Contending Temporalities: Stretching the Temporal Reach of Lustration in Central and Eastern Europe

May combine two claims.

Albania passed several lustration laws early in its transition focused on the proximate Communist period, but they were limited in implementation, suffered from political instrumentalization, and expired with little impact.

“albania passed several lustration laws early in its transition, focused on the proximate Communist period, but they were limited in their implementation, suffered from political instrumentalization, and expired with little impact.”

• cites [78] 78. eva-Clarita Pettai and Vello Pettai, Transitional and Retrospective Justice in the Baltic States (New York: Cambridge University Press, 2014). 58. Ibid., 134. sourceCould not verify

  The indexed passage on lustration (Abstract; no page given) discusses political instrumentalization in Lithuania, not Albania. Searches for “Albania” and “Albanien” found no passage addressing Albanian lustration laws, their implementation, expiration, or impact. (LLM, conf=0.77)

  Experimental — accuracy not yet measured

May combine two claims.

The Czech Republic started lustration in 1991 with an early and delimited program of five years, gradually removing all built-in expiration dates.

“The Czech Republic started lustration in 1991 with an early and delimited program of five years, gradually removing all built-in expiration dates.36”

• cites [36] 36. Stan, "Witch-Hunt or Moral Rebirth?" 23. David, Lustration and Transitional Justice; Susanne Y. P. Choi and Roman David, "Lustration Systems and Trust: evidence from Survey experiments in the Czech Republic, Hungary, and Poland," American Journal of Sociology 117, no. 4 (2012): 1172-201.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Expected natural bureaucratic turnover did not age out as many officials as expected, with Bulgaria's disclosure measures continuing to reveal secret police collaborators in high-ranking official positions as late as 2020.

“expected natural bureaucratic turnover did not age out as many officials as expected, with Bulgaria's disclosure measures continuing to reveal secret police collaborators in high-ranking official positions as late as 2020.40”

• cites [40] 40. Monika Nalepa, After Authoritarianism: Transitional Justice and Democratic Stability (New York: Cambridge University Press, 2022); ang and Nalepa, "Can Transitional Justice Improve the Quality of Representation in New Democracies"; Horne, Building Trust and Democracy. sourceNot checked — no full text of the source

May combine two claims.

Lithuania's original 1991 lustration law was vague about the time periods covered, but the amended 1999 law specified a window of actionable offenses from October 1918 through 1 January 1992.

“Lithuania's original 1991 lustration law was vague regarding the time periods of the past covered, but the amended 1999 law specified a window of actionable offenses from October 1918 through 1 January 1992.”

• cites [61] 61. Cillian Mcgrattan, Memory, Politics, and Identity: Haunted by History (New York: Palgrave Macmillan, 2013).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

This elongated time period went decades past what the Council of Europe thought was necessary to protect the democratic transitions and exceeded UN vetting guidelines.

“This elongated time period went decades past what the Council of europe thought was necessary to protect the democratic transitions and exceeded UN vetting guidelines.56”

• cites [56] 56. Dragoş Petrescu, "Dealing with the Securitate Files in Post-Communist Romania: Legal and Institutional aspects," in Florian Kührer-Wielach and Michaela Nowotnick, eds. Aus den Giftschränken des Kommunismus Methodische Fragen zum Umgang mit Über-wachungsakten in Zentral-und Südosteuropa (Regensburg:Verlag Friedrich Pustet, 2018): 43-60.;Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Three temporal approaches to lustration emerge from the varied cases: an elongated Communist past, multiple pasts including Communism and pre-Communism, and the shadow of the past on the present with the Communist past overlapping with the post-Communist present.

“Three temporal approaches to lustration emerge from these varied cases: (1) an elongated past-the Communist past, (2) multiple pasts-Communism and pre-Communism, and (3) the shadow of the past on the present-the Communist past overlapping with the post-Communist present.”

May combine two claims.

Romania differentiated periods within Communism, marking historical moments related to changes in the authority and independence of the Securitate in the immediate post-WWII environment (1948-1967) and the years of consolidated Communism (1967-1989), with all periods covered by lustration.

“Romania differentiated periods within Communism, marking historical moments related to changes in the authority and independence of the security services (the Securitate) in the immediate post-WWII environment (1948-1967) and the years of consolidated Communism (1967-1989), with all periods covered by lustration.51”

• cites [51] 51. Council of europe, Measures to Dismantle the Heritage of Former Communist Totalitarian Systems.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The Czech Institute for the Study of Totalitarian Regimes differentiates 1938-1945-the 'time of non-freedom . . . [including] preparations leading up to the seizure of power'-from 1948 to 1989, the 'time of Communist totalitarian power.'

“The Czech Institute for the Study of Totalitarian Regimes differentiates 1938-1945-the “time of non-freedom . . .[including] preparations leading up to the seizure of power”-from 1948 to 1989, the “time of Communist totalitarian power.”48”

• cites [48] 48. Iulia Motoc and Ineta Ziemele, eds., The Impact of the ECHR on Democratic Change in Central and Eastern Europe: Judicial Perspectives (Cambridge: Cambridge University Press, 2016);Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The Latvian government justified its temporal elongation as necessary to counter internal pro-Soviet challenges to the new democracy, citing an attempted coup in January 1991, challenges to the March 1991 independence plebiscite, and an attempted coup in August 1991 by the Latvian Communist Party.

“The Latvian government justified the temporal elongation as necessary to counter internal pro-Soviet challenges to the new democracy, citing an attempted coup in January 1991, challenges to the March 1991 independence plebiscite, and an attempted coup in august 1991 by the Latvian Communist Party.”

• cites [67] 67. Leśkiewicz and Žáček, Handbook of the European Network of Official Authorities in Charge of the Secret Police Files, 162.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Countries in the multiple-pasts group designed lustration measures to cover multiple temporal periods, stretching into the distant past (including WWII and pre-WWII abuses) and/or into the immediate post-Communist period.

“Countries in this group designed lustration measures to cover multiple temporal periods, both stretching the reach of lustration into the distant past, including WWII and pre-WWII era abuses, and/or extending it into the immediate post-Communist period (see Table 2).”

May combine two claims.

Across the eleven countries there is variation in implementation of lustration, including early and late measures, measures that are wider and narrower in the scope of positions vetted, and measures that are more punitive or more truth revelatory.

“across the eleven countries there is variation in implementation of lustration, including early and late measures, measures that are wider and narrower in the scope of positions vetted, and measures that are more punitive or more truth revelatory.”

May combine two claims.

While significant for memory studies, these even broader periods of time are not covered by lustration.

“While significant for memory studies, these even broader periods of time are not covered by lustration.”

May combine two claims.

Latvia's Electoral Law (1995) barred candidates who had been active in the Communist Party of Latvia after 13 January 1991 from standing in parliamentary elections, extending measures past Latvia's independence on 4 May 1990.

“For example, the electoral Law (1995) barred candidates who had been active in the Communist Party of Latvia after 13 January 1991 from standing in parliamentary elections, thereby extending measures past Latvia's independence on 4 May 1990.”

• cites [66] 66. David, Lustration and Transitional Justice. 45. Czech and Slovak Republic, act No. 451/1991 on Conditions for Holding Certain Positions in State Bodies and Organizations (Lustration Law, 4 October 1991), trans. in Neil Kritz, ed., Transitional Justice, vol. 3 (Washington, DC: U.S. Institute of Peace Studies, 1995), article 2. Note, the 1968 liber- alization period is temporally bracketed as a way to recognize the resistance to or complicity of some officials with the Soviet-led invasion.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Hungary's 1991 lustration law focused on offenses committed under Communism, with some specific dates highlighted, such as the 1956 uprising.

“Hungary's 1991 lustration law focused on offenses committed under Communism, with some specific dates highlighted, such as the 1956 uprising.47”

• cites [47] 47. Rafał Leśkiewicz and Pavel Žáček, eds., Handbook of the European Network of Official Authorities in Charge of the Secret Police Files (Prague: The Institute for the Study of Totalitarian Regimes in cooperation with the Institute of National Remembrance, 2013).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

While acknowledging the severity of corruption in Albania, both the Venice Commission and the ECtHR rejected Albania's sweeping temporal scope and the inclusion of post-transition periods under the same lustration umbrella.

“While acknowledging the severity of corruption in albania, both the Venice Commission and the eCtHR nevertheless rejected albania's sweeping temporal scope and the inclusion of post-transition periods under the same lustration umbrella.”

• cites [84] 84. Latvia: Law No. 65-Law on the Preservation and Use of Documents of the Former State Security Committee and the Determination of Individual's Collaboration with the KgB, 2 June 1994. https://www. vestnesis.lv/ta/id/57277-par-bijusas-valsts-drosibas-komitejas-dokumentu-saglabasanu-izmantosanu-un- personu-sadarbibas-fakta-ar-vdk-konstatesanu (accessed 5 January 2022).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing).

The ruling party asserted that under the guise of adherence to rule of law principles, the Constitutional Court minimized the time covered by transitional justice to protect itself and the President from corruption disclosures.

“The ruling party asserted that under the guise of adherence to rule of law principles, the Constitutional Court minimized the time covered by transitional justice to protect itself and the President from corruption disclosures.”

• cites [92] 92. Violeta Davoliūtė and Dovilė Budrytė, "entangled History, History education, and affective Communities in Lithuania," in Horne and Stan, eds., Transitional Justice and the Former Soviet Union, 323-44.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The Venice Commission concurred with the Court's ruling and presented a two-pronged rationale against temporally expansive lustration.

“The Venice Commission concurred with the Court's ruling and presented a two-pronged rationale against temporally expansive lustration.”

• cites [89] 89. Katja Wezel, "The Unfinished Business of Perestroika: Latvia's Memory Politics and Its Quest for acknowledgement of Victimhood in europe," Nationalities Papers 44, no. 4 (2018): 560-77. sourceNot checked — no full text of the source

Classified as probably not a substantial claim.

States in this group argued that high levels of current corruption were linked to or abetted by the continued influence of Communist-era networks, stymieing economic and political reforms.

“States argued that high levels of current corruption were linked to or abetted by the continued influence of Communist-era networks, stymieing economic and political reforms.”

Classified as probably not a substantial claim.

The Venice Commission argued that retrospective justice mechanisms like lustration were not the tools to address current problems with corruption.

“First, the Commission argued that retrospective justice mechanisms, like lustration, were not the tools to address current problems with corruption.”

• cites [90] 90. Marek Tamm, "In Search of Lost Time: Memory Politics in estonia, 1991-2011," Nationalities Papers 4, no. 14 (2013): 651-74. sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S3 (load-bearing).

Questions about how long and how late to employ lustration have been politicized in some CEE programs.

“as previously reviewed, questions about how long and how late to employ lustration have been politicized in some Cee programs.”

May combine two claims.

The first North Macedonian lustration case heard by the ECtHR involved charges against the former President of the Constitutional Court at the time of the lustration debate (2003-2011), who was later outed for a false lustration attestation hiding his former secret police connections.

“The first North Macedonian lustration case heard by the eCtHR involved charges against the former President of the Constitutional Court at the time of the lustration debate (2003-2011), who was later outed for a false lustration attestation, hiding his former secret police connections.”

• cites [94] 94. Maria Lós and andrzej Zybertowicz, Privatizing the Police State: The Case of Poland (New York: Palgrave Macmillan, 2000).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Linking present corruption to lingering Communist-era criminal networks, Albania argued for a temporally expansive approach to lustration capturing crimes after the transition.

“Linking corruption in the present to lingering Communist-era criminal networks from the past, albania argued for a temporally expansive approach to lustration, capturing crimes after the transition.”

• cites [82] 82. Dovilė Budrytė, "Lithuania," In Stan and Nedelsky, eds., Encyclopedia of Transitional Justice, 286-93.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Like Albania, the central debate in North Macedonia was not whether current corruption was tied to Communist-era networks, but whether transitional justice was an appropriate way to tackle it.

“Like albania, the central debate was not whether current corruption was tied to Communist-era networks, but whether transitional justice was an appropriate way to tackle it.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The North Macedonian Constitutional Court invited the Venice Commission to review the Lustration Act to support its decision.

“To support its decision, the Constitutional Court invited the Venice Commission to review the Lustration act.”

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing).

The ruling party believed that canceling lustration's scope of application after 1991 had one goal only: to prevent the Lustration Commission and citizens of Macedonia from learning whether former President and party officials who controlled the secret services actually used those structures against their political opponents.

“Having in mind that the Constitutional Court's current composition was appointed during the political zenith [of the former President of the Republic], [the ruling party] believes that canceling lustration's scope of application after 1991 has one goal only: to prevent the Lustration Commission and the citizens of Macedonia from learning whether [the former President of the Republic and his party]”

• cites [93] 93. Stan, Transitional Justice in Romania, 276;Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The Venice Commission held that lustration should be imposed only for acts, employment, or membership occurring from 1 January 1980 until the fall of the communist dictatorship, because it is unlikely that anyone who has not committed a human rights violation in the last ten years will now do so.

“Lustration shall be imposed only with respect to acts, employment or membership occurring from 1 January 1980 until the fall of the communist dictatorship, because it is unlikely that anyone who has not committed a human rights violation in the last ten years will now do so.”

• cites [91] 91. Pettai and Pettai, Transitional and Retrospective Justice in the Baltic States, 49.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The Venice Commission argued that individuals from the distant past do not pose much of a threat to democracy as time elapses.

“Second, the Commission argued that individuals from the distant past do not pose much of a threat to democracy as time elapses.”

Classified as probably not a substantial claim.

The Venice Commission argued that threats to democracy after transition should be addressed with regular rule of law mechanisms, not extraordinary transitional justice measures.

“any threats to democracy after the transition should be addressed with regular rule of law mechanisms, not extraordinary transitional justice measures.”

• cites [90] 90. Marek Tamm, "In Search of Lost Time: Memory Politics in estonia, 1991-2011," Nationalities Papers 4, no. 14 (2013): 651-74. sourceNot checked — no full text of the source

Classified as probably not a substantial claim. May combine two claims.

The Venice Commission noted that Albania's laws were vague in duration, length of employment restriction, and periods of the past to be screened, and asserted that they pushed lustration beyond transitional justice.

“The Venice Commission noted that the laws were vague in terms of duration, the length of employment restriction, and the periods of the past to be screened, and it asserted that they pushed lustration beyond transitional justice.”

• cites [81] 81. Lithuania: Law No. I-2115-Law on the Verification of Mandates of Those Deputies accused of Consciously Collaborating with Special Services of Other States, 17 December 1991, trans. in Kritz, 428-31; Lithuania: Decree No. 418-Decree Banning KgB employees and Informers from government Positions, 12 October 1991, trans. in Kritz; Lithuania: Law No. VIII-1436-Law on Registering, Confession, entry into Records and Protection of Persons Who Have admitted to Secret Collaboration with Special Services of the Former USSR, 23 November 1999;Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Enacted twenty-three years after independence, Ukraine's 2014 lustration program consisted of multiple lustration laws, bills, and policies to vet the security sector, intelligence services, and public sector.

“enacted twenty-three years after independence, Ukraine's 2014 lustration program consisted of multiple lustration laws, bills, and policies to vet the security sector, the intelligence services, and the public sector.”

• cites [96] 96. Law No.138/2015 on Warranting the Personal Integrity of Officials who are elected, Nominated, or exercise Public Functions (the Decriminalization Law); Law No. 24/2016 on the Transitional re- evaluation of judges and prosecutors in the Republic of albania (the Vetting Law), http://komentarielek- tronik.magjistratura.edu.al/en/eli/fz/2016/84/4 (accessed 6 December 2021); and the amended enabling Vetting of Politicians.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

As of 2021, Albania had not followed through with these lustration measures, with only limited vetting in practice.

“as of 2021, albania had not followed through with these lustration measures, with only limited vetting in practice.”

• cites [85] 85. Katja Wezel, "Latvia," in Stan and Nedelsky, eds., Encyclopedia of Transitional Justice, 275. 66. Latvia: Saiema Election Law, 25 May 1995, articles 5.5 and 5.6, https://likumi.lv/doc. php?id=35261 (accessed 5 January 2022).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Citizenship laws in Estonia and Latvia vet based on nationality, not complicity, resulting in the targeting and exclusion of Russians based on ethnicity rather than actions.

“Citizenship laws in estonia and Latvia vet based on nationality, not complicity, resulting in the targeting and exclusion of Russians based on ethnicity not actions.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Albania's lustration laws (1993, 1995, 2008) covered the period 29 November 1944 to 11 December 1990.

“Lustration (1993, 1995, 2008) 29 November 1944-11 December 1990”

Classified as probably not a substantial claim. May combine two claims.

The ECtHR argued that while it supported the right of states to use lustration and public sector loyalty criteria to protect new democracies from the past, this did not mean such measures could be used on acts and abuses committed in a post-transition environment.

“The eCtHR argued that while it supported the right of states to use lustration and public sector loyalty criteria to protect their new democracies from the past, this did not mean that such measures could be used on acts and abuses committed in a post-transition environment.”

• cites [102] 102. The Act Terminating the Lustration Act (2015) effectively set an end to the lustration process, see Official gazette No. 143/2015, effective 01 September 2015.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The institutions inserted a temporal wall separating acts prior to Ukraine's independence from the USSR from acts committed after 1991.

“First, the institutions inserted a temporal wall separating acts prior to Ukraine's independence from the USSR from acts committed after 1991.”

May combine two claims.

To bolster anti-corruption elements of lustration, Ukraine included financial transparency and financial auditing elements in its reforms and tasked the Lustration Commission to coordinate with new anti-corruption institutions.

“To bolster the anti-corruption elements of lustration, Ukraine also included financial transparency and financial auditing elements into its reforms, and it tasked the Lustration Commission to coordinate its work with new anti-corruption institutions.”

• cites [100] 100. Ilir Kalemaj, Lustration in Albania: The Past and the Future (Tirana: albania: OSCe, 2021).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

To support this argument, the ECtHR and Venice Commission inserted a hard temporal wall between pre-independence and post-independence abuses, arguing extraordinary justice solutions should not be applied to the post-independence period as this could undermine democratization.

“To support this argument, the eCtHR and Venice Commission inserted a hard temporal wall between pre-independence and post-independence abuses, arguing extraordinary justice solutions should not be applied to the post-independence period, as this could undermine democratization.”

May combine two claims.

Ukraine's laws extended the temporal scope for lustratable offenses into the period after Ukraine's independence from the USSR in 1991, specifying officials under former President Viktor Yanukovych from 25 February 2010 to 22 February 2014 and individuals who committed rights violations during the Euro-Maidan Revolution from 21 November 2013 to 23 February 2014.

“However, the laws also extended the temporal scope for lustratable offenses into the period after Ukraine's independence from the USSR in 1991, specifying officials under former President Viktor Yanukovych from 25 February 2010 to 22 February 2014 and individuals who committed rights violations during the euro-Maidan Revolution (the Revolution of Dignity) from 21 November 2013 to 23 February 2014.”

• cites [97] 97. Venice Commission, Albania -Opinion on Draft Constitutional Amendments Enabling the Vetting of Politicians, Opinion No. 942/2018 CDL-aD (2018)034, 17 December (Strasbourg: Venice Commission, 2018), sec. II; gjergji Vurmo, Rovena Sulstarova, and alban Dafa, Deconstructing State Capture in Albania: An Examination of Grand Corruption Cases and Tailor-Made Laws from 2008 to 2020, Report Transparency International, 2021.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The conceptual stretching of lustration into an anti-corruption mechanism was viewed as inconsistent with transitional justice, blurring the distinction between retrospective and prospective justice.

“Second, the conceptual stretching of lustration into an anti-corruption mechanism was viewed as inconsistent with transitional justice, blurring the distinction between retrospective and prospective justice.”

Classified as probably not a substantial claim.

The ECtHR, Council of Europe, and Venice Commission argued that lustration is an extraordinary justice measure.

“The eCtHR, Council of europe, and Venice Commission argued that lustration is an extraordinary justice measure.”

• cites [105] 105. Ivanovski v. the Former Yugoslav Republic of Macedonia, 2016, sec. 13. 93. Ibid. 94. Ibid.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Presenting evidence that the shadow of the past corrupted politics of the present, states utilized temporally fluid understandings of lustratable offenses.

“Presenting evidence that the shadow of the past corrupted politics of the present, states utilized temporally fluid understandings of lustratable offenses.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The Venice Commission, Council of Europe, and ECtHR raised many legal concerns with Ukraine's approach to lustration, but the article considers only two problems associated with expansive temporal parameters.

“The Venice Commission, the Council of europe, and the eCtHR raised many legal concerns with Ukraine's approach to lustration, but for this article only two problems associated with the expansive temporal parameters for lustration are considered.”

• cites [101] 101. "On the Handling of Personal Files kept by the State Security Service" covered the years 1948 to 1998, see Official gazette No. 143/2015, effective 1 September 2015. "additional Requirements for Public Office act (Lustration act)" and the "Law on Determining the Criterion for Limiting the exercise of Public Office" (2012) further extended the temporal scope. See Ivanovski v. the Former Yugoslav Republic of Macedonia, 2016, sec.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Citizens remained engaged with lustration measures for decades after the transition, and in some countries continued to support public disclosures of previous regime collaboration more than twenty-five years into the transition.

“Citizens remained engaged with lustration measures for decades after the transition, and in some countries continued to support public disclosures of previous regime collaboration more than twenty-five years into the transition.39”

• cites [39] 39. Cynthia Horne, "assessing the Impact of Lustration on Trust in Public Institutions and National government in Central and eastern europe," Comparative Political Studies 45, no. 4 (2012): 412-46. sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S4 (based).

There is no scholarship that explicitly compares the different periods of time covered in lustration laws across the post-Communist region.

“There is no scholarship that explicitly compares the different periods of time covered in lustration laws across the post-Communist region.”

Classified as probably not a substantial claim.

A temporally expansive approach to lustration could undermine the process of democratic consolidation.

“Together, such a temporally expansive approach could undermine the process of democratic consolidation.7”

• cites [7] 7. Carmen gonzález-enríquez, "Decommunization and Political Justice in Central and eastern europe," in The Politics of Memory: Transitional Justice in Democratizing Societies, ed. alexandra Barahoma de Brito, Carmen gonzález-enriquez, and Paloma aguillar (Oxford: Oxford University Press, 2001), 218-47.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The ECtHR argued that extraordinary justice mechanisms like lustration were inconsistent with rule of law principles in consolidated democracies and should be brought to an end as soon as possible.

“The eCtHR similarly argued that extraordinary justice mechanisms like lustration were inconsistent with rule of law principles in consolidated democracies and should be brought to an end as soon as possible.34”

• cites [34] 34. aleks Szczerbiak, Politicizing the Communist Past (London: Routledge, 2018);Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

More recent scholarship expanding the range of cases and using more controls has shown strong, albeit conditional, effects of lustration on democracy.

“More recent scholarship expanding the range of cases and using more controls has shown strong, albeit conditional, effects on democracy.25”

• cites [25] 25. Claus Offe, "Coming to Terms with Past Injustices: an Introduction to Legal Strategies available in Post-Communist Societies," Archives Européennes de Sociologie 33, no. 1 (1992): 195-201; sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

Lustration may become obsolete with time; the more years that pass from the transition, the more natural bureaucratic turnover and demographic change there will be, rendering delayed measures largely unnecessary.

“Moreover, lustration may become obsolete with time.The more years that pass from the transition, the more natural bureaucratic turnover and demographic change there will be, rendering delayed measures largely unnecessary.”

May combine two claims.

As secret police file repositories improved their ability to manage information and rule of law safeguards became better institutionalized, lustration commissions in many countries became better at both identifying collaboration and protecting legal safeguards.

“as secret police file repositories improved their ability to manage information and rule of law safeguards became better institutionalized, lustration commissions in many countries became better at both identifying collaboration and protecting legal safeguards.31”

• cites [31] 31. Cynthia Horne, "The Impact of Lustration on Democratization in Post-Communist Countries," International Journal of Transitional Justice 8, no. 3 (2014): 496-521; sourceNot checked — no full text of the source

Classified as probably not a substantial claim. May combine two claims.

The legal dispensations afforded to lustration were not appropriate as time passed, and their continued use might undermine fledgling democracies by corrupting the transitional justice process.

“In essence, the legal dispensations afforded to lustration were not appropriate as time passed and their continued use might undermine fledgling democracies by corrupting the transitional justice process.”

May combine two claims.

Studies that compare the efficacy of late and early lustration measures have shown that late is not necessarily bad and early is not necessarily best with respect to lustration.

“Studies that compare the efficacy of late and early measures have shown that late is not necessarily bad and early is not necessarily best with respect to lustration.29”

• cites [29] 29. alexander Mayer-Rieckh and Pablo de greiff, eds., Justice as Prevention: Vetting Public Employees in Transitional Societies (New York: SSRC, 2007);Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

ECtHR rulings, Venice Commission legal reviews, and Council of Europe parliamentary guidelines suggest a decade of the past for lustratable offenses, covering crimes committed after 1980 through independence.

“In contrast, eCtHR rulings, Venice Commission legal reviews, and Council of europe parliamentary guidelines suggest a decade of the past for lustratable offenses, covering crimes committed after 1980 through independence.5”

• cites [5] 5. United Nations, Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, United Nations general assembly, 70th session, a/70/438, 21 October 2015, 2.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The UN, ECtHR, and Venice Commission have raised concerns about delayed lustration measures, suggesting that ulterior motives like political instrumentalization could undermine rather than support democratic transitions.

“Worse, the United Nations (UN), the eCtHR, and the Venice Commission have raised concerns about delayed measures, suggesting that ulterior motives like political instrumentalization could undermine rather than support democratic transitions.27”

• cites [27] 27. Monika Nalepa, Skeletons in the Closet: Transitional Justice in Post-Communist Europe (New York: Cambridge University Press, 2010);Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The Venice Commission emphasized that drawn-out lustration programs increased the risk of politicization.

“The Venice Commission echoed these concerns, emphasizing that drawn-out lustration programs increased the risk of politicization.35”

• cites [35] 35. Csilla Kiss, "The Misuses of Manipulation: The Failure of Transitional Justice in Post-Communist Hungary," Europe-Asia Studies 58, no. 6 (2006): 925-40; sourceNot checked — no full text of the source

Classified as probably not a substantial claim.

The Council of Europe originally envisioned lustration use for a decade, after which they should be discontinued because they would no longer be necessary to support CEE's democratic transitions.

“The Council of europe originally envisioned their use for a decade, after which they should be discontinued because they would no longer be necessary to support Cee's democratic transitions.33”

• cites [33] 33. Milena ang and Monika Nalepa, "Can Transitional Justice Improve the Quality of Representation in New Democracies?" World Politics 71, no. 4 (2019): 631-36. sourceNot checked — no full text of the source

Classified as probably not a substantial claim. May combine two claims.

ECtHR, Venice Commission, and Council of Europe proscribe stretching lustration to the crimes of the distant past or abuses committed after independence, arguing that this could facilitate politicization, undermine due process safeguards, and compromise rule of law principles.

“They proscribe the stretching of lustration to the crimes of the distant past or abuses committed after independence, arguing that could facilitate the politicization of measures, undermine due process safeguards, and compromise rule of law principles.6”

• cites [6] 6. adam Czarnota, "Lustration, Decommunisation, and the Rule of Law," Hague Journal on the Rule of Law 1, no. 2 (2009): 307-36; sourceNot checked — no full text of the source

May combine two claims.

In some cases states have stretched the temporal scope of lustration into the post-transition period, blurring the differences between transitional justice and ordinary justice.

“Third, in some cases states have stretched the temporal scope of lustration into the post-transition period, blurring the differences between transitional justice and ordinary justice.”

Probably not a substantial claim: may not pass S4 (based).

In its 1996 precedent-setting policy 'Measures to Dismantle the Heritage of Former Communist Totalitarian Systems,' the Council of Europe explained that crimes of the distant past were not threats to the democratic transitions.

“In its 1996 precedent-setting policy “Measures to Dismantle the Heritage of Former Communist Totalitarian Systems,” it explained that crimes of the distant past were not threats to the democratic transitions.”

Probably not a substantial claim: may not pass S2 (checkable).

Privileging some pasts and silencing others in the lustration process could have potential underexplored political, social, and economic implications.

“Privileging some pasts and silencing others in the lustration process could have potential underexplored political, social, and economic implications.43”

• cites [43] 43. Ivanovski v. the Former Yugoslav Republic of Macedonia, 2016; Venice Commission, 2009; UN, 2015.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

Longitudinal and comparative studies intentionally testing the impact of the timing of lustration on transition goals have shown that even delayed measures can have beneficial effects.

“First, longitudinal and comparative studies intentionally testing the impact of the timing of lustration on transition goals have shown that even delayed measures can have beneficial effects.”

May combine two claims.

Lustration in the cases examined served not only as a personnel reform device or truth-telling mechanism but also as a historical marker, flagging important events and periodizing history before and after Soviet influence.

“used as more than a personnel reform device or a truthtelling mechanism; it also served as a historical marker, flagging important events in time and periodizing history before and after Soviet influence.”

Classified as probably not a substantial claim.

Especially in the context of regime change, contested sovereignty, or the creation of new states, some periods of the past might be vaunted or pilloried in the rewriting of national narratives to advance the (re)construction of the state.

“especially in the context of regime change, contested sovereignty, or the creation of new states, some periods of the past might be vaunted or pilloried in the rewriting of national narratives to advance the (re)construction of the state.41”

• cites [41] 41. aleks Szczerbiak, "explaining Late Lustration Programs: Lessons from the Polish Case," in Stan and Nedelsky, eds., Post-Communist Transitional Justice, 51-70.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The Council of Europe policy stated that lustration shall be imposed only with respect to acts, employment or membership occurring from 1 January 1980 until the fall of the communist dictatorship, because it is unlikely that anyone who has not committed a human rights violation in the last ten years will now do so.

“Lustration shall be imposed only with respect to acts, employment or membership occurring from 1 January 1980 until the fall of the communist dictatorship, because it is unlikely that anyone who has not committed a human rights violation in the last ten years will now do so (this time-limit does not, of course, apply to human rights violations prosecuted on the basis of criminal laws).54”

• cites [54] 54. Venice Commission, Final Opinion on the Law on government Cleansing (Lustration Law) of Ukraine, Venice, CDL-aD (2015)012, Opinion No. 788/2014, 19 June (Strasbourg: Venice Commission, 2015).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A second temporal finding is that the temporal bracketing and historical specificity of the lustration parameters suggest that lustration was being used as more than a personnel reform device or a truthtelling mechanism; it also served as a historical marker, flagging important events in time.

“Second, the temporal bracketing and historical specificity of the lustration parameters suggest that lustration was being used as more than a personnel reform device or a truthtelling mechanism; it also served as a historical marker, flagging important events in time and”

Probably not a substantial claim: may not pass S4 (based).

Reconfiguring the temporal frame for retrospective justice could alter the goals of the reform mechanism itself.

“Third, reconfiguring the temporal frame for retrospective justice could alter the goals of the reform mechanism itself.”

Probably not a substantial claim: may not pass S4 (based).

There is limited scholarship directly related to the periodization of the past for lustration measures.

“as rich as the field of memory politics is in explicating the selective engagement of certain pasts for political purposes, there is limited scholarship directly related to the periodization of the past for lustration measures.”

Probably not a substantial claim: may not pass S4 (based).

The slice or slices of the past and present covered by lustration could also impact the ability of the measures to support transition goals like democracy and trust-building.

“The slice or slices of the past (and present) covered by lustration could also impact the ability of the measures to support transition goals like democracy and trust-building.”

May combine two claims.

In 2006, the Council of Europe reaffirmed its original position, reminding states to conclude any outstanding lustration programs, as they were legally questionable, administratively unnecessary, and inconsistent with consolidated democracies.

“In 2006, the Council of europe reaffirmed its original position, reminding states to conclude any outstanding lustration programs, as they were legally questionable, administratively unnecessary, and inconsistent with consolidated democracies.55”

• cites [55] 55. David, Lustration and Transitional Justice. 37. Leśkiewicz and Žáček, Handbook of the European Network of Official Authorities in Charge of the Secret Police Files; Horne, "Transitional Justice and Temporal Parameters." 38. David, "What We Know about Transitional Justice," 154; Horne, "Transitional Justice and Temporal Parameters." 39. See Komisiia za razkrivane na dokumentite i za obiaviavane na prinadlezhnost na Bŭlgarski grazh- dani kŭm Dŭrzhavna sigurnost i razuznavatelnite sluzhbi na Bŭlgarskata narodna armiia (COMDOS), "Obshtestveno to mnenie za deinostta na Komisiiata po Dosietata: sourceNot checked — no full text of the source

Classified as probably not a substantial claim.

Memory politics scholarship demonstrates how the period of the past selected for remembrance and accountability can revise history and reshape the political landscape.

“Second, memory politics has a robust scholarly footprint, demonstrating how the period of the past selected for remembrance and accountability can revise history and reshape the political landscape.”

May combine two claims.

Nazi and Soviet aggressors conspired, creating duplicitous entanglements and human rights abuses across periods of occupation.

“Nazi and Soviet aggressors conspired, creating duplicitous entanglements and human rights abuses across periods of occupation.”

• cites [71] 71. Lavinia Stan, Transitional Justice in Post-Communist Romania (Cambridge: Cambridge University Press, 2012). sourceNot checked — no full text of the source

May combine two claims.

This group of countries extended the temporal range of lustratable offenses to include actions committed in the post-Communist period, explicitly expanding the transformative intention of transitional justice.

“In contrast, this group of countries extended the temporal range of lustratable offenses to include actions committed in the post-Communist period, thereby explicitly expanding the transformative intention of transitional justice.”

Classified as probably not a substantial claim.

Transitional justice measures often require rule of law derogations, which are permissible only for delimited and extraordinary windows of time during a transition.

“Transitional justice measures often require rule of law derogations, which are permissible only for delimited and extraordinary windows of time during a transition.”

Classified as probably not a substantial claim. May combine two claims.

This reinforces the Council of Europe's and ECtHR's legal arguments that stretching lustration to cover crimes of the present, even ones linked to the past, was both legally inappropriate and administratively unnecessary.

“This reinforces the Council of europe's and eCtHR's legal arguments that stretching lustration to cover crimes of the present-even ones linked to the past-was both legally inappropriate and administratively unnecessary.”

May combine two claims.

States created an expansive temporal arc linking the crimes of the past to the crimes of the present, and in so doing repurposed lustration from transitional justice mechanisms to post-transition reform measures.

“First, states created an expansive temporal arc linking the crimes of the past to the crimes of the present, and in so doing they repurposed lustration from transitional justice mechanisms to post-transition reform measures.”

May combine two claims.

While the ECtHR and Venice Commission thought ordinary justice measures could address current corruption in these countries, the rampant corruption noted in all three cases suggested otherwise.

“While the eCtHR and Venice Commission thought ordinary justice measures could be used to address the problems of current corruption in these countries, the rampant corruption noted in all three cases suggested otherwise.”

May combine two claims.

Temporally expansive lustration can also serve to revise historical narratives, facilitate nation-state (re)building, and target new and old corruption.

“Temporally expansive lustration can also serve to revise historical narratives, facilitate nation-state (re)building, and target new and old corruption.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

This is relevant not only in the context of lustration, but for any form of transitional justice in which temporal parameters set boundaries for abuses and redress.

“This is relevant not only in the context of lustration, but for any form of transitional justice in which temporal parameters set boundaries for abuses and redress.”

Probably not a substantial claim: may not pass S2 (checkable).

With this conceptual stretching of lustration as a form of transitional justice, new legal, moral, and political considerations could arise, which have yet to receive systematic scholarly attention.

“With this conceptual stretching of lustration as a form of transitional justice, new legal, moral, and political considerations could arise, which have yet to receive systematic scholarly attention.”

Probably not a substantial claim: may not pass S2 (checkable).

The post-Communist examples suggest the need for more intentional consideration of how the past blurs into the politics of the present.

“The post-Communist examples suggest the need for more intentional consideration of how the past blurs into the politics of the present.”

Classified as probably not a substantial claim. May combine two claims.

Like the Albanian and North Macedonian cases, the message remained that although high levels of corruption might have links to the past, lustration should not be repurposed as an anti-corruption device in the present.

“Like the albanian and North Macedonian cases, the message remained that although high levels of corruption might have links to the past, lustration should not be repurposed as an anti-corruption device in the present.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

Consolidated democracies need not resort to such legally problematic justice mechanisms.

“Moreover, consolidated democracies need not resort to such legally problematic justice mechanisms.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

The suggested categorization of temporal scope into single past, multiple pasts, and past-present continuum is generalizable to cases outside the Communist sphere and malleable enough to allow for additional considerations, such as multiple regimes in a single past or single regimes across multiple time periods.

“This suggested categorization is generalizable to cases outside the Communist sphere and malleable enough to allow for additional considerations, such as multiple regimes in a single past or single regimes across multiple time periods.”

Probably not a substantial claim: may not pass S4 (based).

Studies that have comparatively explored how the timing and duration of lustration impacted democracy and trust have called into question blanket assumptions that late measures are bad and long measures are ineffective.

“Studies that have comparatively explored how the timing and duration of lustration impacted democracy and trust have called into question blanket assumptions that late measures are bad and long measures are ineffective.”

Probably not a substantial claim: may not pass S4 (based).

Lustration as a form of transitional justice is usually temporally tied to a certain past-the Communist past.

“Lustration as a form of transitional justice is usually temporally tied to a certain past-the Communist past.”

May combine two claims.

Countries elongated the temporal reach of lustration into crimes of the distant past(s) and forward to the politics of the present, in some cases encompassing multiple pasts and multiple perpetrators.

“Countries elongated the temporal reach of lustration into crimes of the distant past(s) and forward to the politics of the present, in some cases encompassing multiple pasts and multiple perpetrators.”

Probably not a substantial claim: may not pass S4 (based).

Time is an underexplored variable in transitional justice evaluations.

“Second, time is an underexplored variable in transitional justice evaluations.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The United Nations has called for design reconsiderations in future transitional justice programs.

“would support the UN's call for design reconsiderations in future transitional justice programs.107”

• cites [107] 107. Ukraine, On the Law on Government Cleansing (Lustration Law), Verkhovna Rada, No. 1682- VII, No. 44, st. 2041, act of 8 april 2014; Ukraine, On Restoring Confidence in the Judiciary in Ukraine, Verkhovna Rada, No. 1188-VII, No. 23, st. 870, act of 8 april 2014.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Possible due process derogations and rule of law deviations render lustration potentially legally problematic, and therefore it should be an exception to, not a substitute for, ordinary justice.

“The possible due process derogations and rule of law deviations render them potentially legally problematic, and therefore they should be exceptions to, not substitutes for, ordinary justice.”

• cites [105] 105. Ivanovski v. the Former Yugoslav Republic of Macedonia, 2016, sec. 13. 93. Ibid. 94. Ibid.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

This study suggests that a third temporal variable-the periods of the past/present-merits more intentional, comparative examination.

“This study suggests that a third temporal variable-the periods of the past/present-merits more intentional, comparative examination.”

Probably not a substantial claim: may not pass S4 (based).

A temporally elongated and periodized approach to lustration that marks periods of occupation and redefines categories of perpetrators and victims might not advance the original lustration goals of trust-building and personnel reform as much as other goals, such as historical narrative revision and nation-state (re)building.

“a temporally elongated and periodized approach to lustration marking periods of occupation and redefining categories of perpetrators and victims might not advance the original lustration goals of trust-building and personnel reform as much as other goals, such as historical narrative revision and nation-state (re)building.”

May combine two claims.

This expansive swath of time linked and layered a range of crimes and perpetrators, including Communist-era human rights offenses, war in the Donbas region (2014), conflict in Crimea (2014), and abuses perpetrated against Euro-Maidan protesters.

“This expansive swath of time linked and layered a range of crimes and perpetrators, including Communist-era human rights offenses, war in the Donbas region (2014), conflict in Crimea (2014), and abuses perpetrated against euro-Maidan protesters.”