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The protection of the fundamental rights in the constitutional jurisdiction of the Republic of Moldova


Author: Zaporojan Veaceslav
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:2008
Scientific adviser: Sergiu Cobaneanu
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 25 December, 2007
Approved by NCAA on the 28 February, 2008

Abstract

Adobe PDF document – 0.76 Mb / in romanian

Keywords

Human rights, the main rights and liberties, constitutional justice, constitutional complaint, protection of the main rights, constitutional control, the leadership of Constitution, direct access of the persons to the constitutional jurisdiction.

Summary

This research represents a new way to study the problem of protection of the fundamental rights in the Constitutional Court of the Republic of Moldova. Being one the first scientific works in this sphere wrote in Moldova, the thesis defines the possibilities to proceed to the institution of the constitutional justice of Moldova in order to protect the fundamental rights, the ways of legislative improvement of this procedure and its necessity, and also the procedure of the inculcation in our country the institution of the direct access to the constitutional justice through the constitutional complaint.

The study of the fundamental rights protection in this work is realized through legal statute analysis, legal proceeding aspects and judicial practice of the constitutional justice accomplished in Moldova. The concept evolution of the human rights predetermined its implementation as a legal institute – the fundamental rights. The supreme mechanism of the fundamental rights protection in all democratic societies became the constitutional jurisdiction, no mater by whom it is realized: by the common courts, as in the American system, or by specialized control, as in the European model of the constitutional control.

The topic of the research represents the constitutional control in the Republic of Moldova as the supreme mechanism of the fundamental rights protection, which chose the European model of control. Studying the multiple aspects of this mechanism of protection we come to a conclusion, that at the moment it needs to be reformed in order to make the protection of main rights full.

This way, we consider that in our country appeared the pre-requisites of the constitutional complaint institution implementation, by the example of such countries as Germany, Slovenia, etc. Also it was generated by the fall of the amendments to the Constitution in the Parliament in 2005.

Through the different scientific methods of study, realizing the necessity of changes in such an important field need a detailed analysis of the problem and concrete solutions, there were introduced concrete suggestions and recommendations in order to solve this problem.

This thesis, having an applicative character, is called to supplant the lacuna in the studied field.