Reference:
Di Gregorio A..
Vetting in Post-Authoritarian Societies:
a Proposal of Classification from the Point of View of Comparative Law
// Conflict Studies / nota bene. – 2014. – ¹ 1.
– P. 7-27.
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Abstract: The aim of this article is to describe the so-called «vetting», within the framework of
transitional justice policies. In order to do that, it is first necessary to answer a series of preliminary
questions.In general we talk about post-authoritarian justice (term which I do prefer to others, like transitional
justice), dealing with the past, coping with the past, but also «militant democracy». The latter
is a concept not usually employed in writing on these matters but, as I will explain, still very pertinent to
the issue. In fact, I consider necessary to highlight the relation between vetting and protection of democratic
legal order. Vetting is only one of the transitional justice measures, aimed at removing from public
life representatives of the leadership and management of the old authoritarian regime (political élite,
administrators).The definition and the meaning are not the same in other languages. The methodological
basis of the research is a systematic, structural-functional, comparative approaches, methods of analysis,
synthesis, induction, deduction, observation. Main results of this article: 1. Linguistic and definition
problems: vetting in the framework of post-authoritarian justice; 2. Transition to democracy: a record;
3. A brief history of vetting; 4. Circulation of models and comparison between countries and areas;
5. The phenomenon of lustration in post-communist Europe; 6. Conclusion: vetting as a protection of
democracy.
Keywords: Konfliktologiya, politika, pravo, post-authoritarian societies, politicheskii rezhim, gosudarstvo, interesy, tsennosti
References:
Di Gregorio, La transizione in Cecoslovacchia: principali profili di diritto costituzionale, in S. Gambino (a cura di), Costituzionalismo europeo e transizioni democratiche, Milano, 2003.
D. Kosař, Lustration and Lapse of Time: ‘Dealing with the Past’ in the Czech Republic, in European Constitutional Law Review, vol. 4, issue 3, 2008.
J. Příbáň et al. (eds.), Systems of Justice in Transition: Central European Experiences since 1989, Aldershot, Ashgate, 2003;
V. Cepl, Ritual Sacrifices: Lustration in CSFR, in East European Constitutional Review, Vol. 1, no. 1, 1992;
J. Šiklová, Lustration or the Czech Way of Screening, in M. Krygier, A. W. Czarnota, The Rule of Law after Communism: Problems and Prospects in East-Central Europe, Aldershot, Ashgate, 1999;
C. Offe, Varieties of Transition: the East European and East German Experience, Cambridge, Polity, 1996.
www.ustrcr.cz.
A. Buyse, M. Hamilton (eds.), Transitional Jurisprudence and the ECHR. Justice