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European Jewish Association asks President Duda to defer final decision on Holocaust law until meeting takes place, explores legal challenge at Polish Constitutional court

European Jewish Association (EJA) Chairman Rabbi Menachem Margolin has written to Polish President Duda asking him to defer any final decision on new laws passed at the weekend in the House and approved last night by the Senate with regards to the Holocaust and designation of concentration camps until a meeting with Jewish leaders takes place.

Rabbi Margolin also said that if all attempts at reasoning failed, the European Jewish Association would mount a legal challenge to the legislation in Poland’s Constitutional court, as it did when it won a ruling against Polish legislation affecting Kosher slaughter.  In a statement Rabbi Margolin said,

“It is with deep regret that I must write to the President of Poland and record the insult caused to the memory of those who died though this clumsy, ill thought out legislation. I have urged President Duda to defer any final decision on ratifying the legislation until at least having met with me and a delegation of Jewish leaders.

“I also note that despite being a member of the IHRA, Poland has yet to adopt formally the definition of Anti-Semitism Lithuania, Germany, Austria, Romania and the United Kingdom have formally adopted the definition. Given the damage being done to Polish-Jewish relations because of the bill, we believe that Polish adoption of the IHRA definition would assuage some of the concerns being expressed by European Jewry when it comes to Poland. 

“However, if reasoning and dialogue fails, the EJA will, as we successfully did in the past on efforts to ban Kosher slaughter, challenge this matter to Poland’s Constitutional court.”

Rabbi Margolin has also written to the heads of all the EU Institutions: Council President Tusk, Commission President Juncker, Justice Commissioner Jourova and European Parliament President Tajani, asking them to reprimand the Polish government.  “It seems inconceivable that an EU Member State can be permitted to, in such a crass way, wash its hands of what happened by slapping draconian legislation that threatens to imprison people for holding an alternative view, in this case, a majority of European Jews”, said Margolin. 

EJA had received the following letter from the Federal Chancellery of Austria:

Dear Sir/Madame,

I hope this message finds you well. 

The 8^th of May 1945 marked the end of the Second World War in Europe and the end of the Nazi reign of terror in Austria. While looking back at the darkest chapter in Austria‘s history, the 8^th of May also represents a day of liberation and joy.

Chancellor Sebastian Kurz and Vice Chancellor Heinz-Christian Strache spoke at today’s commemorative event, emphasizing that remembrance must be followed by concrete action. Austria has a special responsibility in the fight against antisemitism and in safeguarding Jewish life in Europe, Israel and in the rest of the world. The first ever agreement of the EU countries to decisively fight antisemitism which Austria managed to reach during its Presidency, was an important step into the right direction.

“My generation is probably the last one that is able to speak to holocaust survivors. In this context, I fully support the proposal to give all secondary students in Austria the possibility to visit the Mauthausen memorial at least once in their lifetime,” so the Chancellor.

Vice-Chancellor Heinz-Christian Strache also underlined Austria’s commitment to remembrance on such a significant day: “The Shoah was the most horrible and vicious manifestation of the Nazi terror regime. I bow my head to all those who became victims to this gruesome and cruel time in our history.”

Austria has been cooperating actively with the memorial Yad Vashem over the past decades. Since the year 2000, around 800 Austrian teachers participated in seminars/courses at the memorial to improve the curricula of Austrianstudents, and last year, as Austrian Federal Government, we contributed 1 Million Euros to the construction of the Shoah Heritage Campus. 

To further strengthen this relationship, today Chancellor Sebastian Kurz has signed on behalf of the Austrian Federal Government an archival agreement with Yad Vashem. The agreement will give historians from Austria and Israel the opportunity to access their respective archives and conduct their research. We are firmly committed to make sure that no individual story will ever be forgotten.

Feel free to come back to me at any time in case of further inquiries or comments.

Kind Regards,
Peter Launsky-Tieffenthal

Federal Chancellery of the Republic of Austria

Spokesperson of the Federal Government

Ambassador

Peter Launsky-Tieffenthal

EJA Chairman, Rabbi Menachem Margolin had reply to the letter:
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