Screening of the Screening Act
Vol.2,No.3(1994)
Abstract
Pages:
21–31
The problem of the so called Lustration Act is analyzed by the comparison with the German denazification and decomunization, while emphasizing the differences between the post-war Germany and the pre-November Czechoslovakia. The author maintains that the opinion of the Constitutional Court of the former federation accepted the principle of collective guilt and left untouched many discrepancies between the Act and the Charter of Fundamental Rights and Liberties.
The Court, which was the only body entitled to consider the Act, endorsed it and closed the circle, as court decisions meeting the requirement of the Act may not be subject to the consideration of the Constitutional Court any more. The author concludes that by adherence to law the courts may not breach any right of the citizen, so no one can be deprived of his rights now.
21–31
Copyright © 2018 František Šamalík