PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?

In Lithuania, the 90s marked the beginnings of a transitional period toward the reconstruction of a democratic state. On the one hand, it emerged as the ideal model, a new societal and state project, a democratic society, with a state founded on respect for the law and for human rights. On the oth...

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Main Author: Bianca Elena RADU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2024-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_024.pdf
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author Bianca Elena RADU
author_facet Bianca Elena RADU
author_sort Bianca Elena RADU
collection DOAJ
description In Lithuania, the 90s marked the beginnings of a transitional period toward the reconstruction of a democratic state. On the one hand, it emerged as the ideal model, a new societal and state project, a democratic society, with a state founded on respect for the law and for human rights. On the other hand, the past made its presence felt as a result of administrative and judicial heritage, but also of a pattern socially reproduced at the level of human interactions between those whose rights were violated and those who violated these rights. Among those whose rights were abusively violated in the old regime were those dispossessed of properties and of their right over them, during the communist period. The old regime’s abusive seizing of properties was a prejudice brought to the dispossessed. The present paper intends to analyse whether property restitution in Lithuania was part of a more extensive process, entitled transitional justice in the literature. The first part of the paper describes the theoretical lens as well as conceptual aspects. The second part focuses on property legislation and on the function laws fulfilled in the reparations process. The paper has a heuristic value and constitutes itself as part of the research in the field of transitional justice and property restitution.
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spelling doaj-art-cb3f3075db8c4aad8d96a188adc80f432024-12-02T08:16:44ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962024-05-01171437447PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?Bianca Elena RADU0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of BucharestIn Lithuania, the 90s marked the beginnings of a transitional period toward the reconstruction of a democratic state. On the one hand, it emerged as the ideal model, a new societal and state project, a democratic society, with a state founded on respect for the law and for human rights. On the other hand, the past made its presence felt as a result of administrative and judicial heritage, but also of a pattern socially reproduced at the level of human interactions between those whose rights were violated and those who violated these rights. Among those whose rights were abusively violated in the old regime were those dispossessed of properties and of their right over them, during the communist period. The old regime’s abusive seizing of properties was a prejudice brought to the dispossessed. The present paper intends to analyse whether property restitution in Lithuania was part of a more extensive process, entitled transitional justice in the literature. The first part of the paper describes the theoretical lens as well as conceptual aspects. The second part focuses on property legislation and on the function laws fulfilled in the reparations process. The paper has a heuristic value and constitutes itself as part of the research in the field of transitional justice and property restitution.http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_024.pdftransitional justicereparationspropertylithuaniaecthr
spellingShingle Bianca Elena RADU
PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?
Challenges of the Knowledge Society
transitional justice
reparations
property
lithuania
ecthr
title PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?
title_full PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?
title_fullStr PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?
title_full_unstemmed PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?
title_short PROPERTY RESTITUTION IN LITHUANIA, AN REPARATORY TOOL IN THE PROCESS OF TRANSITIONAL JUSTICE?
title_sort property restitution in lithuania an reparatory tool in the process of transitional justice
topic transitional justice
reparations
property
lithuania
ecthr
url http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_024.pdf
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