The right to life – independence of investigations in the light of the ECtHR juresprudence in moldovan cases Cover Image

Dreptul la viață – independența investigațiilor prin prisma jurisprudenței CtEDO în cauzele moldovenești
The right to life – independence of investigations in the light of the ECtHR juresprudence in moldovan cases

Author(s): Ion Covalciuc, Daniel Cristea
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: right to life; homicide; positive obligations; negative obligations; impartial investigations;

Summary/Abstract: Although the approach to the right to life has undergone a constant dynamic based on the level of development and the values promoted by society, its importance remains undisputed. The fact that the right to life is currently on the agenda of European courts is not surprising. As it is evident that the right to life is the foundation of all other fundamental rights and freedoms of the individual. The manner in which this right is treated, including from the perspective of impartial investigations, cannot fail to have repercussions on how other rights are ultimately treated. At the same time, we cannot overlook the advantage of the European justice system, which, as a supranational justice system, has access to a wealth of empirical material and influences not only jurisprudence, but also the legislative process in national entities. This results in the identification of the best practices for protecting the right to life, and ultimately their transposition at the national level, in anticipation of any potential threats to this right.

  • Issue Year: 1/2023
  • Issue No: 17
  • Page Range: 108-117
  • Page Count: 10
  • Language: English, Romanian