INVESTIGAȚIILE SPECIALE ÎN SERVICIUL SIGURANȚEI PUBLICE ȘI AL STATULUI DE DREPT: PROVOCĂRILE REGLEMENTĂRII JURIDICE ȘI ALE CONTROLULUI DEMOCRATIC ÎN REPUBLICA MOLDOVA
SPECIAL INVESTIGATIONS IN THE SERVICE OF PUBLIC SECURITY AND THE RULE OF LAW: CHALLENGES OF LEGAL REGULATION AND DEMOCRATIC CONTROL IN THE REPUBLIC OF MOLDOVA

Summary/Abstract: Special investigations represent one of the most sensitive legal instruments positioned at the intersection between the necessity of ensuring public safety and the imperatives of the rule of law. In the Republic of Moldova, the evolution of the legal framework governing secret investigations reflects a major transition from a model driven mainly by political interests to one oriented towards the public interest and the protection of fundamental rights. The 2023 legislative reform produced a profound conceptual reconfiguration, eliminating tasks related to fighting crime and limiting the application of special measures to specific purposes such as preventing crime and maintaining public order. This transformation generated doctrinal and practical challenges, including the lack of a coherent legal definition of special investigative measures, ambiguity of authorization criteria, and absence of effective external or parliamentary control mechanisms. The analysis highlights the impact of these gaps on proportionality, legality, and confidentiality, as interpreted in ECHR case law. The paper advocates for strengthening the normative and institutional framework for democratic control over special investigations as an essential prerequisite for balancing effectiveness and human rights protection in a democratic state governed by the rule of law.

• Details
• Contents