Hitler’s Birth House:The Battle Continues

The maximum court decided that the “need is given to the former owner for expropriation” and the request rejected. It considers now the course before the European Court of Justice for human rights.


The expropriation of the birth house of Adolf Hitler in Braunau is not unconstitutional. That decided the constitutional court yard on Friday. The maximum court knows thereby the request of the former owner.  The constitutional court  expressed , “that the  refusal of  national socialism is fundamental and the republic has a special responsibilit in the prevention of neo National Socialist ideas”.

The Hitler birth house had been returned to the former owners in 1952. The republic rented itself however in and used the house for different purposes, last as daily homestead of the life assistance program in upper Austria. They vacated in 2011 , since that time the house stands empty. In the previous year the ministry of the Interior – after futile discussions with the owner – concluded that the expropriation was necessary, in order to be able to exclude a use of the building in the sense of a National Socialist remanipulation.

“Need for expropriation given”

The attorney of the former owner, Gerhard Lebitsch, actually judged the expropriation  law as problematic, also one could not compare this with a normal fair procedure. The VfGH can recognize “no abuse of the law form”, said Holzinger. Also he did not see an injury of the right to property. An expropriation is permissible, if it is required in the public interest. The international-law obligations from the convention of Vienna, which condition-legal prohibition of the National Socialist remanipulation and the historical context of Austria would order to all state organs “a special responsibility” in handling the prevention of National Socialist ideas.

To Hitler’s birth house  is suitable as a kind ““Pilgerstätte” or identification place  of National Socialist ideas to be visited explained Holzinger. The “specific symbol strength” can be lastingly only eliminated, if a profound structural change takes the recognizing value to the object. The state is obligated to even guarantee that abuse cannot take place. That is however possible only if the federation attains the full control over the object. Therefore “the need is given for expropriation”.

The expropriation is not disproportionately, since the goal is guaranteed only by the expropriation of the entire real estate, argues a maximum judge. The republic strove in addition several times unsuccessfully for the purchase of the real estate. The expropriation does not take place also without remuneration. How high the remuneration will be, the Minister of the Interior must specify described Holzinger after negotiations with the legal representatives of the former owner.

Course to the European human right Court of Justice?

Monument protection by the way played no role in this case, as Holzinger to a journalist questions: “Monument protection is not a constitutional category.” “That is a completely singular case” – exeptionally it is permissible, the property transferred to the federation too, in order to fight National Socialist remanipulation. “It is a completely unusual case”, stressed the VfGH president, but the maximum court continued its Judikaturlinie from other cases regarding the national socialism.

Attorney Lebitsch meant, the decision was “to the knowledge to take”. There is now still the possibility of turning to the European Court of Justice for human rights in Strasbourg – he will only discuss with his client, assumes however she wants to select this way.

Sobotka: “Responsible handling guaranteed”

Minister of the Interior Wolfgang Sobotka (ÖVP) showed up on Friday over the confirmation of the expropriation : “We guarantee that this building can  never go into the wrong hands t and to a Pilgerstätte for eternal-of yesterday”.

“The discussion around the house has now accompanied us for decades,” he said, “it was a matter for him to create clarity here in order to enable a responsible approach to our history,” emphasized Sobotka.

Now there is the possibility to examine plans to enable “responsible and sustainable use”. In this regard, one would vote closely with the regional head of the Austrian capital and the mayor of Braunau, Sobotka announced.

Published in: on July 8, 2017 at 11:32 pm  Comments (4)  

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4 CommentsLeave a comment

  1. There is no doubt that the Austrian authorities will assimilate Hitler’s birthplace into their Zionist Correct world view. They will either destroy it completely or turn it into a “deNazification Centre” or a memorial for Jewish people…The masses of Austria will comply with this, and will help in the fulfillment of the plans…The few Losers that are left in the world today will not be able to do anything about this.

    “History is always written by the winners, the history of losers belongs to the decreasing circle of the participants.”

    All Heil The Losers!

  2. I agree but find it heart warming that the current owner is going down swinging and forcing the authorities to jump through legal hoops.
    All Heil the Losers!

  3. That is the whole point, to go down swinging against the billions and billions, the Robotic hordes of Zion…

  4. Amen Bruder!

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