ministerial answer to an interpellation:
1. is not an international agreement,
2. is not a unilateral act of state with binding effect,
3. creates no new obligations for Poland.
It is merely an informational document, not a legal act. Therefore it cannot "confirm" any international waiver, especially if the waiver was illegal to begin with, and
it was, like I explained.
Also, The Minister of Foreign Affairs has no constitutional competence to bind the state unilaterally. According to the Polish Constitution (both 1997 in force in 2006, and historical doctrine): the FM cannot unilaterally issue binding declarations of renunciation of claims. Any act that would waive or reconfirm international claims must be done through an international treaty or an explicit Council of Ministers resolution (uchwała RM) authorizing such a position.
The 2006 reply had none of these features.
Also, The 2006 statement did not use the legal form of an "act of state" A binding unilateral declaration in international law (per ICJ jurisprudence, e.g. Nuclear Tests Cases) must:
- be made publicly,
- be intended to create legal consequences,
- use clear and formal language,
- be issued by an official empowered to bind the state.
The 2006 reply was:
- not public in the sense of international fora,
- not intended as a legal act,
- drafted as an internal parliamentary answer,
- lacking any formula indicating creation of obligations.
Thus it cannot qualify as a binding unilateral act.
And the 2006 restatement did not repeat the waiver itself - only an interpretation of history
Fotyga's statement
did not say: "Poland hereby confirms the 1953 waiver." It merely stated that, according to the Ministry's interpretation, the 1953 waiver was "unambiguous" in Polish legal doctrine. This is a historical and doctrinal claim, not a legal confirmation.
A restatement of an interpretation is not a restatement of a legal act.
In addition,
there was no publication in the Journal of Laws (Dziennik Ustaw). Any act binding Poland internationally must be published in the
Dziennik Ustaw, or recorded in the
Monitor Polski, depending on the type of act.
The 2006 reply was published nowhere in the state legal publications - another indication that it was not intended as a state act with legal force.Not to mention that International law requires a state waiver or its confirmation to be formally communicated to the other state. The 2006 reply was not delivered to the German government or any international body.
Without communication, no international legal effect is created.Don't forget that the same government (PiS, 2005-2007) later supported studies on reparations, argued publicly that Germany might still owe compensation, and did not close the discussion internally. This inconsistency
undermines the argument that the 2006 reply was intended as a conclusive, binding reaffirmation.
To sum up:
1. The "waiver" had no normative force.
2. The FM had no authority to bind Poland.
3. It lacked the legal form of a unilateral act.
4. It restated an interpretation, not the so-called waiver itself.
5. It was not published officially.
6. The 1953 "waiver" remains legally contested.
7. The government later showed no intent to treat the issue as closed.
8. No diplomatic communication was made.
So, why not accept the fact that the case for reparations is not legally closed and finally close it properly with binding statements from both sides?
Why not negotiate and agree to a form of reparations, even if merely symbolic, with Tusk - the most pro-German Prime Minister in Polish history?
Why the stubborn refusal to even talk?
If this is not settled today by civilised governments of Germany and Poland, then tomorrow - when AfD and PiS are likely to rule our respective countries - it may blow up in our faces.
Put that in your pipe and smoke it, Tacitus.