Post Communist Restitution And The Rule Of Law

Eastern European societies underwent large-scale deprivations of property by the authoritarian regimes, beginning after World War II, largely ending with the last waves of the kolkhoz movement in the early 1960s. Kuti examines property reparations that took place after 1989, from the perspective of constitutional justice, the rule of law, but also from the point of view of identity politics.

Eastern European societies underwent large-scale deprivations of property by the authoritarian regimes, beginning after World War II, largely ending with the last waves of the kolkhoz movement in the early 1960s. Kuti examines property reparations that took place after 1989, from the perspective of constitutional justice, the rule of law, but also from the point of view of identity politics. A controversial and at times contentious issue is tackled here, effecting people's lives and material situations drastically whilst touching upon the raw nerves of history. Kuti compares property restitution schemes in the Baltic States, Poland, Germany, Czech Republic, Slovakia, Hungary and Romania. Argues that the aims of compensation and reparation were coupled with goals of structural reform. Provides an international perspective, through extensive reference to the jurisprudence of the European Court of Human Rights, as well as to some other jurisdictions confronted with indigenous peoples' claims. The inquiry concludes that the ideals of rule of law and justice cannot lead to consistent solutions in this problem, and the presence of an imperfect theorization is demonstrated.

"This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

A close examination of an understudied European Union member state such as Romania reveals that, since 1989, post-Communist state and non-state actors have adopted a wide range of methods, processes and practices of working through the Communist past. Both the timing and the sequencing of these transitional justice methods prove to be significant in determining the efficacy of addressing and redressing the crimes of 1945 to 1989. In addition, there is evidence that some of these methods have directly facilitated the democratization process, while the absence of other methods has undermined the rule of law. This is the first volume to overview the complex Romanian transitional justice effort by accessing secret archives and investigating court trials of former Communist perpetrators, lustration, compensation and rehabilitation, property restitution, the truth commission, the rewriting of history books, and unofficial truth projects.

Taking stock of the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the serious human rights violations of past regimes. It focuses on the most important factors that have shaped the nature, speed, and sequence of transitional justice programs in the period spanning the revolutions that brought about the collapse of the communist dictatorships and the consolidation of new democratic regimes. Contributors explain why leaders made certain choices, discuss the challenges they faced, and explore the role of under-studied actors and grassroots strategies. Written by recognized experts with an unparalleled grasp of the region's communist and post-communist reality, this volume addresses far-reaching reckoning, redress, and retribution policy choices. It is an engaging, carefully crafted volume, which covers a wide variety of cases and discusses key transitional justice theories using both qualitative and quantitative research methods.

Now in a fully updated edition, this essential text explores the other half of Europe—the new and future members of the European Union along with the problems and potential they bring to the region and to the world stage. Clear and comprehensive, it offers an authoritative and up-to-date analysis of the transformations and realities in Central and Eastern Europe, the Baltics, and Ukraine. Divided into two parts, the book presents a set of comparative country case studies as well as thematic chapters on key issues, including EU and NATO expansion, the economic transition and its social ramifications, the role of women, persistent problems of ethnicity and nationalism, and political reform. Leading scholars provide the historical context for the current situation of each country in the region. They explain how communism ended and how democratic politics has emerged or is struggling to emerge in its wake, how individual countries have transformed their economies, how their populations have been affected by rapid and wrenching change, and how foreign policy making has evolved. New to this edition are chapters on social issues and transitional justice. For students and specialists alike, this book will be an invaluable resource on the newly democratizing states of Europe.

Now in a fully revised and updated edition, this essential text provides a comprehensive introduction to Central and Eastern Europe, including the Baltics and Ukraine. Broad but nuanced, it offers a reader-friendly overview of the globally and regionally significant changes and challenges the region faces. Divided into two parts, the book first presents thematic chapters on key issues, including nationalism and challenges to democratic institutions and practices, the contentious politics of memory, debates over demography and migration in a region with a shrinking population, and Russian efforts to retain regional influence through hard and soft power. The case-study chapters that follow highlight key political developments after communism as well as providing a strong foundation for readers on regional history and the political and economic experiences of the communist years. Each covers the foundational topics of political history, political competition, economic development, social problems, relationships with European institutions, and threats to good governance. For students and specialists alike, this book will be an invaluable resource on this dynamic region of Europe.