Assessing the Implementation of ECtHR Judgments by Poland and Moldova

• Authors: Daniel Goinic

Title variants

PL

Ocena wykonania orzeczeń ETPCz przez Polskę i Mołdawię

• Languages of publication: EN

Abstracts

PL

The aim of the paper is to assess the effectiveness 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 differences. 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.

• Publisher: Uniwersytet Jagielloński, Krakowski Instytut Prawa Karnego Fundacja
• Journal: Constitutional Review
• Year: 2020
• Issue: 3

Dates

published

2020-10-31

online

2020-10-31

Contributors

author

Daniel Goinic