Publication details
Lustrace a běh času aneb (jak dlouho) mohou české lustrační zákony ještě přežít?
| Title in English | Lustration and Lapse of Time: (How Long) Can the Czech Lustration Law Survive Judicial Review? |
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| Authors | |
| Year of publication | 2008 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Lustration; Lapse of Time; Czech Constitutional Court |
| Description | One of the most important challenges for the rule of law in the Czech Republic in the period of transition has been the functioning of the so-called Lustration Acts. The Czech Lustration Acts have been subject to numerous studies. However, this paper does not intend to reopen the early debate on the legitimacy of the introduction of the Czech Lustration Acts. Instead, it reviews the contemporary case law of the European Court of Human Rights regarding lustration laws and it eventually concludes that while the Czech Lustration Acts might still survive the scrutiny of the European Court of Human Rights, they should be repealed by the Constitutional Court of the Czech Republic since the special transition-to-democracy circumstances that justified their adoption in the early 1990s have ceased to exist. |