Effective Investigation as a Mechanism of Transitional Justice: Romania at the European Court of Human Rights

Following the collapse of communism in Central and Eastern Europe, the European Court of Human Rights (ECtHR) confronted a surge in cases involving alleged human rights violations by new High Contracting Parties. Romania, a signatory since 1994, faced 24 cases linked to pivotal national events – the 1989 Revolution and the Mineriade protests (1990–1999). The ECtHR ruled on violations of the right to effective investigation, thereby influencing domestic jurisprudence and transitional attitudes. Employing a methodology that blends legal analysis and transitional justice theory, this study underscores the Court’s role in constructing event narratives, countering impunity and acknowledging marginalised victims. As cases linger in national courts, the ECtHR’s judgments uphold its oversight, facilitating peaceful transitions, democratisation and the pursuit of justice for victims, perpetrators and societies.