叙述Victim-hood

IF 1 Q1 Arts and Humanities
Brigita Malenica
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Minister of Justice Stănoiu replaced almost all of the prosecutors assigned to investigating corruption and the events of December 1989; he suspended the implementation of verdicts against former army generals with regard to the order to shoot in December 1989; and he cancelled rulings related to the return of property. Judicial salaries were frozen in order to intimidate members of the apparatus, resulting in increased susceptibility to corruption. PSD Prime Minister Năstase publicly called for a pro-government law that completely shut down the legal fi ght against corruption. Hein refers to ‘a comprehensive re-politicisation of law enforcement, judicial and self-management activities of the judiciary’. He calls this phase the obscurest era of the judiciary in postcommunist Romania (358). The issue of the ‘suspicion of self-promotion of the political elite’ (445) after 1990 is discussed again and again. 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引用次数: 0

摘要

检验共产主义时代的行动者在政治和司法领域都是普遍和重要的。海因用“世袭主义”的概念解释了罗马尼亚的转变,这种制度表现为“高度个人化、专制或半专制的政权”(324)。在罗马尼亚和保加利亚,海因注意到各级司法机构如何不断受到政治干预,然而,由于一些有关行为者遵守法律,新的宪法做法仍在继续。他承认,保加利亚的政治组织比冲突不断的罗马尼亚更稳定。在这两种情况下,推动根本性变革的动力逐渐表现为加入欧盟的愿望。对于这两个国家,作者仔细地描述了各自国家在政治背景下的法律斗争,展示了它们的宪法扩张如何反映了更广泛的政治背景。海因指出,在两国的宪法发展中,外国顾问在确保法治和司法独立方面发挥了重要作用,特别是考虑到加入过程中欧盟成员国的条件。鉴于今天许多人宁愿忘记的某些程序,2004年罗马尼亚的权力转型和布里切斯库当选总统意味着与伊利埃斯库政府在2000年至2004年期间对司法的巨大政治化决裂。司法部长斯特鲁诺乌几乎撤换了所有被指派调查腐败和1989年12月事件的检察官;他暂停执行关于1989年12月枪决命令的对前陆军将领的判决;他还取消了与返还财产有关的裁决。为了恐吓司法机关的成员,冻结了司法人员的工资,导致更容易受到腐败的影响。社会民主党总理努尔斯塔西公开呼吁制定一项亲政府的法律,彻底停止对腐败的法律斗争。海因指的是“司法机构的执法、司法和自我管理活动的全面再政治化”。他把这一阶段称为后共产主义罗马尼亚(358年)司法最黑暗的时期。1990年后的“政治精英自我推销的怀疑”(445)问题被反复讨论。海因令人信服地得出结论,在这两个国家,“司法机构的效率和一贯的独立性仍然不稳定”(462)。作者提出了一个内容丰富的研究,是分析,论证和文体的第一秩序,这将值得在罗马尼亚和保加利亚出版。的确,这是第一个彻底的,知识渊博的,平衡的介绍交织在法律和政治发展的后社会主义东欧。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Narrating Victim-hood
test that communist-era actors have been prevalent and important in both the political and judicial fi elds. Hein explains the transition in Romania by using the concept of ‘patrimonialism’, manifested in a ‘highly personalised, authoritarian, or semi-authoritarian regime’ (324). In both Romania and Bulgaria, Hein observes how the judicial institutions at all levels were constantly subject to political interventions, and yet the new constitutional practice was nevertheless continuous, thanks to the adherence to the law by some of the relevant actors. He grants that the political organization in Bulgaria was more stable than in confl ict-ridden Romania. Progressively, in both cases, the impetus to eff ect essential changes manifested itself in the desire to join the EU. For both nations, the author off ers a careful account of the legal struggles against the political background of each country, showing how their constitutional expansions refl ected broader political contexts. Hein points out that in the constitutional developments of both countries, foreign consultants exerted a signifi cant eff ect to ensure the rule of law and the independence of the judiciary, particularly in view of EU membership conditions during the accession process. In light of certain proceedings that many today would prefer to forget, the transformation of power in Romania in 2004 and the election of Băsescu as president meant a break with the enormous politicisation of the judiciary by the Iliescu government between 2000 and 2004. Minister of Justice Stănoiu replaced almost all of the prosecutors assigned to investigating corruption and the events of December 1989; he suspended the implementation of verdicts against former army generals with regard to the order to shoot in December 1989; and he cancelled rulings related to the return of property. Judicial salaries were frozen in order to intimidate members of the apparatus, resulting in increased susceptibility to corruption. PSD Prime Minister Năstase publicly called for a pro-government law that completely shut down the legal fi ght against corruption. Hein refers to ‘a comprehensive re-politicisation of law enforcement, judicial and self-management activities of the judiciary’. He calls this phase the obscurest era of the judiciary in postcommunist Romania (358). The issue of the ‘suspicion of self-promotion of the political elite’ (445) after 1990 is discussed again and again. Hein convincingly concludes that in both countries the ‘effi ciency and consistent independence of the judiciary institutions remain precarious’ (462). The author presents a content-rich study that is analytically, argumentatively, and stylistically of the fi rst order, which would merit publication in Romanian and Bulgarian as well. Indeed, this is one of the fi rst thorough, knowledgeable, and balanced presentations of intertwined legal and political developments in postsocialist Eastern Europe.
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Sudosteuropa
Sudosteuropa AREA STUDIES-
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