Facultatea de Drept / Faculty of Law
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Item JURISPRUDENȚA CtEDO PRIVIND ASIGURAREA RESPECTĂRII DREPTURILOR COPIILOR(CEP USM, 2024) Chirtoacă, LiliaThe ECtHR has a vast jurisprudence in the field of children’s rights. Numerous cases regarding the rights and freedoms regulated by the European Convention on Human Rights and / or its additional protocols, through dynamic interpretation and under the current conditions, touch upon the respect for the rights of children and the protection of minors, as well as the safeguarding of parental rights. The ECtHR has consistently maintained that national authorities bear the responsibility of protecting children’s interests by adopting reasonable protective measures, effectively investigating alleged accusations, and applying effective remedies. National authorities, social services have the duty to achieve a fair balance between different parties’ interests, as well as to ensure that children are protected against any form of discrimination.Item DREPTUL LA UN MEDIU SĂNĂTOS ÎN JURISPRUDENȚA CtEDO(CEP USM, 2023) Chirtoacă, LiliaIn the European Convention of Human Rights, in the provisions of Article 8, the right to a healthy environment is not presented as a stand-alone right, but rather is encompassed within other protected elements. Jurisprudence in the field of the environment has developed mainly on the basis of the findings of the European Court. Therefore, although the European Convention does not explicitly refer to a right to a healthy environment, the Court’s jurisprudence includes a variety of situations that trigger the application of Article 8, namely situations involving dangerous activities, which could seriously affect the life and health of people. Thus, according to ECtHR jurisprudence, states have an obligation to ensure to persons under their jurisdiction an adequate environment, unaffected by any form of serious pollution, which would endanger the life and health of persons or would infringe upon the right to private life.Item IMPACTUL PANDEMIEI ASUPRA STATULUI DE DREPT ŞI LIBERTĂȚILOR FUNDAMENTALE ALE OMULUI(CEP USM, 2021-12-08) Chirtoacă, LiliaFinding a balance between fundamental liberties, on the one hand, and the public health policies required for overcoming the crisis wrought by the pandemic, on the other hand, is a difficult task. In this context, it is essential to evaluate the necessity and proporti- onality of the legislation adopted in the period of public health emergency, as well as iden- tify efficient guarantees in the case where governments put in place exceptions, derogati- ons, or restrictions on human rights. More specifically, these limitations on human rights need to be examined according to the tests of legality, legitimacy, and proportionality.Item DREPTUL DE ACCES LA INFORMAȚII ÎN JURISPRUDENȚA CEDO(CEP USM, 2023) Chirtoacă, LiliaAccording to ECtHR jurisprudence, the collection of information is an important preparatory stage in carrying out activities aimed at opening a public debate or constitutes an essential element of participation in such a debate. The information, data or documents to which access is requested and would be disclosed must comply with the criterion of public interest, which is established based on the circumstances of the case. The purpose of the request for information, the nature of the requested information, the role of the applicant, and the availability of information are the relevant criteria as found in the Court’s jurisprudence, which must be examined and evaluated cumulatively, depending on the circumstances of each individual case.Item ADMINISTRAREA MASEI SUCCESORALE(CEP USM, 2020) Chirtoacă, LiliaItem ADMINISTRAREA MASEI SUCCESORALE(CEP USM, 2020) Chirtoacă, LiliaItem ACTUALITATEA ȘI IMPORTANȚA PRACTICĂ A IMPLEMENTĂRII GUVERNĂRII ELECTRONICE(CEP USM, 2018) Chirtoacă, LiliaElectronic governance supports the administrative processes, improves the services’ quality and positively impacts the internal efficiency of the public sector. E-governance has redefinied the interaction between the governing body and citizens, as the amelioration consists in the facilitated access to public information, decisional transparency, collaboration and involvement, mediated by the informational technologies, which should assure the responsabilization of the authorities, especially via the more effective use of public ressourcesItem RESPECTUL DATORAT FIINȚEI UMANE ȘI DREPTURILE EI INERENTE ÎN JURISPRUDENȚA CEDO(Tipografia Artpoligraf, 2021) Chirtoacă, LiliaThe European Convention on Human Rights is a tool for the protection of human rights. The text of the Convention cannot be interpreted separately from its jurisprudence, which evolves continuously and is appreciated for its value, its pontential to consolidate protection and to exclude abusive practices regarding the fundamental human rights and liberties guaranteed by the Convention.Item JURISPRUDENŢA CURŢII EUROPENE A DREPTURILOR OMULUI PRIVIND PROTECŢIA DATELOR CU CARACTER PERSONAL ŞI VIAŢA PRIVATE(Tipografia Artpoligraf, 2019) Chirtoacă, LiliaThe jurisprudence of the european court of human rights, regarding the protection ofpersonal dataandthat ofprivate life highlightsrelevant practical aspects of the constitution of evidence and the use of specific arguments in the ECHR. For instance, concerning the approach used to solve cases from this field, the jurisprudence of the European Court of Justice is also important, serving as a model for the jurisprudence of ECHR. The jurisprudence of ECJ is appreciated and respectively, recommended as an example of good practice. We, thus, acknowledge the possibility to consolidate the protection in the above-mentioned field and to exclude the abusive practices by using jurisprudence and comparative strategies. The cases from the judiciary practice of a certain country or judicial system can be valuable to other countries, including the Republic of Moldova, by presenting effective judiciary solutions. ECHR is the authority responsible of interpreting the Convention of Human Rights,the two of them representing a whole.Item DREPTUL LA PROTECȚIA DATELOR. ECHILIBRAREA DREPTURILOR(CEP USM, 2018) Chirtoacă, Lilia