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CHIRTOACĂ, Leonid; CHIRTOACĂ, Natalia. Principii aplicabile în procedura Curții Europene a Drepturilor Omului. In: Studii şi cercetării juridice. Partea 1, 29 iunie 2020, Chişinău. Chișinău, Republica Moldova: Institutul de Cercetări Juridice, Politice și Sociologice, 2020, pp. 19-30. ISBN 978-9975-3201-2-2.
|Studii şi cercetării juridice
Partea 1, 2020
Sesiunea "Studii şi cercetării juridice" |
Chişinău, Moldova, 29 iunie 2020
The human rights protection mechanism set up by the European Court of Human Rights (ECtHR), also known as the „Strasbourg Court”, aims to systematise the procedure for human rights complaints against Council of Europe member states. The Republic of Moldova became a member of the Council of Europe on July 13, 1995, and the European Convention on Human Rights (ECHR) was ratified by the Parliament of the Republic of Moldova on July 24, 1997. The European Court of Human Rights should not be confused with the Court of Justice of the European Union (CJEU), which is based in Luxembourg and is responsible for resolving disputes and issues concerning European Union law. The principles applicable in the proceedings of the European Court of Human Rights create a complex unitary system of criteria for the interpretation and application of the text of the Convention, as well as the conditions to be observed by applicants in the process of defending their rights before the Court. These principles, in addition to ensuring the unity, homogeneity, coherence and balance between the positive obligation of states to respect human rights and the mechanism of their protection have an important role to play in the administration of justice, and those empowered to apply the Convention must know not only the legal norm, but also its spirit. Theoretical and practical knowledge of the principles applicable in the ECtHR procedure outlines guidelines for the entire legal system and takes constructive action to guarantee fundamental human rights and freedoms.