THE IMPACT OF THE EUROPEAN COURT OF HUMAN RIGHTS ON JUSTICE SECTOR REFORM IN THE REPUBLIC OF MOLDOVA Cover Image

THE IMPACT OF THE EUROPEAN COURT OF HUMAN RIGHTS ON JUSTICE SECTOR REFORM IN THE REPUBLIC OF MOLDOVA
THE IMPACT OF THE EUROPEAN COURT OF HUMAN RIGHTS ON JUSTICE SECTOR REFORM IN THE REPUBLIC OF MOLDOVA

Author(s): Judithanne Scourfield MCLauchlan
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, EU-Legislation
Published by: Institute for Research and European Studies - Bitola
Keywords: European Court of Human Rights; Moldova; human rights; judicial reform

Summary/Abstract: For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova’s Justice Sector Reform Strategy (2011-2015), the Council of Europe’s Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova’s National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.

  • Issue Year: IV/2018
  • Issue No: 2
  • Page Range: 9-24
  • Page Count: 16
  • Language: English