The compensations provided in respect of non-pecuniary damages are much lower in value than those awarded by the European Court of Human Rights in comparable cases. The examination of cases is long-lasting and the quality of argumentation of decisions needs to be improved, the Legal Resources Center of Moldova ascertained after analyzing 176 cases solved irrevocably during October 2017 – March 2020, under Law. No. 87. This law offers the persons whose cases in court are examined excessively slowly or when the decisions in whose favor are not executed long the possibility of asking for damages. The judges are obliged to examine these lawsuits during a short period of time, IPN reports.
According to Ecaterina Popșoi, of the Legal Resources Center, the conclusions concerning the modest results of the compensation mechanism are similar to those of 2014, when the Center analyzed over 90% of all the procedures started under Law No. 87 and in which an irrevocable judgment was passed during September 2012 – October 2013. The recent analysis shows lack of noticeable progress compared with the previous findings. To remove the existing problem, the Center recommends modifying the procedure for providing compensations for violation of the reasonable timeframe by instituting an extra-judiciary mechanism so that the compensations are provided by the Ministry of Justice based on clear criteria. Similar mechanisms work efficiently in the Czech Republic, England, and Spain.
If the current mechanism is maintained, a system that would ensure the examination of urgent cases, including those under Law No. 87 should be introduced in courts. Also, the Supreme Court of Justice should institute practices that would ensure the appropriate compensation for the violation of the reasonable timeframe for examining the case and monitor the way in which this type of cases are examined so as to adjust the practice to the ECHR standards.
The president of the Legal Resources Center of Moldova Vladislav Gribincea said the ECHR in 2009 indicated that Moldova has a systemic problem related to the non-execution of court judgments on the provision of dwellings. By the decision in the case of Olaru versus Moldova, the ECHR showed that the state should create legislation that would offer the right to compensation to those affected in such cases. In 2011, this legislation was adopted and the ECHR dismissed over 300 pending applications as inadmissible and recommended the plaintiffs to ask for compensation based on Law No. 87 at national level.
There are now about 200 non-executed court judgments on the provision of dwellings in Chisinau and in other localities in Moldova.
Attending the online presentation of the study, secretary of state at the Ministry of Justice Radu Foltea said the Ministry is interested in detailing the communication on the mechanisms mentioned by the study authors so as to see how these act in other countries and to identity a mechanisms appropriate for Moldova.
