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The impact of the European Court of Human Rights on justice sector reform in the Republic of Moldova

[journal article]

Scourfield McLauchlan, Judithanne

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 ... view more

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.... view less

Keywords
Moldova; judiciary; reform; human rights; Council of Europe; law reform

Classification
Law
Judiciary
European Politics

Free Keywords
European Court of Human Rights

Document language
English

Publication Year
2018

Page/Pages
p. 9-24

Journal
Journal of Liberty and International Affairs, 4 (2018) 2

ISSN
1857-9760

Status
Published Version; peer reviewed

Licence
Creative Commons - Attribution 2.0


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Home  |  Legal notices  |  Operational concept  |  Privacy policy
© 2007 - 2025 Social Science Open Access Repository (SSOAR).
Based on DSpace, Copyright (c) 2002-2022, DuraSpace. All rights reserved.