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Lustration law adopted by parliament

At 22 years of the first draft of the lustration of former communist activists or security officers, the Chamber of Deputies, decisional chamber, adopted by 167 votes "in favour" and four blank votes the lustration law.

Lustration law adopted by parliament
Section 8 of the Proclamation of Timişoara provides Lustration those who held high positions in the communist era. Photo: Archive Agerpres.

Articol de Paul Poteraşi, 29 Februarie 2012, 09:24

On Tuesday, Chamber of Deputies adopted the lustration law, which imposes restrictions on certain rights for a period of five years people who held various positions in the Romanian Communist Party( PCR) and the repressive apparatus of the communist regime.

The draft law was adopted by the Chamber by 167 "in favour " and four blank votes , in the absence of the opposition.

Chamber of Deputies was for decision on this bill.

The law will now go to President Traian Băsescu to be passed.

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According to Radio România Actualități reporter, Iulia Gherman, the draft law targets those who held high-ranking political offices paid by the Romanian Communist Party(PCR) between 6 March 1945-22 December 1989.

At the proposal of Liberal Democrat Party( PDL) deputies’ leader, Mircea Toader people who only acted as ranking members of the Communist Youth Union( UTC) should be removed from the list of categories targeted by the law.

Prime Minister Ungureanu was a member of UTC’ s Central Committee.

Mate András Levente asked and plenum approved the communist prosecutors who were involved in political police should be on the targeted list.

"A former communist prosecutor could now accede either in Parliament or be appointed Minister or Secretary of State or county, the County Council, Local Council? Is unacceptable," motivated the request Máté András Levente.

MEP Monica Macovei, former minister of justice, could be affected by this change.

Before the final vote, from the legislative document was eliminated the provision that those who were heads of diplomatic or consular missions abroad.

The Juridical Committee Chairman, the Social-Democrat-Liberal Daniel Buda, stated that paragraph was recovered in the text submitted to the plenum from a material error.

This is why it was decided to eliminate it - said Daniel Buda.

The draft will be adopted provides that persons who are subjected to lustration had leading political positions paid by the Romanian Communist Party ( PCR)

in the central, regional and local apparatus of the Romanian Workers' Party members and alternates members of the Central Committee of Romanian Communist Party ( PCR) , State Council members, the ministers , publishing executives.

Lustration law "comes very late"

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President of the Association December 21, 1989, Teodor Mărieş, told Mediafax on Tuesday, after the Chamber of Deputies voted lustration law, that it "comes very late, after 22 years", but that its application "solve some of the immorality of the political class ".

"A law that comes very late, indeed, after 22 years, but a law was intended to lead to a morality in Romanian society.

"Lustration Law enforcement solve some of the immorality of the political class in the last 22 years," said Maries.

Teodor Mărieș said that "it is positively shocked" because the lustration law was voted "so fast" in the Chamber of Deputies.

"I'm shocked, I cannot believe that I asked them to vote, the majority also voted so quickly.

"Waiting to vote also the law of gratitude that we eliminate the perpetrators of revolutionary law", said Teodor Maries.

Lustration law, first adopted in 2010

Lustration law was first adopted in 2010 by the Chamber of Deputies.

Initiated by liberal lawmakers, including Eugen Nicolăescu, Adrian Cioroianu, Mona Muscă, the law was adopted at limit in2006 by the Senate Chamber , but then got stuck up in 2010 to the Judicial Committee of the Chamber of Deputies.

As people who were under the lustration law were defined then the following categories: those who held senior positions and were paid for it in the RMP, PCR, UTC, UASCR, the Grand National Assembly deputies, members of county people's councils, municipal and city Council members State and Council of Ministers, heads of media outlets or propaganda of PCR , publishing houses executives, party people in education, in structures or collaborators of the Securitate as political police, magistrates with leading positions in the judiciary communist commanders Inspectorate General of Militia by the heads of post including heads of diplomatic missions and consular posts.

All these people were not to be permitted to occupy for five years after entry into force of the law called and elected public officials.

The law provided however that people under the lustration law holding any elected office will be able to carry out the mandate.

Constitutional Court judges have decided, however, on June 7, 2010, by majority vote, that the lustration law is unconstitutionalbecause it violates the right to be elected by the Constitution.

Moreover, the judges believed that limiting the right to be electedas required by contested law "affect the very existence of law and does not justify the need for a democratic society".

Lustration talked about for the first time in Romania on February 27, 1990, when members of the Timisoara Society, meeting in extraordinary session, adopted the text of Proclamation in 13 points, proposed by George Serban.

On March 11, in the Opera Square in Timisoara, George Șerban read the text of proclamation in front of over 20,000 Timisoara.

Paragraph 8 of the Proclamation forbade former communist activists and former security officers to run for any public office for three legislatures.

The definition of Dex online, through "lustration" means purification ceremony of a person, of a field.

Another definition refers to the rite of purification.

Translated by

Denisse-Meda Bucura

MTTLC, Bucharest University

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