Assessing the Implementation of ECtHR Judgments by Poland and Moldova
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RIS BIB ENDNOTEAssessing the Implementation of ECtHR Judgments by Poland and Moldova
Publication date: 2020
Przegląd Konstytucyjny, 2020, Issue 3 (2020), pp. 20-38
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Assessing the Implementation of ECtHR Judgments by Poland and Moldova
The aim of the paper is to assess the e?ectiveness of the activities of the Republic of Poland and the Republic of Moldova in terms of the implementation of the European Convention on Human Rights standards in some specifc human rights areas. The findings make it possible to identify the positive steps and setbacks that the Committee of Ministers faced in the supervision of judgment implementation executed by the concerned countries. Te paper focuses on the measures taken to enforce ECtHR judgments and describes the main problems identified by the ECHR in relation to both countries. The paper undertakes to explore the extent to which the European Court of Human Rights has improved the situation of human rights protection within these countries. The overview of the case law concerning both countries shows some common features but also some di?erences. Both countries have a history of violations of the European Convention on Human Rights, which is broader in the case of Moldova. The paper argues that the lack of human rights protection stems from the judiciary and state administrative bodies? failures. Tis has given rise to mistrust in decisions provided at the domestic level and explains why many Polish and Moldovan people place their hope in Strasbourg.
Cherviatsova A., The European Court of Human Rights: Bringing Together Le gal Systems, „Baltic Journal of Law & Politics” 2012, vol. 5:1.
Drzewicki K., Experiences of the first decade of ECHR implementation in Poland, XII Warsaw Seminar European Convention on Human Rights – 25 years of changes to Polish law and practice, Ministerstwo Spraw Zagranicznych 2017.
Gribincea V., Goinic D., Grecu P., Summary of violations found by the European Court of Human Rights regarding the Republic of Moldova, [Sinteza violărilor constatate de Curtea Europeană a Drepturilor Omului în privinţa Republicii Moldova], 2018, < http://crjm.org/wp-content/uploads/2018/03/Violari-20-de-ani.pdf >, accessed: 5 June 2020.
Gribincea V., Grecu P. and others, Execution of Judgments of the European Court of Human Rights by the Republic of Moldova for 2013–2014, Legal Resources Centre from Moldova 2015.
Keller H., Reception of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in Poland and Switzerland, Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht 2005.
Keller Stone H., Sweet A., A Europe of Rights: The Impact of the ECHR on National Legal Systems, Oxford Scholarship Online 2009.
Mayer G., Execution of European Court of Human Rights’ judgments against Poland – achievement of the last twenty years, Representation of the Republic of Poland before the European Court of Human Rights – over 20 years of experience of the Ministry of Foreign Affairs, Ministerstwo Spraw Zagranicznych 2017.
Scourfield McLauchlan J., The impact of the European Court of Human Rights on justice sector reform in the Republic of Moldova, „Journal of Liberty and International Affairs” 2018, vol. 4 (2), 9–24.
Information: Przegląd Konstytucyjny, 2020, Issue 3 (2020), pp. 20-38
Article type: Original article
Published at: 2020
Article status: Open
Licence: None
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