Constitutional guarantees of the right to a fair trial
|
StatusThe thesis was presented on the 31 July, 2020 at the meeting of the Scientific Council and now it is under consideration of the National Council.Abstract – 0.34 Mb / in romanianThesisCZU 342.7:[343.13+347.9](043.3)
|
Keywords
constitutional guarantees, fair trial, mechanisms for ensuring the observance of the fundamental rights, judicial independence, trial publicity and contradictoriality, proceedings celerity, presumption of innocenceSummary
The thesis includes: An introduction, four chapters, conclusions and recommendations, bibliography including 280 titles, 161 text pages. The results gained have been published in 8 scientific works, the total volume of publications on the thesis topic is of about 3.37 c.a.
Thesis’s goal. The work’s goal is to approach how the guarantees to a fair trial are regulated and implemented at constitutional level and how compatible they are with the requirements set pout in the European Convention on Human Rights, and how states fulfill the responsibility to implement a normative framework designed to protect any person against the judicial arbitrary.
Thesis’s objectives. To reach this goal the following objectives should be achieved: to define the concept of fair trial from the viewpoint of approaches mirrored in the modern doctrine and constitutional provisions; to identify international instruments dedicated to the right to a fair trial; to analyze the system of constitutional guarantees relevant for the protection of human rights and freedoms; to study the system regulating the guarantees to a fair trial by determining their basic elements; to highlight the basic role of the practice of the Constitutional Court to ensure the appropriate implementation of guarantees to a fair trial.
Scientific novelty and authenticityare determined by the goal and objectives derived from how the issue has been approached, from the nature of research subject matter. Therefore, the scientific novelty is provided by the analysis of steps the constitutional guarantees of the right to a fair trial are applied by the local judiciary system, by emphasizing the drawbacks in implementing and providing solutions to remove the drawbacks found.
The results obtained that contributes to solution of an important scientific problem lies in identifying solutions designed to optimize the mechanism of ensuring the observance of the right to a fair trial by establishing the right to a fair trial at constitutional level and by filling up or enlarging the area of guarantees set out at constitutional level.
Work’s theoretical significance. Theoretical conclusions set out in the paper shall contribute to develop the Constitutional Law, especially to study the mechanism to ensure the observance of human rights, especially of the right to a fair trial. The research’s results shall serve as basis for developing some synthetic works and not only for the constitutional law, but also for the criminal or civil proceedings as it provides for fundamental rules to carry out a trial in close interaction with mechanisms set at constitutional level meant to ensure the observance of those rules.
Practical value of thesis. Analyses, conclusions and recommendations herein referring to optimization of applicability of the constitutional guarantees of the right to a fair trial shall set up a theoretical and practical background that could contribute to strengthen the rule of law state in the Republic of Moldova.
Implementation of results obtained: from theoretical and scientific viewpoint it has been shaped and analyzed the content of the constitutional and international guarantees applicable to the Moldovan legal system related to achieving the right to a fair trial. From the legislative and normative viewpoints, it has been analyzed the legal framework in the field of guarantees securing the observance of the right to a fair trial. From the practical and jurisprudence viewpoint, it has been studied a variety of casuistic works based both on ECHR’s decisions and the Moldovan Constitutional Court’s decisions.
Oficial Reviewers
- Ion Guceac
doctor habilitat, professor, Moldova State University - Teodor Cârnaţ
doctor habilitat, professor, - Silvia Goriuc
doctor, associate professor (docent)
Council's Members
- Valentina Coptileţ, member
doctor, associate professor (docent), Moldova State University - Veaceslav Zaporojan, member
doctor, associate professor (docent), Moldova State University
Theses
Under consideration [1] :
Theses Archive:
