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July 26, 2021

Lustration Law ruled unconstitutional

The Constitutional Court (CC) yesterday ruled that the Lustration Law imposing restrictions of selected rights for a period of five years on people who were in various official positions in the communist regime, was unconstitutional. According to realitatea.net, it is the second time that CC hands down a verdict like that in the matter. The parliament adopted the Lustration Law on February 28, in the absence of the opposition who were on a parliamentary strike. The law states that people who belonged to the structures of power and repressive apparatus of the communist regime shall not be appointed to public offices for five consecutive years. UDMR introduced an amendment also introducing former prosecutors. The parliament adopted the law in a form adjusted to accommodate a previous CC ruling of June 7, 2010 finding the act unconstitutional as it was excessive compared to its declared aim, because it does not allow for a customisation of the measure. The Court found that, the way it was adopted in 2010, the Lustration Law was introducing the presumed guilt and a collective punishment based on a generic liability established on political criteria. On the other hand, the Constitutional Court maintains that lustration can be a moral landmark, reminding of the horrors of communism, but also a temporary exclusion from lead offices in public institutions of people who worked for or collaborated with the communist regime. But – the Court says—lustration is not a cleansing operation or revenge for wrong ideological choices or biographic accidents, but an effort to re-find dignity and trust and to restore the authority of the fundamental institutions of the country. Lustration especially emphasises the principle of accountability in the discharge of public duties, the Court further states.

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