Legality of lustration as a tool of transitional justice in post-communist Central Europe

Abstract

In the aftermath of communism, nations of Central Europe have opted for different methods to address their oppressive past. Lustration, i.e., screening of holders of offices in the state administration, has been one of the most well-known practices of this nature. It raised a substantial body of criticism arguing against it as a measure violating rule of law principles applicable in a liberal democracy. What is more important, the use of lustration was one of the factors to ignite a discussion about the role law has in times of political and social transition which resulted in the development of the conceptual framework of transitional justice. This Thesis presents lustration as a mechanism of emerging rule of law in post-communist Central Europe aimed at securitizing fragile democracy and creating new social order committed to democratization. By highlighting the differences existing between law in consolidated and new democracies, it proves the legality of lustration laws in terms of conformity to the rule of law.