Între moral si legal: problema responsabilitătii din perspectiva Legii lustratiei în România
Between moral and legal: the issue of responsibility from the perspective of the Romanian lustration law

Summary/Abstract: The study analyses the issue of responsibility within the communist regimes from the perspective of the Romanian lustration law. The research is structured around three subthemes: the relation between guilt and sanction in democratic regimes; a succinct analysis of the lustration issue in Europe; a presentation of the initiatives concerning the adoption of a lustration law in Romania; the concrete analysis of the responsibility issue in light of the law adopted by the Romanian Parliament in 2010. The main conclusion of the analysis is that the responsibility concerning the establishment and preservation of the communist regime cannot be treated in terms of collective guilt, as provided by the lustration law, but can be attributed to some individuals or groups that commonly participated in taking some decisions. Therefore, punishments must be applied according to direct, concrete and undisputed responsibilities, by means of trials in which the accused can plead their innocence.

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