LUSTRATION AS A MECHANISM OF TRANSITIONAL JUSTICE

DILEMMAS AND CHALLENGES

Abstract

The fall of one totalitarian regime and the creation of new
democratic system, among other things, imposes a question regarding the
approach of the new authorities towards the problematic totalitarian past.
One of the most used mechanisms, and at the same time, one of the most
contradictory, in the process of facing the problematic past is the
mechanism of lustration. The subject of this paper will be an analysis of
the mechanism of lustration and the impact the process of lustration is
having on democratic consolidation. The paper attempts to demonstrate
that lustration is a mechanism which, if implemented according to the
recommendations of the Council of Europe, contributes to democratic
consolidation. The main methods being used are: analysis, historical,
normative and political method. The overall conclusion is that although
the process of lustration leaves plenty of space for manipulation, a well
implemented and well regulated lustration which follows the
recommendations of the Council of Europe, has positive impact on
democratic consolidation.