Implementation of judgements of the European Court of Human Rights : a tool for establishing a language of law: the case of Moldova

Abstract

The thesis is a reflection on the impact of the implementation of judgments of the European Court of Human Rights on the legal order of the Republic of Moldova. By assessing on legal realities and practical peculiarities, illustrating on challenges, achievements and difficulties encountered and also considering the attitude shown by the Moldovan authorities and other actors towards a full and expeditious implementation of the Court’s judgments, like in a puzzle, the identifying characteristics of the existing practice in the field are brought to light. Moldova has become more ‘fluent’ in the Convention terms by undertaking concrete steps to regulate a mechanism of coordination and monitoring when implementing Strasbourg rulings, working day-by-day to change the record on the Committee of Ministers’ Agenda and before the European Court. However, the reality is controversial; regardless of the circumstances that might condition or even affect the process of implementation, it urges for more speedy and effective actions. It is about dialogue and commitment, responsibility and contribution, improvements that might be considered and, certainly, about genuine protection of human rights and fundamental freedoms. When carrying out individual or general measures de minimis effects should be transformed in long-term ‘investments’ in guaranteeing the core democratic values.