Exigențele CEDO privind reglementarea națională a investigațiilor speciale
The ECHR requirements regarding the national regulation of special investigations
Author(s): Boris Glavan, Elena CicalaSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: ECHR; special investigative measures; human rights; proportionality; private life; judicial control; ECtHR case law; Republic of Moldova;
Summary/Abstract: The relevance of this research lies in the need to harmonize the national legal framework governing special investigative measures with the requirements established by the European Court of Human Rights (ECtHR). The paper examines, from a theoretical and practical perspective, how the ECtHR jurisprudence - particularly in Klass, Zakharov, Szabó and Vissy, and Iordachi and Others v. Moldova - defines the limits of legitimate state interference with private life. The scientific novelty consists in the systematization of compliance criteria (clarity, foreseeability, proportionality, and effective judicial control) and in assessing the extent to which these have been transposed into Moldovan legislation. The conclusions highlight the need to strengthen control mechanisms and procedural safeguards to ensure the effective protection of human rights in the context of special investigative measures.
Journal: Acta Universitatis George Bacovia. Juridica
- Issue Year: 14/2025
- Issue No: 2
- Page Range: 407-430
- Page Count: 24
- Language: English, Romanian
