rT ansitional Justice and Democratic Consolidation in post-communist aE stern uE rope:
Romania and Albania.
shapes the prospects for full democratic consolidation. Then, subsequent sections more
specifically focus on how transitional justice has affected democratic consolidation in postcommunist CEE countries. I construct a typology that helps us understand where different
countries in the region fit, before focusing particularly on Romania and Albania.
Much has been written on transitions to democracy and why they are relevant for the health of
a functioning society. Democracy and democratization studies go back at least to Schumpeter
(1942) and especially with Dahl (1971) where he essentially noted “eight requirements for a
Democracy among a Large Number of People.” 1 Recently, other authors have added to this ‘bucket
list’ a couple of other essential ingredients, such as political accountability and the rule of law
(Brown 1999). Both of these last two are important for my argument of how transitional justice
mechanisms help to strengthen them respectively. As a branch of Comparative Politics, early
transitology studies focused on immediate and unconditional transitions from dictatorships
to consolidated democracies (Huntington 1993; O’Donnell et. al. 1986). This was done through
ruptures of the former regime or through an initial pact, as the cases of Southern Europe in
the late 1970s and 1980s demonstrated (Stepan & Linz 1996). Also, they focused on regime
transformation following authoritarian rule and how the new emerging regime was unabashedly
pro-democracy. As a matter of fact, these early expectations did not correspond to transitions
from authoritarian rule in Latin America where pacts were difficult to achieve and often transition
did not go smoothly (Stepan & Linz 1996). The significance of mode of transitions translated
into the shape of democratic consolidation or lack thereof. In some cases, there was a return to
authoritarian rule.
These early transition hypotheses were revisited after the kaleidoscope of events in postcommunist CEE, where transitions took various shapes and democratization trajectories varied
from case to case. While the importance of economic performance for democratization was noted
as early as the 1950s (Lipset 1959), the strong causal relationship between economic well-being
and the chances of success of democratization took on new relevance in post-communist Eastern
Europe. While some were cases of rapid economic overturn achieved through ‘shock therapy’,
others had a more gradual economic transformation such as Slovenia. Nonetheless, they were
equally successful when it came to completing an early political transition and transformation
toward complete democratic rule and the establishment of the rule of law. This was no doubt
helped to a large degree by a firm rupture from communist regimes made possible through the
quick implementation of transitional justice mechanisms such as trials and lustration processes
in Czech Republic and East Germany.
In other cases, including Albania and Serbia, countries got caught in a difficult and prolonged
transition, although for different reasons. In Albania, the chief problem was a highly fractured
elite and prolonged political warfare, while in Serbia the irredentist ethnic wars led by Milosević’s
regime in his attempt to carve a “Greater Serbia” out of a rump Yugoslavia. Yet, in other
cases, like Ukraine and Belarus, the transition went backward, with Belarus returning quickly
to authoritarian rule (Kuzio 2002). Thus, former Communist Eastern Europe offers various
trajectories to democratic consolidation and have opened up new avenues of research. As one
observer has duly noted:
Postcommunist Europe and Eurasia are fertile ground for testing theories that were
developed in other geographical contexts- theories of democratization, institutional design,
interest-group interaction, and identity politics. The reinvigorated study of the region has
also produced new work that promises to enrich the general study of the political economy
of reform, federalism, transitional justice, and nationalism and interethnic relations. The
1. They are: 1. Freedom to form and join organizations; 2. Freedom of expression; 3. Right to vote; 4. Eligibility for public office; 5.
Right of political leaders to compete for support; 6. Alternative sources of information; 7. Free and fair elections; 8. Institutions for
making government policies depend on votes and other expressions of preference.
57
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