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  • 4 - The Third Generation

  • Francesco Biagi, Università di Bologna
  • Book:
    European Constitutional Courts and Transitions to Democracy
    Published online:
    05 December 2019
    Print publication:
    02 January 2020, pp 134-177

  • Summary

    Chapter 4 examines the role of the Constitutional Court of the Czech Republic, which in the first decade of its operation (from 1993 to the beginning of the new millennium) dealt mainly with the protection of fundamental rights, as well as with cases concerning transitional justice. With reference to this matter, the Court was called on to rule on particularly divisive issues concerning the country’s past, such as the law on the illegitimacy of the Communist regime, the laws on the restitution of property, as well as the “lustration laws,” which were aimed at preventing individuals involved with the Communist regime, or considered to be in favor of a return to Communism, from occupying higher positions in the state apparatus for a certain period. Compared to the previous generations, a distinguishing feature of this third generation of courts is the interplay between the democratic transition, constitutional justice, and accession to the Council of Europe and the European Union.