Lustration Laws in Action: The Motives and Evaluation of Lustration Policy in the Czech Republic and Poland ( 1989-200 1 ) Roman David Lustration laws, which discharge the influence of old power structures upon entering democracies, are considered the most controversial measure of transitional justice. This article suggests that initial examinations of lustrations have often overlooked the tremendous challenges faced by new democracies. It identifies the motives behind the approval of two distinctive lustration laws in the Czech Republic and Poland, examines their capacity to meet their objectives, and determines the factors that influence their perfor- mance. The comparison of the Czech semi-renibutive model with the Polish semi-reconciliatory model suggests the relative success of the fonner within a few years following its approval. It concludes that a certain lustration model might be significant for democratic consolidation in other transitional coun- tries. The Czech word lustrace and the Polish lustrucju have enlivened the forgotten English term lustration,’ which is derived from the Latin term lus- Roman David is a postdoctoral fellow at the law school of the University of the Witwa- tersrand, Johannesburg, South Africa (
[email protected];
[email protected]). The original version of the paper was presented at “Law in Action,” the joint annual meeting of the Law and Society Association and the Research Committee on the Sociology of Law, Budapest, 4-7 July 2001. The author thanks the University for providing support in writing this paper; the Research Support Scheme, Prague (grant no. 1636/245/1998), for financing the fieldwork; Jeny Oniszczuk from the Polish Constitutional Tribunal for relevant legal mate- rials; and Christopher Roederer for his comments on the original version of the paper.