Divergent responses to a common past: Transitional justice in the Czech Republic and Slovakia

This article addresses the question of why, despite having shared a communist regime and a revolution against it, the Czechs and Slovaks have dealt differently with that regime's former high officials and secret police agents, files, and collaborators. I argue that this divergence challenges theories of transitional justice put forward by such scholars as Samuel Huntington and John P. Moran, who respectively identify transition type and levels of regime repression as the key factors shaping a new regime's response to its predecessor. I propose that a stronger influencing factor is the level of the preceding regime's legitimacy, as indicated during the communist period by levels of societal cooptation, opposition, or internal exile, and during the post-communist period by levels of elite re-legitimization and public interest in “decommunization.” In drawing this link between past and more recent developments, I also argue that struggles over transitional justice issues should not be considered exclusively as the “politics of the present.” Finally, I examine the cases of Poland, Hungary, and Romania to assess the broader applicability and limits of my theory.