Transitional Justice In Poland

Author : Frances Millard
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 54,6 Mb
Release : 2021-01-14
Category : History
ISBN : 9780755601349

Get Book

Transitional Justice in Poland by Frances Millard Pdf

In this study of the mechanisms of transitional justice in Poland, Frances Millard asks: How does society come to terms with its past? How should it punish the perpetrators of oppression and acknowledge its victims? In the former communist countries of Central and Eastern Europe the task of answering these questions came down to the need to eliminate the communist parties' hold over the state, the economy and society in order to move towards democracy. Millard argues that the key step in achieving this was uncovering the truth about the previous regime's past, prosecuting the perpetrators of past crimes and providing compensation and restitution for its victims. Through the specific case of Poland, Millard provides a comprehensive assessment of the mechanisms and institutions used to achieve this, such as lustration, law enforcement through a Constitutional Tribunal and institutions dedicated to dealing with the past such as the Institute of National Remembrance. Crucially, these processes have assumed new significance in recent years after the Law and Justice Party came to power in 2015, using transitional justice as a tool of political control which has enabled the restructuring of Polish democracy.

Author : Thomas Kasper
Publisher : Unknown
Page : 464 pages
File Size : 45,6 Mb
Release : 2020-04-06
Category : Electronic
ISBN : 3835336517

Get Book

Wie der Sozialstaat digital wurde by Thomas Kasper Pdf

Author : Magnus Brechtken,Wladyslaw Bulhak,Jürgen Zarusky
Publisher : Unknown
Page : 372 pages
File Size : 42,5 Mb
Release : 2019-09-02
Category : Electronic
ISBN : 3835335618

Get Book

Political and Transitional Justice in Germany, Poland and the Soviet Union from the 1930s to the 1950s by Magnus Brechtken,Wladyslaw Bulhak,Jürgen Zarusky Pdf

Author : Aleksandar Fatic,Klaus Bachmann,Igor Lyubashenko
Publisher : Rowman & Littlefield
Page : 249 pages
File Size : 47,8 Mb
Release : 2018-11-26
Category : Political Science
ISBN : 9781786605900

Get Book

Transitional Justice in Troubled Societies by Aleksandar Fatic,Klaus Bachmann,Igor Lyubashenko Pdf

This book discusses the crucial strategic topic for the practical implementation of transitional justice in post-conflict societies by arguing that the dilemma is defined by the extent to which the actual achievement of the political goals of transition is a necessary condition for the long-term observance and implementation of justice. While in many cases the ‘blind’ criminal justice does not enhance, and even militates against, the achievement of political transitions, an understanding of transitional justice as a fundamentally political process is novel, controversial and a concept which may shape the future of transitional justice. This collection contributes to developing this concept both theoretically and through concrete and current case studies from the worlds most pronounced crisis spots for transitional justice.

Author : Lavinia Stan,Nadya Nedelsky
Publisher : Cambridge University Press
Page : 357 pages
File Size : 50,5 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781107065567

Get Book

Post-Communist Transitional Justice by Lavinia Stan,Nadya Nedelsky Pdf

Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.

Author : Roman David
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 42,9 Mb
Release : 2011-09-21
Category : Political Science
ISBN : 9780812205763

Get Book

Lustration and Transitional Justice by Roman David Pdf

How do transitional democracies deal with officials who have been tainted by complicity with prior governments? Should they be excluded or should they be incorporated into the new system? In Lustration and Transitional Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. While the Czech Republic approved a lustration (vetting) law based on the traditional method of dismissals, Hungary and Poland devised alternative models that granted their tainted officials a second chance in exchange for truth. David classifies personnel systems as exclusive, inclusive, and reconciliatory; they are based on dismissal, exposure, and confession, respectively, and they represent three major classes of transitional justice. David argues that in addition to their immediate purposes, personnel systems carry symbolic meanings that help explain their origin and shape their effects. In their effort to purify public life, personnel systems send different ideological messages that affect trust in government and the social standing of former adversaries. Exclusive systems may establish trust at the expense of reconciliation, while inclusive and reconciliatory systems may promote both trust and reconciliation. In spite of its importance, the topic of inherited personnel has received only limited attention in research on transitional justice and democratization. Lustration and Transitional Justice is the first attempt to fill this gap. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in government, reconciliation, and collective memory.

Author : Cynthia M. Horne,Lavinia Stan
Publisher : Cambridge University Press
Page : 441 pages
File Size : 53,5 Mb
Release : 2018-02-22
Category : History
ISBN : 9781107198135

Get Book

Transitional Justice and the Former Soviet Union by Cynthia M. Horne,Lavinia Stan Pdf

A comprehensive overview of the efforts of state and non-state actors in the former Soviet Union to redress the past.

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
Page : 263 pages
File Size : 41,6 Mb
Release : 2022-11-11
Category : Law
ISBN : 9780429998836

Get Book

Constitutionalizing Transitional Justice by Cheng-Yi Huang Pdf

This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

Author : Cynthia M. Horne
Publisher : Oxford University Press
Page : 400 pages
File Size : 52,9 Mb
Release : 2017-04-14
Category : Political Science
ISBN : 9780192511799

Get Book

Building Trust and Democracy by Cynthia M. Horne Pdf

This volume explores the effects of transitional justice measures on trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union over the period 19892012. The author argues that transitional justice measures have a differentiated impact on political and social trust-building, supporting some aspects of political trust and undermining other aspects of social trust. Moreover, the structure, scope, timing, and implementation of transitional justice measures condition outcomes. More expansive and compulsory institutional change mechanisms register the largest effects, with limited and voluntary change mechanisms having a diminished effect, and more informal and largely symbolic measures having the most attenuated effect. These differentiated and conditional effects are also evident with respect to transition goals like supporting democratic consolidation and reducing corruption, since these goals respond differently to the mixtures of institutional and symbolic reforms found in transitional justice programs. The author develops an original transitional justice typology in order to test hypotheses linking trust-building and transitional justice across twelve cases in the post-communist region. The resulting new datasets allow for a quantitative examination of the relationship between different types of transitional justice programs and a range of possible state building and societal reconciliation goals, including political trust-building, social trust-building, democratization, the strengthening of civil society, the promotion of government effectiveness, and the reduction of corruption. Comparative case studies of four transitional justice programs-Hungary, Romania, Poland, and Bulgariadraw on field work, primary and historical documents, and interview materials to explicate trust-building dynamics, with particular attention to regime complicity challenges, historical memory issues, and communist legacies. Oxford Studies in Democratization is a series for scholars and students of comparative politics and related disciplines. Volumes concentrate on the comparative study of the democratization process that accompanied the decline and termination of the cold war. The geographical focus of the series is primarily Latin America, the Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia. The series editor is Laurence Whitehead, Senior Research Fellow, Nuffield College, University of Oxford.

Author : Lavinia Stan
Publisher : Routledge
Page : 372 pages
File Size : 43,8 Mb
Release : 2009-01-13
Category : Law
ISBN : 9781135970987

Get Book

Transitional Justice in Eastern Europe and the former Soviet Union by Lavinia Stan Pdf

During the last two decades, the countries of Eastern Europe and the former Soviet Union have attempted to address the numerous human rights abuses that characterized the decades of communist rule. This book examines the main processes of transitional justice that permitted societies in those countries to come to terms with their recent past. It explores lustration, the banning of communist officials and secret political police officers and informers from post-communist politic, ordinary citizens’ access to the remaining archives compiled on them by the communist secret police, as well as trials and court proceedings launched against former communist officials and secret agents for their human rights trespasses. Individual chapters explore the progress of transitional justice in Germany, the Czech Republic, Slovakia, Poland, Hungary, Romania, Bulgaria, Albania, Slovenia and the successor states of the former Soviet Union. The chapters explain why different countries have employed different models to come to terms with their communist past; assess each country’s relative successes and failures; and probe the efficacy of country-specific legislation to attain the transitional justice goals for which it was developed. The book draws together the country cases into a comprehensive comparative analysis of the determinants of post-communist transitional justice, that will be relevant not only to scholars of post-communist transition, but also to anyone interested in transitional justice in other contexts.

Author : Pablo De Greiff,Alexander Mayer-Rieckh
Publisher : SSRC
Page : 568 pages
File Size : 45,7 Mb
Release : 2007
Category : Law
ISBN : 9780979077210

Get Book

Justice as Prevention by Pablo De Greiff,Alexander Mayer-Rieckh Pdf

Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

Author : Ignacio Czeguhn,Jan Thiessen,Vittoria Calabrò,Bronisław Sitek,Albert Pielak,Miho Mitsunari,Jose Antonio Perez Juan,Antonio Sánchez Aranda,Ramón M. Orza Linares,Gerhard Kemp,Claudia Vanoni,Samuel Salzborn,Benjamin Lahusen
Publisher : Duncker & Humblot
Page : 214 pages
File Size : 47,7 Mb
Release : 2023-12-19
Category : Law
ISBN : 9783428585793

Get Book

Dictatorship, Democracy, and Transitional Justice in Global Legal History by Ignacio Czeguhn,Jan Thiessen,Vittoria Calabrò,Bronisław Sitek,Albert Pielak,Miho Mitsunari,Jose Antonio Perez Juan,Antonio Sánchez Aranda,Ramón M. Orza Linares,Gerhard Kemp,Claudia Vanoni,Samuel Salzborn,Benjamin Lahusen Pdf

The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.

Author : Liviu Damşa
Publisher : Springer
Page : 311 pages
File Size : 53,6 Mb
Release : 2017-01-03
Category : Law
ISBN : 9783319485300

Get Book

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe by Liviu Damşa Pdf

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

Author : Aleks Szczerbiak
Publisher : Routledge
Page : 206 pages
File Size : 51,9 Mb
Release : 2018-01-31
Category : History
ISBN : 9781317580188

Get Book

Politicising the Communist Past by Aleks Szczerbiak Pdf

Poland is a particularly interesting case of truth revelation and transitional justice in a post-communist country. This is because of the radical change of trajectory in its approach to dealing with the communist past, and the profound effect this had on Polish politics. The approach moved from 'communist-forgiving' in the early 1990s, to a mild law vetting individuals for their links with the communist-era security services at the end of the decade, through to a more radical vetting and opening up of the communist security service files in the mid-2000s. This book examines the detail of this changing approach. It explains why disagreements about transitional justice became so prominent, to the extent that they constituted one of the main causes of political divisions. It sets the Polish approach in the wider context of transitional justice and truth revelation, drawing out the lessons for newly emerging democracies, both in Eastern Europe and beyond.

Author : Jon Elster
Publisher : Cambridge University Press
Page : 128 pages
File Size : 41,6 Mb
Release : 2006-05-08
Category : Political Science
ISBN : 1107320534

Get Book

Retribution and Reparation in the Transition to Democracy by Jon Elster Pdf

The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.