The new fund, frequently asked questions

The UCEI (Union of Italian Jewish Communities), the single Communities and the Jewish institutions are getting a lot of questions and requests for clarification with regard to the new Fund for “the compensation of damage suffered by the victims of war crimes and against humanity crimes, and for the injury of the person’s inviolable rights”: therefore, we intend to clarify some aspects, within the limits offered by the wording of Article 43 of Decree Law n. 36 of 2022, in an attempt to provide answers to the most frequently asked questions received so far.

1. Who can access the Fund?
Two categories of people can access the Fund:
a. a. People who already have a certificate, which is a final judgment that has verified German’s responsibility and has condemned the country for war crimes with the final determination of the amount given as compensation.
b. b. People who bring a court action to obtain compensation for Nazi war crimes no later than 30th May 2022 and who will obtain a final judgment of the Federal Republic of Germany in their favour.

2. If the person who suffered the crime is missing, who can benefit from the Fund?
People who can access the fund, through appropriate judgement, are those who suffered the harmful event and, in the absence of the person concerned, her testamentary or legitimate heirs.

3. How can someone prove to be the heir of the persecuted?
The status of heir must be demonstrated with suitable documentation.
People who succeed one’s death becoming owners of their assets are considered their heirs, according to the ordinary rules of the Italian law (civil code and special laws).

4. Is the access to the Fund a guaranteed right for those who suffered a war crime carried out by Nazi Germany?
People who did not obtain a final judgement in their favour or who started the legal action by 30th May 2022, will have access to the Fund only if they will win the filed lawsuit– or if they reach a settlement with the Italian State – which entails procedural times and legal fees that each person will face for every level of judgment, assuming the risk of the possible dismissal.
Automatic access is not provided with application to obtain a predetermined specified sum. In order to obtain a final judgment, legal proceedings must be initiated leading to the final judgment.
Therefore, the access to the fund is not a simple administrative procedure, but it will be determined by the outcome of the trial based on the procedures that will be issued in the next 180 days, by means of a subsequent Ministerial Decree.

5. What gives you the right to access the Fund?
The Fund will ensure the reparation for war crimes suffered in Italy, or in any case suffered by Italian citizens, carried out by the Third Reich – so by German authorities – during World War II, in the period between 1 September 1939 and 8 May 1945.
The Fund does not cover the crimes committed by fascism.

6. How can you prove you have the right to access the Fund?
The harmful event (such as deprivation of liberty / murder / tortures) must be demonstrated with suitable documentation: the self-declaration and a mere description of the facts do not suffice.
Documents such as affidavit, fake identity cards, etc. can also be redacted during the course of the case according to the rules of the Italian procedural law.

7. Can people who already receive a form of compensation (for example, from Claims Conference, or the pension for merit from the Italian State) access this Fund?
The Decree Law n. 36/2022 does not include an explicit exclusion of the accumulation: the topic may be object of clarification in the implementing ministerial decrees or in the conversion law (to be issued within the end of July) and it will be considered by the court that will examine the merits of the compensation claim. Moreover, it is necessary to be sure that, once obtained a previous compensation, you did not declare to give up every other form of future compensation, since in that case you will no longer be able to access the Fund.

8. Once obtained a favourable judgment, how will the compensation be paid?
If you want to know the way to access the Fund for your compensation to be paid (once determined at the end of the trial) you will have to wait for the implementing Ministerial Decree which should be issued within 180 days.

9. Is the deadline for starting the possible new trial to obtain the compensation definitive?
Please note that the Decree Law n.36 of 30th April 2022, which established the Fund, must be converted into law within 60 days from the publication on the Official Journal that took place on the same day, and until that time it is possible that the provision might be modified.
The UCEI (Union of Italian Jewish Communities) has already taken action through institutional channels to ask the elimination or at least the extension of the deadline to take legal action, which is currently set on 30th May.
At the moment we must refer to the 30th May 2022 deadline, hoping for future changes.

10. Who should people who want to take legal action within 30 May 2022 turn to?
The UCEI cannot represent in court the persecuted people, and not even their heirs; out of general respect it was decided to avoid every preferred indication of specific legal studies to turn to.
At the same time, in light of what has been read in these days on the different social channels and websites, we recommend the utmost caution in deciding who to rely on, to clarify the conditions for granting the power of attorney with the chosen professional beforehand and in written form, to be aware of all the conditions to act, giving due consideration to the complexity and the length of trials, in addition to the amount of court costs.
The UCEI suggests to be wary of promises of free professional performance and of procedural speed, for example for the actual possession of the suitable documentary evidence.
Please remember that the dismissal of the legal proceedings may result in the payment of onerous amounts for legal fees at the expense of the person concerned, up to three degrees of judgment.

Translated by Erika Centazzo and revised by Francesca Angelucci, students at the Secondary School of Modern Languages for Interpreters and Translators of the University of Trieste, interns at the newspaper office of the Union of the Italian Jewish Communities – Pagine Ebraiche.