GLENDOWER: I can call spirits from the vastly deep
HOTSPUR: Why, so can I, so can any man. But will they come when you do call for them?
(Henry IV, Act III)
The content of the “footnote” that President Klaus wants to introduce in the Lisbon Treaty has now become somewhat clearer. Apparently he wants an assurance that the Human Rights Charter would not be used as a basis for restoration claims from the Sudeten Germans whose property was confiscated when they were driven out of Czechoslovakia after the World War when the so called Benes Decrees were issued in 1946. It should be noted in this context that people -also foreigners- that were disowned by the communist regime have been very successful with restoration claims in Czechoslovakia.
This is extremely dangerous territory. The issue was, however, thoroughly discussed during the access negotiations with the Czech Republic (and with Slovenia which was in a similar situation.) At one period both Germany and Austria insisted that the Benes Decrees must be revoked before the Czech Republic could become a member. The Czechs, under President Havel, protested vigorously. Finally the German government (Messrs Schröder and Fischer) accepted a compromise in