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Compatibility between national law and European Convention on Human Rights and Fundamental Freedoms


Author: Cojocaru Vladlen
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2011
Scientific adviser: Elena Aramă
doctor habilitat, professor, Moldova State University
Institution: Institute of History, Academy of Sciences of Moldova
Scientific council: DH 15-12.00.02
Institute of History, Academy of Sciences of Moldova

Status

The thesis was presented on the 25 November, 2011
Approved by NCAA on the 22 December, 2011

Abstract

Adobe PDF document0.30 Mb / in romanian

Keywords

compatibility, national law, European Convention of Human Rights and Fundamental Freedoms, European Court of Human Rights, Constitutional Court, Juridical Instances, mechanisms of assuring compatibility, legal-normative acts, jurisprudence.

Summary

Structure of thesis: the thesis includes an introduction, three chapters, general conclusions and recommendations, bibliographic references 244 titles, as well as the main 136 text pages.

Publications on the theme of thesis: the obtained results are published in 3 articles of specialized magazines and 5 reports of international conferences.

Domain of interest: public law (constitutional law), organization and functioning of institutes of law.

The scope of work consists in the complex research of the problem of compatibility between national legislation and laws of the ECHR, as well as of the methods of harmonization of the national law with the law of the Convention, including the main legal mechanisms to be implemented in order to provide protection of the human rights and fundamental freedoms.

The new character and the originality of the obtained results are conditioned by the scope and the objectives of the thesis, by the conclusions and recommendations aimed at the development and completion of theoretical basis for the concept of compatibility that in fact has a more complex character, providing for a clear and adequate delimitation and classification of terms and notions throughout the text.

The work has an innovational character and from the practical perspective makes use of the national experience and of the experience of other states in the harmonization of national law with the law of the ECHR.

The scientific signification problem solved consists in the determination of the problem of compatibility between national legislation and laws of the ECHR through capitalizing doctrines development and normative, legal practices.

Theoretical significance and applied value. This work has a scientific character, tending to set out the obtained results in a brief and clear form, explaining both the theoretical and practical aspects of the problem taking into account the geographical space of the Republic of Moldova, being at the same time useful both for the researchers in the field of constitutional law and for the practicing specialists.

The results of this study may be also used by the politicians in the view of improving the legislation, as well as by other practitioners, especially in the exercise of ordinary and constitutional justice, in the interpretation of laws by the lawyers and scientists. The theoretical and applied value of this work also resides in the perspectives revealed by this work, for instance, in the aspects of communication between the legal systems and acts and in the creation of better dialogs between legal cultures.

Implementation of scientific results. The work was elaborated in the Section of National Law of the Institute of History, State and Law of the Academy of Sciences of Moldova, where it was discussed and recommended for defense at the specialized workshop. At the same time this work is an independent scientific investigation containing elements of re-processing of other numerous scientific works. Most of the works approved for defense have been presented at national and international symposiums and scientific conferences. Their results were also reflected into the author’s publications related to the theme of this work and employed in the educational process at the Academy of Economic Studies of Moldova.