The Constitutional Court of the Slovak Republic has upheld the constitutional complaint of Miklós Bosits in a case that has been ongoing for 17 years and is widely regarded as one of the most important legal disputes concerning the legacy of the Beneš Decrees. According to the ruling issued on May 18, 2020,, the proceedings of the Supreme Court violated the right to a fair trial, meaning that the earlier decisions of the lower courts once again remain authoritative in the case.

According to a statement issued by the Komárno-based Keszegh & Puskás law firm, the Constitutional Court instructed the Supreme Court to take into account the earlier judgment of the European Court of Human Rights in Strasbourg and restore the situation prior to the rights violation — in other words, to recognize the Bosits family’s ownership rights.

At the center of the dispute are parcels of land that the Slovak Forestry Enterprise sought to obtain by invoking the Beneš Decrees. The state argued that the properties had not originally been confiscated due to an administrative error and that confiscation could therefore still be carried out retroactively. The Bosits family contested this claim and has prevailed before several courts over the years.

The latest Constitutional Court ruling is particularly significant because it marks the second time that authorities have found the Bosits family’s right to a fair trial had been violated. The first such ruling came on May 18, 2020, when the European Court of Human Rights determined that their rights had been breached. Despite this, the Slovak Supreme Court later issued a contradictory decision, prompting a new constitutional complaint.

Attorney Tünde Keszegh discussed the details of the case in an earlier Hungarian-language podcast, available here:

The Bosits Case – Podcast with Tünde Keszegh and webinar: “Watch HHRF interview with investigative reporter Gabor Czimer for a deep dive on the ongoing land grabs in Slovakia (December 2, 2024 – 50 minutes)”

The ruling cannot, however, be considered a complete victory. The Constitutional Court did not address the core issue and argument raised by the Bosits family that the application of Decree No. 104/1945 of the Slovak National Council — one of the legal measures commonly associated with the Beneš Decrees — itself violates fundamental human rights when applied today.

As a result, Slovakia still lacks a Constitutional Court ruling that substantively examines whether the contemporary judicial application of the Beneš Decrees is unconstitutional.

The Bosits case therefore represents both an important legal success and a reminder that the legal legacy of post–World War II decrees remain a sensitive and unresolved issue in Slovakia.

Additional resources on hhrf.org

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