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Libertatea de gândire în contextul articolului 9 al Convenției Europene a Drepturilor Omului și al jurisprudenței Curții Europene a Drepturilor Omului

Автор: Suvac Sergiu
Степень:доктор юридических наук
Специальность: 12.00.10 - Международное публичное право
Научный руководитель: Mihail Poalelungi
доктор хабилитат, профессор
Институт: Международный Независимый Университет Молдовы


Диссертация была зашищена 16 декабря 2022 в ученом совете и находится на рассмотрении в Национальном Совете.


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CZU 341.645.5:341.231.14(043.3)

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to the doctoral thesis of Mr. Suvac Sergiu "Freedom of thought in the context of Article 9 of the European Convention on Human Rights and the case-law of the European Court of Human Rights" Free International University of Moldova, Chisinau, 2022 Thesis structure: introduction, 3 chapters, general conclusions and reccomendations, bibliography consisting of 185 titles, 141 pages of basic text. Key words: thinking, European Convention on Human Rights, European Court of Human Rights, international human rights law, forum internum, forum externum, freedom of thought, positive obligation, negative obligation Study domain: The doctoral dissertation is presented as a scientific research in the field of international human rights law, a branch of international public law, but also in the field of the Law of European Convention on Human Rights. Target of the work: is the deep and multiaspectual research of freedom of thought in the ECHR system as a fundamental human freedom and as a legal institution. Objectives: arising from the set goal are the following: defining freedom of thought; establishing the international and national regulatory framework on freedom of thought; exploring freedom of thought in the context of other rights guaranteed by the European Convention on Human Rights; determining the positive and negative obligations of the state in the field of Article 9 of the European Convention on Human Rights. The novelty and the scientifical originality of the obtained results from the original research in the national doctrine of international human rights law and the law of the European Convention on Human Rights of freedom of thought based on what was found and deduced by the court in Strasbourg. The originality of the investigation results additionally from the philosophical and legal approach to freedom of thought, but also from the conclusions formulated at the end. The result (s) obtained that contribute to solving an important scientific problem. The research contributes to solving the scientific problem expressed by establishing a clear concept of freedom of thought, determining the place and role of freedom of thought in human rights system with the aim of eliminating the confusion that accompanies the content of this fundamental freedom in the theory and practice of law. when elaborating the lege ferenda proposals for the adoption of a viable normative framework adapted to the international standards and the exclusion of judicial errors. The theoretical significance lies in the research that claims to be exhaustive of the local doctrinal material in the field, invoking the relevant studies signed by theorists from Romania, Russian Federation, USA, French Republic, United Kingdom, etc., with reference to the interpretation of the conventional, jurisprudential standard. in the field of freedom of thought, the identification of shortcomings in the procedure for their application at national level and, finally, their elimination on the basis of the solutions formulated. The applicative value of the thesis. The paper can serve as a doctrinal support for the curricula of university courses Law of the European Convention on Human Rights, Legal protection of human rights, Constitutional law. Likewise, the exposed scientific material can be consulted by the beneficiaries of the National Institute of Justice in order to acquire the information on the subject of the material law of the European Convention on Human Rights, a subject approached in the initial and continuous training. The implementation of scientific results: The results of the scientific investigation were presented and debated in scientific forums in the country and outside the Republic of Moldova. Some of the research results were presented in accredited journals. Addressed to all those interested in the nature and content of freedom of thought, the recommendations set out at the end can be consulted especially by the actors of the legislative process in order to increase the protection offered to individuals in the field of this fundamental freedom.