Summary: 1. Introduction. – 2. Methods. – 3. Post-communist transitional challenges and the 3Rs of transitional justice: restorative, reconstructive and reconcilable. – 3.1. Amnesty for some crimes and pardoning others (Decree-Law No. 3/1990). – 3.2. Granting rights to persons persecuted for political reasons by the communist dictatorship (Decree-Law No. 118/30 March 1990) – 3.3. Honouring the memory of the heroes-martyrs and granting rights to the descendants and the wounded in the December 1989 Revolution (Law No. 42 of December 18, 1990) – 3.4. Gratitude for the heroic deeds of the martyr heroes (Law No. 341/12 July 2004 and Law No. 242/8 October 2021). – 3.5. Legal situation of residential buildings, transferred to state ownership (Law No. 112 of 25 November 1995) – 4. Lustration legislation initiatives in Romania. – 5. Preparations for the integration into the European and Euro-Atlantic structures. – 5.1. Regulating the statute of judges and prosecutors (Law 303/2004) – 5.2. Creating the Property Fund (2005) (Governmental Decision 1481/2005 on the Creation of the Property Fund) – 5.3. Extending the Study of Securitate Archives and the activity of the National Council for the Study of the Securitate Archives (GEO 149/2005 and GEO 16/2006) – 6. Creation of the Institute for the Investigation of Communist Crimes in Romania (2005) and Presidential Commission for the Analysis of Communist Dictatorship in Romania (2006) –7. Conclusions.
Background: The collapse of the communist regime in Romania in December 1989 triggered a stage of profound and complex legislative changes aimed at repairing abuses, discrimination and violations of rights, with challenges for the justice reform process and for institutional and social governance. The reform of the state and the process of European integration have engaged in social debates and legal initiatives aimed at guaranteeing citizens' rights and freedoms and promoting social reconciliation. In this context, the condemnation of communist crimes, the recognition of abuses, the restitution of property, and the lustration attempts represented two central levels of political and judicial reform in post-communist Romania. This study aims to investigate how these legislative initiatives, as well as other associated regulatory approaches, have been legislated in accordance with the standards and commitments for European and Euro-Atlantic integration.
Methods: The study proposes a qualitative approach, which addresses both the documentary analysis of legislative proposals and initiatives, grouping three main themes: (1) transitional justice, recognition and granting of rights to politically persecuted persons and honouring the memory of the heroes-martyrs in the December 1989 Revolution; (2) legislative initiatives on the restitution of properties, the legal situation of residential buildings previously transferred to state property, the regulation of the status of judges and prosecutors; and (3) legislative preparations on integration into European and Euro-Atlantic structures and initiatives for the establishment of institutional structures on the investigation of communist crimes and the analysis of the communist dictatorship. For the research of these topics, the research will use methods specific to the legal study such as: (a) normative analysis and examination of the texts of laws, decree-laws and ordinances of the executive adopted and issued during the communist period; (b) the analysis of the jurisprudence by studying the decisions of the European Court of Human Rights (ECHR), the analysis of the exceptions of unconstitutionality raised by the Constitutional Court of Romania in the matter of property restitution and the application of the law in the field and (c) the historical-legal analysis necessary for correlating the legislative reforms and initiatives with the political and historical context by conforming to three chronological frameworks of analysis: the fall of the regime, political transition and integration into European and Euro-Atlantic structures.
Results and conclusions: The research indicates an uneven evolution of the normative framework, marked by fragmentation challenges in the legislative reform process regarding the recognition of victims, the restitution of property, and social reconciliation. Despite these legal, political and social contexts, the research highlights both the legislative progress and the societal benefits for transitional justice in Romania, but also the opportunity of such an analysis carried out thirty-five years after the December 1989 Revolution for the development of a legal culture focused on respect for human rights and the consolidation of the rule of law in societies in transition.