Justiția de tranziție. Noțiune, tipologii, modelul românesc
Transitional justice. Concept, typologies, Romanian model

Summary/Abstract: Transitional justice is a phenomenon whose borders are generated by the traumas of the past and defined by the multiple nature agendas of the current period. In this connection, a first classification criterion used by the specialized literature to divide such processes is represented by the historical context, that allowed the abuses to be committed: conflictual or totalitarian. By default, the transitional justice will be post-conflict, post-totalitarian or mixed. A second criterion used to distinguish between the different types of transitional justice is that of the purpose of the trial: restoring the damaged social relationships, prosecuting those who have committed abuse during the past, or a mix of the first two variants. Transitional justice is implemented through a wide variety of legal and non-legal mechanisms. As there is no consensus on the concept, there is no "single recipe". The experience of the countries on multiple continents has shown that the choice of mechanisms must be made according to the specific of the society where their implementation is required. After 1989, among the mechanisms used in the national context, we can highlight: – Decree-Law no. 118/1990 regarding the granting of rights to the persons persecuted for political reasons by the dictatorship established from March 6, 1945, which is a legal mechanism with predominantly restorative effects; – Law no. 221/2009 regarding the convictions of a political character and the administrative measures assimilated to them, pronounced during the period March 6, 1945 - December 22, 1989, a normative act that clearly represents a legal mechanism with predominantly restorative effects; – criminal cases that are manifested as a legal mechanism with predominantly remunerative effects; - establishment of institutions that address the traumas of the past in an organized manner, representing a legal mechanism with retributive/restorative effects; – memorialization, which implies the preservation within the collective memory of the information that is worthy to remain in the memory of the people and which is a non-legal mechanism with retributive/restorative effects; – lustration, attempted also within the national legislative landscape, but without being effectively implemented and which represents a legal mechanism with remunerative effects, as well as – prohibition of promoting the totalitarian symbols, a legal mechanism with predominantly remunerative effects.

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