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  • Author: Judithanne Scourfield McLauchlan
  • Publication Date: 11-2018
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova’s Justice Sector Reform Strategy (2011-2015), the Council of Europe’s Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova’s National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.
  • Topic: Human Rights, Reform, European Union, Judiciary
  • Political Geography: Europe, Moldova
  • Author: Klodiana Beshku, Orjana Mullisi
  • Publication Date: 11-2018
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: This paper tries to further elaborate one of the most important external powers of the European Union: Its “reforming power” which goes in parallel with its ability as “normative actor” in the Western Balkans. Through Albania as a case study, it tries to argue that the process of Albania’s integration to the EU has transformed the country in several directions: by introducing a deep juridical reform and by the full alignment of its foreign policy with CFSP and the “regional cooperation”. In fact, under the auspices of the EU integration, the country is making all the efforts to deliver on one of the most transformative reforms undertaken in the region, that of the justice system. This gives to EU the features of a “reforming power”. The term shows the EU as a driving force which makes countries undertake deep reforms they would not have differently realized, if not under the conditionality for the EU integration.
  • Topic: Regional Cooperation, Reform, European Union
  • Political Geography: Europe, Albania
  • Author: Francesco Trupia
  • Publication Date: 10-2016
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: This article aims to examine the ethnic minorities’ state of affairs in light of the constitutional reforms in Armenia since President Serzh Sargsyan decided to open the consultations with the parliamentary factions in November 2005. Policy-makers and representatives on behalf of ethnic minority groups have been taking relevantly place at the recent wave of democratic protests throughout the process of constitutional reforms in order to entrench a more stable multiparty system, an independent judiciary, new balances between State and civic society. Hence, what is the reason to endorse those tiny ethnic groups such as wealth of minority rights and political recognition? Why have ethnic Armenian minority groups not had objections or particular regrets in the constitutional reform processes? In turn, may this high level of internal recognition of ethnic minority groups foster assistance to Armenian minorities and protect Armenian heritage into the de facto entities of the South Caucasus?
  • Topic: Religion, Minorities, Reform, Constitution, Ethnicity, Freedom of Expression
  • Political Geography: Armenia