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Constitutional right to protection in the European Court of Human Rights


Author: Sosna Alexandru
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:2013
Scientific adviser: Anatolie Bantuş
doctor, professor, Institute of History of the ASM
Institution: Institute of History of the ASM
Scientific council: DH 15-12.00.02
Institute of History of the ASM

Status

The thesis was presented on the 21 December, 2012
Approved by NCAA on the 21 June, 2013

Abstract

Adobe PDF document0.40 Mb / in romanian
Adobe PDF document0.28 Mb / in romanian

Keywords

protection of human rights and freedoms, the right to be protected, constitutional justice, the separation of powers, the judiciary, the constitutional complaint, alternative ways to protect the rights, international commitment, the cases against Republic of Moldova, the European Court of Human Rights

Summary

Thesis structure: an introduction, four chapters, conclusions and recommendations, bibliography of 375 appointments, 164 pages of scientific text. Scientific results are published in more than 31 scientific articles and international conference materials.

The thesis study field and it main objectives. The dissertation is devoted to the study of the constitutional right to protection in the European Court in the light of epochal event for the Republic of Moldova - Ratification of the European Convention on Human Rights and Fundamental Freedoms (1950). In 1997, for the first time, individuals and legal entities of the Republic of Moldova, in the cases of violation of their rights, got the direct opportunity to appeal to the European Court of Human Rights under the Convention in 1950 if have not find adequate protection at the national level.

The author pursued the goal, in the dissertation- defining not only the theoretical foundations of the right to protection in the European Court, but also to explore the mechanism of realization of this right, to make recommendations for improving national legislation and practice in this area.

The novelty of the work and it scientific originality. The novelty of this research is to determine the purpose of the dissertation, as well as a mechanism to achieve this purpose. The author first revealed the content of the constitutional right to protection in the European Court, during theprocess of establishment of a democratic state in the Republic of Moldova.

Also, scientific novelty consists in a comprehensive study of the judicial institute of protection of rights and freedoms, as in national law, and rule-making process of the European Court of Human Rights. On the basis of historical, legal, comparative law, the structural analysis of constitutional norms and other laws of the Republic of Moldova, jurisprudence of the European Court of Human Rights was concluded and offered recommendations that have practical significance.

The main scientific problem of this paper is addressed in a systemic and multi-aspectual approach to the scientific and practical problems such as that of constitutional right of citizens of the Republic of Moldova to the legal defense in the European Court of Human Rights.

This study revealed a complex realization of the right of to legal defense in the European Court of Human Rights, which includes different and multi-level basic components.

It has also been found to what extent the national legislation of the country in judicial matter and domestic constitutional principles, establish and promote the right of citizens of the Republic of Moldova to address the protection of his harmed interests to the European Court of Human Rights. We also managed to exhibit in a comprehensive and systemic-state approach – the ways and means of the constitutional right to defense in the supreme judicial entity available to citizens of Moldova as it is the European Court of Human Rights.

The theoretical significance and the work's applicability value consist in theoretical and practical conclusions that can be used in law-making, law-enforcement practice of the state authorities and administration, in the process of improving the legislation in the teaching of subjects such as: constitutional law, international law, European communities or European law, as well as a special course – regional protection of human rights and European Convention of human Rights (1950).

Implementation of the scientific results consists in: сonclusions and recommendations can be widely used by theorists who are exploring this area, as well as various entities of state government and administration, with a power e to strengthen national mechanisms for the protection of the rights and freedoms of natural persons and legal entities of the Republic of Moldova, to reduce the complaints against the RM in the Strasbourg Court.