Lustration in Romania: The Story of a Failure (original) (raw)

Witch-Hunt or Moral Rebirth? Romanian Parliamentary Debates on Lustration

Lustration was not legislated in Romania to date, but it was discussed by deputies and senators of all ideological persuasions, especially from 2005 to 2007. Declarations delivered in front of the house, interventions during debates of lustration-related draft bills and contributions to a parliament-sponsored public discussion reveal that for Romanian legislators lustration can bring about moral cleansing and a break with the past, provide retributive justice for victims of communism, facilitate elite replacement, prevent future violence, and help countries enjoy the benefits of European Union accession, although it punishes valuable individuals, runs against European values, is impractical and unconstitutional.

Hidden Continuities?: The Avatars of “Judicial Lustration” in Post-Communist Romania

German Law Journal, 2021

This Article grapples with the instrumentalization of the past in Romania, in the specific context of “judicial lustration” measures. It argues that decommunization and lustration policies, which could not be pursued in the immediate aftermath of the collapse of state socialism in 1989, were weaponized much later and used in order to advance other purposes. In 2006, an expedited judicial vetting procedure, in the context of the EU-driven fight against corruption, was repurposed by the center-right as a lustration instrument. In the same year, the dismantling of an intelligence service created after 1991 in the Justice Ministry (SIPA) to monitor ‘vulnerabilities’ in the justice system has set in motion a long series of failed attempts to bring closure to the question regarding the service’s archives, fomenting continuities of suspicion until today. More recently, in 2018, a form of ‘mock-judicial lustration’ has been used by the political left to deflect or at least delegitimize repr...

Explaining lustration in Central Europe: a ‘post-communist politics’ approach

Democratization, 2005

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Memorie negate, verità di stato. Lustrazione e commissioni storiche nella Romania postcomunista

Quaderni storici, 2008

This article deals with the controversial legacy of Communism on historical research and the public debate in Romania, placing it as a case-study into the broader context of post-totalitarian experiences in Latin America, Africa and Europe. Most countries shared a will to rebuild their political community by symbolically condemning crimes and illegal practices of the recent past. State-owned and private memorial institutions," truth commissions" and archives were established, where professional historians and private ...

Late lustration programmes in Romania and Poland: supporting or undermining democratic transitions?

Democratization, 2009

In 2006, Poland and Romania embarked on renewed lustration programmes. These late lustration policies expanded the scope and transparency measures associated with lustration as a form of transitional justice. While early lustration measures targeted political elites, late lustration policies include public and private sector positions, such as journalists, academics, business leaders, and others in 'positions of public trust'. Given the legal controversy and moral complexity surrounding lustration, why lustrate so late in the post-communist transition and why expand the policies? The dominant explanation is that lustration is a tool of party politics and is a threat to democratic consolidation. However, the late lustration programmes do not fit this hypothesis neatly. The new laws have been restructured and packaged with other reform programmes, specifically anticorruption programmes. Late lustration has evolved to include economic and social, as well as political concerns. As such, some post-communist governments in Central and Eastern Europe appear to be trying to use lustration as a way to further the democratic transitions by addressing remaining public concerns about corruption, distrust, and inequality.

Reckoning with the Communist Past in Romania: A Scorecard

During the first two decades following the collapse of the communist regime, Romania has reckoned with the human rights infringements perpetrated from 1945 to 1989 with the help of a range of official and unofficial, judiciary and non-judiciary, backward and forward looking methods pursued by a variety of state and non-state actors. This article summarizes the progress registered to date in court trials, lustration, access to secret files, property restitution, truth commission, rehabilitation of former political prisoners, compensations to victims and their descendants, opinion tribunal, exhumations, rewriting history books, unofficial truth projects, and memorialization.

Dealing with communist past: The case of Romania

Hungarian Studies, 2011

This article analyzes the significance of the activity of the Presidential Commission for the Analysis of the Communist Dictatorship in Romania (PCACDR) and the impact of its report on the basis of which the communist regime was condemned as criminal and illegitimate. The author also situates the Romanian case within the larger discussions on the role of overcoming a traumatic past in post-authoritarian democracies. PCADCR rejected outright the practices of institutionalized forgetfulness and generated a national debate about long-denied and occulted moments of the past. The Commission's Final Report answered a fundamental necessity, characteristic of the post-authoritarian world, that of moral clarity. It set the ground for the revolutionizing of the normative foundations of the communal history, imposing the necessary moral criteria of a democracy that wishes to militantly defend its values.

Introduction: Contemporary Romanian politics

Communist and Post-communist Studies, 2010

Romania is an archetypical case of protracted post-communism. Its regime transition was problematic and its founding election flawed, allowing successor communists to secure their hold on power. A period of quasi-authoritarianism and failed reform followed until critical elections in 1996 brought the liberal opposition to power for the first time. Since that time its political system has stabilized into a pattern in which electoral competition occurs but political accountability is limited and corruption is widespread. The current regime should therefore be considered as consolidated, bearing the marks of the transition period, but unlikely to undergo any further near term dramatic change. Ó 2009 Published by Elsevier Ltd on behalf of The Regents of the University of California.