Judithanne Scourfield McLauchlan
Dr. Judithanne Scourfield McLauchlan is an Associate Professor of Political Science and Founding Director of the Center for Civic Engagement at the University of South Florida St. Petersburg, where she teaches courses in American Government and Public Law. McLauchlan was awarded the American Political Science Association and Pi Sigma Alpha's Certificate for Outstanding Teaching in Political Science, USF's Chancellor's Award for Excellence in Teaching, and the USF Outstanding Faculty Award. Her book "Congressional Participation as Amicus Curiae before the U.S. Supreme Court" explores how Members of Congress attempt to influence Supreme Court decision-making in specific cases. In addition to her scholarly activities, Professor McLauchlan has extensive experience in American government and politics. McLauchlan worked at the US Supreme Court, the US Senate Judiciary Committee, the US Department of Justice, and the White House. McLauchlan was a Fulbright Scholar to Moldova in 2010, and she was awarded a returning Fulbright to Moldova Summer 2012. While in Moldova she taught courses in constitutional law and judicial process and conducted research related to the impact of the European Court of Human rights on judicial reform in Moldova. McLauchlan was a Fulbright Scholar in Macedonia in 2017. Her award was Rule of Law and Civil Society, and she taught courses in Constitutional Law and Democracy and Civil Society. Her current research project examines the role of civil society in strengthening rule of law, through monitoring activities and by litigating cases before the European Court of Human Rights.
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Journal of Liberty and International Affairs | Vol. 4, No. 2 | November 2018
Judithanne Scourfield McLauchlan
For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova's Justice Sector Reform Strategy (2011-2015), the Council of Europe's Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova's National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.
European Court of Human Rights; Moldova; human rights; judicial reform

1. American Bar Association (ABA) Rule of Law Initiative (ROLI) in Moldova http://www.americanbar.org/
2. Center for Human Rights in Moldova. http://www.ombudsman.md/en
3. Constitution of the Republic of Moldova. http://www.presedinte.md/const.php?lang=eng
4. Council of Europe Committee of Ministers. Annual Reports. https://www.coe.int/en/web/execution/annual-reports
5. Council of Europe. European Court of Human Rights. Republic of Moldova Country Reports. http://www.echr.coe.int/Documents/CP_Republic_of_Moldova_ENG.pdf
6. Council of Europe. European Court of Human Rights. Statistics Reports. http://www.echr.coe.int/Pages/home.aspx?p=reports&c=#n1347956587550_pointer
7. Council of Europe. European Court of Human Rights. Department of Execution of Judgments. "Republic of Moldova: Country Factsheet." https://rm.coe.int/1680709756
8. Council of Europe. European Court of Human Rights caselaw database, HUDOC. www.hudoc.echr.coe.int
9. Council of Europe, Committee on Legal Affairs and Human Rights, "Implementation of Judgments of the European Court of Human Rights: Republic of Moldova, Poland, and Romania." 28 September 2012. http://website-pace.net/documents/19838/1085720/20150623-ImplementationJudgements8-EN.pdf/67c5cb2a-3032-4183-9f3e-45c668257ede
10. Council of Europe, Commissioner for Human Rights, "Judicial Reform Needs to be Accelerated in the Republic of Moldova." 30 September 2013. https://www.coe.int/en/web/commissioner/-/judicial-reform-needs-to-be-accelerated-in-the-republic-of-moldova?desktop=true
11. Council of Europe. "Action Plan to Support Democratic Reforms in the Republic of Moldova 2013-2016." 15 November 2013. https://rm.coe.int/16802ed0b5
12. Council of Europe. "Action Plan for the Republic of Moldova 2017-2020." 17 January 2017. https://rm.coe.int/16807023ee
13. Council of Europe. Commissioner for Human Rights of the Council of Europe. Report by Nils Muiznieks, 20 September 2013. https://rm.coe.int/ref/CommDH(2014)21
14. Council of Europe, Committee on Legal Affairs and Human Rights. "New Threats to the Rule of Law in Council of Europe Member States: Selected Examples." 7 September 2017. Rapporteur: Mr. Bernd Fabrituius. (Examples included the Republic of Moldova, as well as Bulgaria, Romania, Turkey, and Poland)http://website-pace.net/documents/19838/3254453/20170905-RuleOfLawThreats-EN.pdf/4c3e2ad1-66f3-497c-8906-3bdbeb2de24a
15. European Commission. High Representative of the Union for Foreign Affairs and Security Policy. "Joint Staff Working Document: Association Implementation Report on the Republic of Moldova." 10 March 2017. https://eeas.europa.eu/sites/eeas/files/association_implementation_report_on_the_republic_of_moldova_2017_03_10_final.pdf
16. European Union. Marina Matic Boskovic. "Justice Sector Future Reform Policy Instruments and Framework in Moldova." Project to Support Coordination of Justice Sector Reform in Moldova. December 2015. http://www.justice.gov.md/public/files/transparenta_in_procesul_decizional/consultatii_publice/1_8_ATT_N_New_Policy_Instruments_Report.pdf
17. Human Rights Embassy. http://humanrightsembassy.org/
18. Ministry of Justice, Republic of Moldova. Justice Sector Reform Strategy. http://www.justice.gov.md/
19. Organization for Security and Co-Operation in Europe. OSCE Mission to Moldova. http://www.osce.org/moldova
20. Raimondi, Guido (President of the European Court of Human Rights). "Moldova and the European Convention on Human Rights: Insights from Strasbourg on the 20th Anniversary of Ratification." Constitutional Court of the Republic of Moldova. 18 October 2017. http://www.constcourt.md/libview.php?l=en&id=1082&idc=9&t=/Media/Publications/Moldova-and-the-European-Convention-on-Human-Rights-Insights-from-Strasbourg-on-the-20th-anniversary-of-ratification/
21. United States Department of State. "Human Rights Report: Moldova," Country Reports, http://www.state.gov/
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