The institutionalisation, deinstitutionalisation and reinstitutionalisation of individual pardon in Romania during 2000-2009

Abstract

This article investigates the legal and political evolution of the institution of pardon in Romania between 2000 and 2009 with a special focus on the abrupt changes it has been subjected to during the mentioned period. Two important episodes need to be recalled for the redefinition of this concept: the Law no. 546/2002 permitting the regulatory and institutional framework of this institution (previously functioning under a decree issued in 1952); and the pardon and its revocation in the case of Miron Cozma. The article emphasizes a strong articulation between the progressive legal framework of the institution of individual pardon, the dynamics of the political context, and the personal strategies of legitimation used by President.