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La lustration dans les Etats postcommunistes européens

Abstract : The fall of communism in 1989 was a huge challenge for European states who experienced its effects. The new democracies had to face the immense legacy of the past, and had to find a solution on the issue of individuals related to the former regime. In particular, they had to work with those who have worked or collaborated with the communist secret services. Lustration is an original response the Post-Communist States to this phenomenon. It is considered as a measure of transitional justice. Lustration is strictly regulated by laws. They set up procedures to verify the past behavior of persons wishing to pursue employment in the public service of the new democratic State. Therefore, these laws establish a kind of purification of public administration.The lustration procedures are binding because they may violate many rights and fundamental freedoms of the individuals they are targeting. Hence, the importance of the supervision of this phenomenon at different levels: at the national level by the constitutional courts and at the European level by the Council of Europe and the European Court of Human Rights, who has established the standards of lustration to be respected by each State wishing to implement it.
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  • HAL Id : tel-01168284, version 1



Malgorzata Ulla. La lustration dans les Etats postcommunistes européens. Droit. Université d'Auvergne - Clermont-Ferrand I, 2013. Français. ⟨NNT : 2013CLF10418⟩. ⟨tel-01168284⟩



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