ECHR precedents in criminal matters regarding the protection of the right to life Cover Image

Precedente ChEDO în materie penală privind protejarea dreptului la viaţă
ECHR precedents in criminal matters regarding the protection of the right to life

Author(s): Radion Cojocaru, Sergiu Cojocaru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: criminal offence; the right to life; positive obligations; negative obligations;

Summary/Abstract: The only court that is entitled to give official interpretations on the application of the European Convention, through its judgments, is the ECHR. In the sense of the Article 46 of the European Convention, ECHR judgments are binding. By acceding to the Convention, the Contracting States have undertaken to comply with the final judgments of the Court in the disputes to which they are parties. On the one hand, the interpretations of the ECHR contained in its decisions, adopted regarding the Republic of Moldova, are binding for the national courts. On the other hand, national courts, in order to respect human rights and fundamental freedoms, must alsotake into account the jurisprudence of the ECHR established in its judgments in relation to other States Parties to the European Convention. This article addresses the issue of interpreting of the national criminal law on the protection of human life through the existing ECHR jurisprudence in the field of violation of Article 2 of the European Convention.

  • Issue Year: 1/2020
  • Issue No: 11
  • Page Range: 21-29
  • Page Count: 9
  • Language: English, Romanian