THE IMPACT OF THE EUROPEAN COURT OF HUMAN RIGHTS ON JUSTICE SECTOR REFORM IN THE REPUBLIC OF MOLDOVA

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Judithanne Scourfield McLauchlan

Abstract

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.


 

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How to Cite
Scourfield McLauchlan , J. . (2020). THE IMPACT OF THE EUROPEAN COURT OF HUMAN RIGHTS ON JUSTICE SECTOR REFORM IN THE REPUBLIC OF MOLDOVA. Journal of Liberty and International Affairs, 4(2), 9-24. Retrieved from https://e-jlia.com/index.php/jlia/article/view/119
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Author Biography

Judithanne Scourfield McLauchlan , University of South Florida St. Petersburg, USA

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 the rule of law, through monitoring activities and by litigating cases before the European Court of Human Rights.

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