RECOVERY OF DAMAGES CAUSED IN CONNECTION WITH THE VIOLATION OF THE PROCEEDINGS WITHIN A REASONABLE TIME, A NOVELTY IN THE LEGISLATION OF THE REPUBLIC
RECOVERY OF DAMAGES CAUSED IN CONNECTION WITH THE VIOLATION OF THE PROCEEDINGS WITHIN A REASONABLE TIME, A NOVELTY IN THE LEGISLATION OF THE REPUBLIC

Summary/Abstract: In Moldova, the problem of delayed examination of cases in courts and enforcement of judgments is current as delay occurs usually due to excessive postponement of hearings; the complex nature of the dispute; misuse of appeals by parties to the proceedings; performing acts of expertise for long periods etc. Since the European Court of Human Rights in numerous decisions held that the states parties of the Convention are obliged to organize their judicial system in such a way as to enable compliance with all requirements of art. 6, par. 1 and in particular those relating to "reasonable time" and not once Moldova was sanctioned for these violations, in order to avoid infringement of the person at the trial and final judgment within a reasonable time and not to be penalized the High Court, the Republic of Moldova adopted the Law no. 87 of 21.04.2011 on the state repairing the damage caused by the violation of the right to trial within a reasonable time, or the right to cause the execution of the judgment within a reasonable time. According to this law, if any natural or legal person considers that the right for a trial within a reasonable time, or the right to cause the execution of the judgment within a reasonable time was violated, one may address the court a request for summons concerning the establishment of such violations and damages caused by the breach. This novelty in the legislation of Moldova confirms strict compliance of the state with the commitments to international treaties and care for the fundamental rights of the person.

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