Legal Maxims: Summaries and Extracts from Selected Case Law

2018 ◽  
Author(s):  
Tarik Atmane ◽  
Simona Fanni ◽  
Adriana Fillol Mazo ◽  
Ana Cristina Gallego Hernández ◽  
Yolanda Gamarra ◽  
...  
Keyword(s):  
Case Law ◽  
Republic Of Moldova ◽  
The Republic ◽  
Grand Chamber

Case of Meier v. Switzerland, Application No. 10109/14, Third Section, Judgment, 9 February 2016Case of Mozer v. the Republic of Moldova and Russia, Application No. 11138/10, Grand Chamber, Judgment, 23 February 2016Case of Pajić v. Croatia, Application No. 68453/13, Second Section, Judgment, 23 February 2016...

Ždanoka v. Latvia – European Court of Human Rights

2007 ◽  
Vol 3 (2) ◽  
pp. 307-323 ◽  
Author(s):  
H.G. Hoogers
Keyword(s):  
Human Rights ◽  
20Th Century ◽  
Case Law ◽  
Member States ◽  
European Court ◽  
The Republic ◽  
To Come ◽  
Grand Chamber ◽  
The Right

On March 16, 2006, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its final judgment in the case of Tatjana Ždanoka against the Republic of Latvia. Although not the first decision under Article 3 of the first Protocol, the Ždanoka v. Latvia case was important, because it allowed the Court to come to a decision on an aspect of Article 3, first Protocol, which in earlier case law had not extensively been dealt with by the ECtHR: the right to be elected. Moreover, the case allowed the Court to make some statements of principle on another question with which numerous member states of the Council have been dealing throughout the 20th century: how far may a democracy go in protecting itself from (allegedly) undemocratic parties, groups or individuals?

The European Court of Human Rights: Catan and Others v. Moldova and Russia

2013 ◽  
Vol 52 (1) ◽  
pp. 217-267 ◽  
Author(s):  
Jan Arno Hessbruegge
Keyword(s):  
Human Rights ◽  
Language Education ◽  
Effective Control ◽  
Human Rights Violations ◽  
Right To Education ◽  
Republic Of Moldova ◽  
European Court ◽  
The Republic ◽  
Grand Chamber ◽  
The Right

On October 19, 2012, the Grand Chamber of the European Court of Human Rights (the Court) ruled that policies pursued by de facto authorities in the Transdniestrian region of the Republic of Moldova aimed at suppressing Moldovan-language education violated the right to education of the affected children and their parents. The Court held Russia responsible for these violations by virtue of the continued vital support Russia provides to the de facto authorities. Meanwhile, the Court found Moldova to have complied with residual human rights obligations it retained, despite lacking effective control over Transdniestria. This important judgment develops the jurisprudence of the Court in relation to human rights violations arising from conduct of de facto authorities. However, it does not fully clarify the standards the Court applies in attributing their conduct to third states.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

Promoting and supporting physical activity and sport among young people in the Republic of Moldova

2018 ◽  
Vol 13 (3) ◽  
pp. 158-164
Author(s):  
Serghei Cebanu ◽  
◽  
Mariana Tutunaru ◽  
Raisa Deleu ◽  
Angela Cazacu-Stratu ◽  
...  
Keyword(s):  
Physical Activity ◽  
Young People ◽  
Republic Of Moldova ◽  
The Republic

Republic of Moldova in the Context of Regional Security Challenges in Eastern Europe

2018 ◽  
pp. 299-304
Author(s):  
Stefan Tibuleac
Keyword(s):  
Eastern Europe ◽  
Security Policy ◽  
Security System ◽  
Regional Security ◽  
Strategic Uncertainty ◽  
European Security ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Impact

This article analyzes the most current security issues for the Republic of Moldova that are part of the regional security context of Eastern Europe –the region that can be considered the epicenter of international tensions through which the„geopolitical line of fracture”passes. The geographical position of the Republic of Moldova makes this state particularly sensitive to any negative trends in theregion. Growing of international tensions creates security threats and complicates economic development. From a historical point of view, Moldova has repeatedly fallen victim by the confrontation of the great powers. Therefore, the Republic of Moldova has a vital interest in preventing a new conflict in Eastern Europe. This article is based on a number of assumptions made by changes in the European security environment, such as the „shift of weight” to the East, strategic uncertainty, increasing the role of non-state actors, the situation in eastern Ukraine, etc. Based on these assumptions, this article makes an attempt to outline the potential role of the Republic of Moldova in the Eastern European security system, taking into account the desideratum for integration of the republic into the European Union. Other relevant factors will be taken into account for shaping the role of the Republic of Moldova in the European security system, namely: the security deficit; the impact of NATO and EU security policy; the rebirth of the project to create a regional defense alliance, etc. This article will largely take into account the military aspects of security. Keywords: Republic of Moldova, national security, Eastern Europe, NATO, Intermarium, defence, threats, risks, challenges

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