Liberul acces la justiţie în legislaţia naţională şi prevederile convenţiei europene pentru apărarea drepturilor omului şi a libertăţilor fundamentale

Abstract

Recently, the Republic of Moldova undertook a series of commendable efforts aimed at reforming the judiciary, efforts that constitute the first steps at the assimilation of democratic values and achievements in that respect. Nevertheless the state faces some issues of great importance in the matter of ensuring the rights established by the Convention, including the rights that establish access to justice. The author considers that along with the enshrinement of the respective fundamental right in the Constitution, the state must establish specific measures destined to guarantee the utmost important principle of law enshrined; among these measures: improvement of the legal framework related to judicial expenditure in order to facilitate access to justice in general, as well as for disadvantaged members of society; improvement of the legal framework regarding legal assistance in civil, criminal, contraventional and litigation matters, by means of introduction of certain facilities of bail payment in civil and commercial matters, establishment of objective criteria in providing free legal assistance; improvement of the enforcement system in civil and commercial matters, by means of elimination of the prepayment fees of the executors for low-income individuals; legal training and information of citizens on the forms and conditions necessary for obtaining legal aid.