RECOVERY OF DAMAGES CAUSED IN CONNECTION WITH THE VIOLATION OF THE PROCEEDINGS WITHIN A REASONABLE TIME, A NOVELTY IN THE LEGISLATION OF THE REPUBLIC OF MOLDOVA
DOI:
https://doi.org/10.18662/eljpa.2014.0102.03Keywords:
Violation of proceedings, novelty in legislation, Republic of Moldova, delayed examination.Abstract
In Moldova, the problem of delayed examination of cases in courts and enforcement of judgments is current as delay occurs usually due to excessive postponement of hearings; the complex nature of the dispute; misuse of appeals by parties to the proceedings; performing acts of expertise for long periods etc. Since the European Court of Human Rights in numerous decisions held that the states parties of the Convention are obliged to organize their judicial system in such a way as to enable compliance with all requirements of art. 6, par. 1 and in particular those relating to "reasonable time" and not once Moldova was sanctioned for these violations, in order to avoid infringement of the person at the trial and final judgment within a reasonable time and not to be penalized the High Court, the Republic of Moldova adopted the Law no. 87 of 21.04.2011 on the state repairing the damage caused by the violation of the right to trial within a reasonable time, or the right to cause the execution of the judgment within a reasonable time. According to this law, if any natural or legal person considers that the right for a trial within a reasonable time, or the right to cause the execution of the judgment within a reasonable time was violated, one may address the court a request for summons concerning the establishment of such violations and damages caused by the breach. This novelty in the legislation of Moldova confirms strict compliance of the state with the commitments to international treaties and care for the fundamental rights of the person.
Chirtoaca, L. (2014). RECOVERY OF DAMAGES CAUSED IN CONNECTION WITH THE VIOLATION OF THE PROCEEDINGS WITHIN A REASONABLE TIME, A NOVELTY IN THE LEGISLATION OF THE REPUBLIC OF MOLDOVA. European Journal of Law and Public Administration, Year, 2014, Issue 2, December, pp. 25-35. DOI: http://dx.doi.org/10.18662/eljpa.2014.0102.03
References
Constitution of Republic of Moldavia, Official Monitory no.1 from 18.08.1994 .
European Convention for the Defence of Huma Rights and Fundamental Liberties, ratify by the Decision of the Parliament of Republic of Moldavia no. 1298-XIII from July 24, 1997, International Treaties which Republic of Moldavia is part, Official Monitory, official Edition, vol.I Chisinau, 1998.
Constantin Stefanscu, Corneliu Barsan, The General Theory of obligations, Ed. ALL, Bucharest, 1996.
Ioan Dorel Romosan, The guilty in Romanian Civil Code, Ed. C.H.Beck, Bucharest, 1999.
Eliescu M., The Delictual civil Responsability, Ed. Academiei, Bucharest, 1972.
Liviu Pop, G. Hoffer, Regarding the fondation of responsability without guilt of parents for the prejudices caused by their minor childrens, Studia Jurisprudentia Journal, Cluj Napoca, no.1/1982
Leonid Chirtoacă, Civil Law. General Part, Ed. CEP USM, Chişinău, 2008.
International Treaties which Republic of Moldavia is part, Official Edition, vol.I, Chisinau, 1998.
The Resolutions and Decisions ECHR in Moldavian cases vol.I-X, Ed. Cartier and Gunivas, Chisinau, 2007-2009.
The Decision of Constitutional Court no.55 from October 14, 1999 regarding the interpretation of some stipulations of article 4 from Constitution of Republic of Moldavia.
The Decision of Plen of Supreme Court of Justice of Republic of Moldavia regarding the application by the judegment courts of legislation which regulate the repair of the moral prejudice, no.9 from October 9, 2006, The Supreme Court of Justice Bulletin of Republic of Moldavia, 2007, no. 2.
The Criminal Code of Republic of Moldavia with last modifications and completions from OM of Republic of Moldavia, Ed. a 2-a, Chisinau, Prag-3, 2011.
The Contravention Code of Republic of Moldavia, with last modifications and completions from OM of Republic of Moldavia Ed. a 2-a-Ch: Prag-3 SRL, 2011.
The Civil Code Comentary of Republic of Moldavia, vol.II, Ed. ARC, 2nd edition, April 2006.
The Civil Procedure Code, Official Monitory no.111-115 from 12.06.2003, Ed. Farmec Lux, Chisinau, 2012.
Law no. 1545 from February 25, 1998 regarding the way of repair of the prejudice caused by illegal actions of the criminal chasing, prosecutor office and courts organs, Official Monitory of Republic of Moldavia no. 50 from June 4, 1998.
Law no. 87 from April 21, 2011 regarding the repair by the state of the prejudice caused by violation of right to judgment in a resonable term of case or to right to execution in resonable term of the decision of court, Official Monitory of Republic of Moldavia no. 107-109, article 28, published at July 1, 2011.
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