Lastenausgleich

Between 1939 and 1948, millions of Germans had lost most or all of their property due to bombings from Allied attacks or expulsion from their homes outside of Germany; others lost all their wealth due to currency reform.^[1] More than ten million Germans had been expelled from Eastern Europe alone.^[2] Those impoverished by or from the war argued for a Lastenausgleich: that West Germany must equally divide the burden of the war by confiscating 50% or more of the surviving wealth from those "undamaged" by the war and redistribute it among the war-damaged, restoring the pre-war distribution of wealth and, by extension, moral order.

Proponents of a Lastenausgleich argued that all Germans constituted a "community of risk" who had fought the war together, would have enjoyed victory together, and therefore should experience defeat together. August Haußleiter, a politician with the Christian Social Union (CSU), argued that a Laustenausgleich would create a new social order and would return the social society that property ownership that failed to provide.^[1] The left-wing of the CSU argued that the war-damaged had suffered undeserved and unusual treatment that raised their concerns of a higher status than the typical welfare-seeker.

Politicians of communist East Germany were not compelled by these arguments. They argued that all Germans were human beings but that the war-damaged did not have any special claims to a Lastenausgleich or rights beyond that of any East German citizen.^[1]

The Finnish law of 1945 that made restitution to Karelians was the only case law studied in preparation for the Laustenausgleich law enactment.^[3]

At the same time as arguments for a Lastenausgleich law, the German courts and legislature were highly recalcitrant to implementing a method of restitution for Jews whose property had been seized.^[2] The law's original intention was stated as compensating only expelled German Volkszugehörige (ethnic Germans).^[4] In 1939, the Reich Ministry of the Interior had explicitly banned German Jews from claiming to be Volkszugehörige and identified Jews as "people of alien blood".^[4] Some German Jews made claims under the German Restitution Laws, namely the Bundesgesetz zur Entschädigung für Opfer der nationalsozialistischen Verfolgung (BEG), which went into effect in 1953.^[4] Jews who had moved to Israel or the West were eligible to claim compensation under the BEG provided they met the so-called expellee criteria - the same cultural and linguistic features as ethnic Germans who made BEG claims.^[4] The German government had seemingly assumed that only a small number of German Jews would be eligible for BEG payments under these criteria, but underestimated the extent to which German Jews identified as Germans and that German was used as a language at home prior to the war.^[4]

The restitution of German Jews was also a provision of the Luxembourg Agreement between West Germany and Israel, signed in 1952.^[4]