Abstract

The present study seeks to theorize upon transitional justice in post-communist Romania. The phrase “transitional justice” is essentially understood as the amount of practices resulting from the contextualizing of the mechanisms of justice to a certain historical and political environment. The pressures of the political environment in post-totalitarian newly emerged democracies shape the rule of law in certain ways, differing from country to country. The political and historical environment is also being shaped by the decisions of the judiciary. In essence, transitional justice questions in a constructive manner all the judicial practices of a certain political environment, including the very normativity of the contingent political order. Romania’s status in transitional justice is briefly discussed in the context of the larger Eastern European transition from totalitarianism to democracy. Although Romanian transitional justice can be included in the mainstream regional efforts to adjust to a new liberal rule of law, there are still some peculiarities which define Romania’s particularly difficult advancement from Communism to liberal democracy