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137-604: The Metropolis of Bessarabia was created in 1918, as the Archbishopric of Chișinău , and organized as a Metropolis , in 1927. Inactive during the Soviet occupation of Bessarabia (1940–1941) and the Soviet rule in Moldova (1944–1991), the Metropolis of Bessarabia was re-activated on 14 September 1992, and raised to the rank of exarchate , in 1995. The current Metropolitan of Bessarabia

274-857: A vassal of the Ottoman Empire). Between 1711 and 1812, the Russian Empire occupied the region five times during its wars against the Ottoman and Austrian Empires . By the Treaty of Bucharest of May 28, 1812—concluding the Russo-Turkish War of 1806-1812 —the Ottoman Empire ceded the land between the Pruth and the Dniester, including both Moldavian and Turkish territories, to the Russian Empire . That entire region

411-576: A "demise" of margin of appreciation). Narrowing margin of appreciation is a target of criticism for those who believe that the ECtHR should minimize its role, especially from the United Kingdom. Proponents of a stronger recognition of margin of appreciation cite local conceptions of human rights, specific to the context of each country and its culture, and the risk of handing down judgements that lack local cultural and grassroots legitimacy. Critics argue that

548-507: A "natural and rational distribution of agricultural property", it also led to fragmentation of agricultural land. This made the practice of intensive agriculture difficult, since peasants had reduced opportunity to purchase agricultural equipment. Towards the end of the Communist period, the two interwar concepts of development and modernization were re-embraced. After the fall of Communism , Romanian historiography treated Bessarabia mainly in

685-580: A Russian boy. Another newspaper, Свет (Lat. Svet, meaning "World" or Russian for "Light"), used the age-old blood libel against the Jews (alleging that the boy had been killed to use his blood in preparation of matzos ). After the 1905 Russian Revolution , a Romanian nationalist movement started to develop in Bessarabia. In the chaos brought by the Russian revolution of October 1917 , a National Council ( Sfatul Țării )

822-509: A complex phenomenon, which also required further mechanism to support the new owner. However, agriculture was ignored by the state, and the new owners were greatly affected by the lack of credit, Romanian authors of the time suggested various ways this situation could have been overcome. Ultimately, as the state failed to create an adequate agricultural policy, by the end of the 1920 authors were hoping progress could be made through private initiative. Romanian authors also paid particular attention to

959-451: A different degree of their adaptability to the new conditions. The modernization interwar period is also seen as the third phase of a continuous process, begun in the eighteenth and nineteenth centuries and brutally interrupted by the establishment of Communism. In this context, some authors consider the comparative studies of the interwar and post-Communist periods in different fields as particularly current. Soviet historiography considered

1096-510: A general Romanian context in relation to the previous Russian period, as well as the uneven and not so fast modernization process, determined by both internal and external factors. According to Vladimir Solonar and Vladimir Bruter, Bessarabia under Romanian rule experienced low population growth due to high mortality (highest in Romania and one of the highest in Europe) as well as emigration; Bessarabia

1233-622: A history of disregard for the principles of the Convention, Russia was expelled from the Council of Europe .) Other countries have also moved to restrict the binding nature of the ECtHR judgments, subject to the countries' own constitutional principles. In 2004, the Federal Constitutional Court of Germany ruled that judgements handed down by the ECtHR are not always binding on German courts. The Italian Constitutional Court also restricts

1370-546: A law declaring it legal to overrule judgements from the ECtHR, codifying an earlier Russian Constitutional Court decision which ruled that Russia could refuse to recognize an ECtHR decision if it conflicted with the Constitution of Russia , and in 2020 Russia made constitutional amendments stipulating that the Russian Constitution supersedes international law. (In March 2022, due to the Russian invasion of Ukraine and

1507-497: A legal requirement". After the preliminary finding of admissibility the court examines the case by hearing representations from both parties. The court may undertake any investigation it deems necessary on the facts or issues raised in the application and contracting states are required to provide the court with all necessary assistance for this purpose. The European Convention on Human Rights requires all hearings to be in public, unless there are exceptional circumstances justifying

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1644-537: A number of historical myths". The discussion of the social-economic and politico-administrative situation in the region was also closely related to the Romanian-Soviet conflictual relations of the 1960s and 1970s, during which both communist countries treated the Bessarabian problem for political purposes. The presence of the ideological factor in writing the history of Bessarabia was manifested itself not only at

1781-503: A public hearing, which is transmitted as a webcast on the ECHR site . After the public hearing, the judges deliberate. The court's chamber decides both issues regarding admissibility and merits of the case. Generally, both these issues are dealt with in the same judgment. In final judgments the court makes a declaration that a contracting state has violated the convention, and may order the contracting state to pay material and/or moral damages and

1918-415: A sharp increase in applications filed in the court. The efficiency of the court was threatened seriously by the large accumulation of pending applications. In 1999, 8,400 applications were allocated to be heard. In 2003, 27,200 cases were filed and the number pending rose to approximately 65,000. In 2005, the court opened 45,500 case files. In 2009, 57,200 applications were allocated, with 119,300 pending. At

2055-430: A sitting judge's term has expired or when a new state accedes to the convention. The retiring age of judges is 70, but they may continue to serve as judges until a new judge is elected or until the cases in which they sit have come to an end. Judges perform their duties in an individual capacity and are prohibited from having any institutional or similar ties with the state in respect of which they were elected. To ensure

2192-513: A territory under Romanian occupation, rather than Romanian territory, despite existing political and economic relations between the US and Romania. Soviet Russia (and later, the USSR) did not recognize the union, and by 1924, after its demands for a regional plebiscite were declined by Romania for the second time, declared Bessarabia to be Soviet territory under foreign occupation. On all Soviet maps, Bessarabia

2329-546: A violation in Neumeister v Austria (1968). The convention charges the court with ensuring the observance of the engagement undertaken by the contracting states in relation to the convention and its protocols, that is ensuring the enforcement and implementation of the European Convention in the member states of the Council of Europe. The European Court of Human Rights, which enforces the European Convention on Human Rights,

2466-671: Is Petru (Păduraru) . In 1812, after the annexation of Bessarabia by the Russian Empire , the Orthodox churches were re-organized as the Eparchy of Chişinău and Hotin, from the churches and monasteries of the Metropolis of Moldavia on that territory that no longer belonged to the Principality of Moldavia , by Gavril Bănulescu-Bodoni , a popular promoter of Moldavian/Romanian language and culture, who also served as its first archbishop. After 1821,

2603-456: Is distinct from the 27-nation European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original flag of Europe created by the Council of Europe in 1955, as well as the anthem of Europe . No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations observer . The jurisdiction of

2740-457: Is incompatibility with other functions. They cannot be revoked by their state of origin, but only by decision of their peers, taken by a two-thirds majority and for serious reasons. The court has jurisdiction amongst the member states of the Council of Europe which includes almost every country in Europe except for Belarus , Kazakhstan , Kosovo , Russia and Vatican City . The jurisdiction of

2877-422: Is necessary for the court to stay relevant and its rulings to adapt to the actual conditions, such interpretations are labeled overreach or judicial activism by critics. The Court uses the doctrine of margin of appreciation , referring to the member states' rights to set moral standards within reason. Over time, the court has narrowed the margin of appreciation (to the point, according to some commentators, of

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3014-456: Is not institutionally related to the European Court of Human Rights: the two courts are related to distinct organizations. However, since all EU states are members of the Council of Europe and so are parties of the Convention on Human Rights, there are concerns about consistency in case law between the two courts. The CJEU refers to the case law of the European Court of Human Rights and treats

3151-503: Is the best known body of the Council of Europe. The Council of Europe (CoE) ( French : Conseil de l'Europe , CdE) is an international organisation founded in the wake of World War II to uphold human rights , democracy and the rule of law in Europe . Founded in 1949, it now has 46 member states, covering a population of approximately 700 million, and operates with an annual budget of approximately 500 million euros . The organisation

3288-483: Is very fertile and has lignite deposits and stone quarries. People living in the area grow sugar beet , sunflower , wheat , maize , tobacco , wine grapes , and fruit . They raise sheep and cattle . The main industry in the region is agricultural processing. The main Bessarabian cities are Chișinău , the former capital of the Russian Bessarabia Governorate, now capital of Moldova; Bălți , on

3425-541: The Belgian Linguistic Case . Critics maintain that proportionality engenders largely subjective rulings: a judge's personal preferences and beliefs may color their perceptions of rights' relative importance. The Court has established certain formulas to ensure consistency across such decisions, but these guidelines cover only a small fraction of its case law. The Court of Justice of the European Union (CJEU)

3562-650: The Balkan-Danubian culture (the culture of the First Bulgarian Empire). Between the 9th and 13th centuries, Bessarabia is mentioned in Slav chronicles as part of Bolohoveni (north) and Brodnici (south) voivodeships, believed to be Vlach principalities of the early Middle Ages. The last large-scale invasions were those of the Mongols of 1241, 1290, and 1343. Sehr al-Jedid (near Orhei ), an important settlement of

3699-539: The European Convention on Human Rights , currently 46. The convention requires that judges be of "high moral character" and have qualifications suitable for high judicial office, or be jurists of recognised competence. Each judge is elected by majority vote in the Parliamentary Assembly of the Council of Europe from among three candidates nominated by each contracting state. Judges are elected whenever

3836-578: The Gagauz -inhabited areas in southern Bessarabia was organised in 1994 as an autonomous region within Moldova. According to the traditional explanation, the name Bessarabia ( Basarabia in Romanian ) derives from the Wallachian Basarab dynasty , who allegedly ruled over the southern part of the area in the 14th century. However, some scholars question this, arguing that: According to Dimitrie Cantemir ,

3973-623: The Golden Horde , dates from this period. They led to a retreat of a big part of the population to the mountainous areas in Eastern Carpathians and to Transylvania . The population east of Prut became especially low at the time of the Tatar invasions. In the Late Middle Age, chronicles mention a Tigheci "republic", predating the establishment of the Principality of Moldavia , situated near

4110-704: The Moldavian Democratic Republic . On March 5 [O.S. 20 February] 1918, in a secret agreement signed along the Treaty of Buftea , the German Empire allowed Romania to annex Bessarabia in exchange for free passage of German troops toward Ukraine. The county councils of Bălți , Soroca and Orhei were the earliest to ask for unification of the Moldavian Democratic Republic with the Kingdom of Romania , and on April 9 [O.S. March 27] 1918, in

4247-636: The Nogai horde also inhabited the Budjak Region (in Turkish Bucak) of southern Bessarabia from the 16th to 18th centuries but were totally driven out prior to 1812. Administratively, Bessarabia became an oblast of the Russian Empire in 1818, and a guberniya in 1873. The Treaty of Adrianople , which concluded the Russo-Turkish War of 1828-1829 , stated that the entire Danube Delta would be ceded to

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4384-621: The Ottoman Empire invaded and captured Chilia and Cetatea Albă (Akkerman in Turkish), and annexed the shoreline southern part of Bessarabia, which was then divided into two sanjaks (districts) of the Ottoman Empire. In 1538, the Ottomans annexed more Bessarabian land in the south as far as Tighina , while the central and northern Bessarabia remained part of the Principality of Moldavia (which became

4521-564: The Roman Dacia , due to the invading Goths and Carpi. The Goths, a Germanic tribe, poured into the Roman Empire from the lower Dniepr River , through the southern part of Bessarabia ( Budjak steppe ), which due to its geographic position and characteristics (mainly steppe ), was swept by various nomadic tribes for many centuries. In 378, the area was overrun by the Huns . From the 3rd century until

4658-659: The Scythia Minor province against invasions. Except for the Black Sea shore in the south, Bessarabia remained outside direct Roman control; the myriad of tribes there are called by modern historians Free Dacians . The 2nd to the 5th centuries also saw the development of the Chernyakhov culture . In 270, the Roman authorities began to withdraw their forces south of the Danube, especially from

4795-564: The Strasbourg Court , is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg , France . The court

4932-671: The Ukrainian SSR . Axis -aligned Romania recaptured the region in 1941 with the success of Operation München during the Nazi invasion of the Soviet Union , but lost it in 1944 as the tide of war turned. In 1947, the Soviet-Romanian border along the Prut was internationally recognised by the Treaty of Paris that formally ended hostilities of World War II . During the process of the dissolution of

5069-519: The United Nations adopted the Universal Declaration of Human Rights , which aims to promote the universal recognition of rights set out therein, in order to strengthen the protection of human rights at the international level. While hugely important in setting a global standard for the first time, the declaration was essentially aspirational, and had no judicial enforcement mechanism. In 1949,

5206-531: The text of the Convention "must be interpreted in the light of present-day conditions" rather than the intent of its framers . In Mamatkulov and Askarov v. Turkey (2008), the court emphasized that it "upholds individual rights as practical and effective, rather than theoretical and illusory protections". Another key part of the Court's interpretation is the 1969 Vienna Convention on the Law of Treaties . One area that

5343-665: The " Bosphorus Presumption ", a policy of conditional deference articulated in Bosphorus Hava Yollari Turizm ve Ticaret Anonim Sirketi v Ireland . Because the CJEU represents a "comparable" human rights enforcement mechanism, the ECtHR may presume "that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its [EU] membership." This presumption may be refuted in any particular instances where protections of Convention rights are "manifestly deficient." Most of

5480-441: The (Bessarabian) land in the interwar period". This ongoing controversy highlights the two antagonistic geopolitical tendencies present in the contemporary Moldovan historiography: the pro-East current versus the pro-West current. The Western historiography pointed out that the reforms at the beginning of Romania's rule were mainly directed at easing the social tensions existing across Eastern Europe and were, therefore, similar to

5617-420: The 11th century, the region was invaded numerous times in turn by different tribes: Goths , Huns , Avars , Bulgars , Magyars , Pechenegs , Cumans and Mongols . The territory of Bessarabia was encompassed in dozens of ephemeral kingdoms which were disbanded when another wave of migrants arrived. Those centuries were characterized by a terrible state of insecurity and mass movement of these tribes. The period

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5754-679: The 1990s, the one subordinated to the Russian Orthodox Church gained the protection of the country's authorities and established itself as the official church, while the Orthodox Church of Bessarabia was refused registration according to the country's new law of religions. In 2004, after years of legal hurdles and a final decision by the European Court of Human Rights , the Orthodox Church of Bessarabia received official registration,

5891-521: The Bessarabian oblast. According to Vasile Stoica, emissary of the Romanian government to the United States, in 1834, Romanian was banned from schools and government facilities, despite 80% of the population speaking the language. This later lead to the banning of Romanian in churches, media, and books. According to the same author, those who protested the banning of Romanian could be sent to Siberia . At

6028-469: The Convention on Human Rights as if it were part of the EU's legal system since it forms part of the legal principles of the EU member states. Even though its member states are party to the convention, the European Union itself is not a party, as it did not have competence to do so under previous treaties. However, EU institutions are bound under Article 6 of the EU Treaty of Nice to respect human rights under

6165-465: The Convention, on the basis of Protocol No. 16. This mechanism aims to foster dialogue between national courts and the ECtHR, thereby preempting Convention violations and minimizing the latter's caseload. Unlike preliminary references under EU law, advisory opinions may only be solicited by the "highest courts and tribunals" of a member state. Although Article 5 of Protocol No. 16 states that "Advisory opinions shall not be binding," they nonetheless enter

6302-449: The Convention. Despite the European Union's failure to accede to the Convention, the ECtHR has consistently held that member states are bound by ECHR guarantees even when executing and implementing EU law. Nevertheless, the Court has simultaneously sought to promote international cooperation and avoid interfering in internal Union affairs. It has balanced the conflicting aims of fostering European harmony and avoiding ECHR circumvention via

6439-635: The Country Council and the National Congresses in Transylvania and Bukovina. The union was recognized by France, the United Kingdom, Italy, and Japan in the Treaty of Paris of 1920 . However, the treaty never came into force, as Japan did not ratify it. The United States refused to sign the treaty on the grounds that Russia was not represented at the Conference. The US also considered Bessarabia

6576-406: The Dacian kingdom of Decebalus in the 1st century AD. This kingdom was defeated by the Roman Empire in 106. Southern Bessarabia was included in the empire even before that, in 57 AD, as part of the Roman province Moesia Inferior , but it was secured only when the Dacian Kingdom was defeated in 106. The Romans built defensive earthen walls in Southern Bessarabia (e.g. Lower Trajan Wall ) to defend

6713-604: The ECtHR has chosen to only impose them in cases concerning imminent danger to life and limb. Such measures are often deployed to prevent extradition or expulsion to countries with inadequate human rights guarantees, whereas requests to prevent potentially damaging publications or property seizures seldom elicit similar responses. The court may award pecuniary or non-pecuniary damages , called "just satisfaction". The awards are typically small in comparison to verdicts by national courts and rarely exceed £1,000 plus legal costs. Non-pecuniary damages are more closely correlated to what

6850-458: The ECtHR's case law and may be enforced through later individual complaints if contravened. ECtHR rulings have erga omnes effects (that is, they are potentially binding on all member states), because the court "determines issues on public-policy grounds in the common interest, thereby extending human rights jurisprudence throughout the community of European Convention States", although erga omnes effect "is not regarded by all States Parties as

6987-448: The EHCR has claimed that such consensus exists even when objectively it did not, due to the judicial activism of its judges. It has been said that in failing to distinctly define how a consensus is reached reduces its legitimacy. Furthermore, as the ECtHR grows, the consensus between the members diminishes. However, the margin of appreciation doctrine has also come under sharp criticism from jurists and academics who say that it undermines

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7124-462: The Grand Chamber if all parties to the case agree to the chamber of the court relinquishing jurisdiction to the Grand Chamber. A panel of five judges decides whether the Grand Chamber accepts the referral. Any contracting state to the European Convention on Human Rights can sue another contracting state in the court for alleged breaches of the convention, although in practice this is very rare. As of 2021 , five interstate cases have been decided by

7261-510: The Great ruled between 1457 and 1504, a period of nearly 50 years during which he won 32 battles defending his country against virtually all his neighbours (mainly the Ottomans and the Tatars, but also the Hungarians and the Poles) while losing only two. During this period, after each victory, he raised a monastery or a church close to the battlefield honoring Christianity. Many of these battlefields and churches, as well as old fortresses, are situated in Bessarabia (mainly along Dniester). In 1484,

7398-486: The Orthodox in Diaspora." In June 2023, Romania's Prime minister Marcel Ciolacu announced that Romania will fund the Metropolis of Bessarabia with 2 million euros per year. The church is currently recognized only by some other Orthodox Churches, since the Patriarchate of Moscow opposes its recognition by all of them. The current Metropolitan of Bessarabia is Petru Păduraru (born 24 October 1946 in Ţiganca , elected as metropolitan in 1992), and it has about one third of

7535-406: The Romanian common framework are also of interest. Romanian authors mainly blamed the lasting effects of Russian domination and the destabilizing role of Soviet Russia (USSR) for the malfunctioning of the Romanian administration, with some also pointing to the difficult and non-uniform character of the integration generated by the non-uniform character of the development of the provinces until 1918, of

7672-405: The Romanian interwar period". In Suveică's opinion, the conception of Soviet historiography was based on distorted facts that would serve as "indisputable arguments" for the establishment of an illegal "occupation" regime. According to Wim P. van Meurs "the legitimation of the political regime has been the main function of (the Soviet) historiography and such a legitimation has usually been based on

7809-442: The Rules of Court. The president of the court, the two vice-presidents (also section presidents) and the three other section presidents are elected by the Plenary Court, Section presidents are elected by the Plenary Court, a formation made up of the 46 elected judges of the court. The mandate of the holders is for a renewable period of three years. They are renowned for their morality and competence. They must be independent and there

7946-446: The Russian Church jurisdiction was reinstated. In 1918, after the Union of Bessarabia with Romania , the archbishop Anastasius Gribanovsky of the Eparchy of Chişinău was ousted after he refused to accede to Romania's demand to secede from the Russian Orthodox Church and integrate the eparchy in the Romanian one. With the advent of Greater Romania in 1918, there were three church bodies: the autocephalous Romanian Orthodox Church (on

8083-401: The Russian Empire's last territorial acquisitions in Europe. The newly acquired territories were organised as the Bessarabia Governorate of the Russian Empire, adopting a name previously used for the southern plains between the Dniester and the Danube rivers. Following the Crimean War , in 1856, the southern areas of Bessarabia were returned to Moldavian rule; Russian rule was restored over

8220-404: The Russian Orthodox Church. The position of the Romanian Orthodox Church in the dispute with the Russian Orthodox Church over the territorial jurisdiction is, according to a press release, that the two Metropolitan Sees should "peacefully co-exist and brotherly cooperate (…) harmonising, with wisdom and realism, the territorial principle with the ethnic principle, as agreed in the pastoral service of

8357-445: The Russian state and church started an extended policy of Russification . In 1858, after southern Bessarabia was returned to Moldavia, which soon united with Wallachia to form Romania , the Orthodox churches in Cahul, Bolgrad, and Ismail re-entered under the Romanian Church jurisdiction of the Metropolis of Moldavia , which established the Diocese of the Lower Danube, in 1864. In 1878, after Russia re-annexed southern Bessarabia,

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8494-425: The Soviet Union , the Moldavian and Ukrainian SSRs proclaimed their independence in 1991, becoming the modern states of Moldova and Ukraine while preserving the existing partition of Bessarabia. Following a short war in the early 1990s, the Pridnestrovian Moldavian Republic was proclaimed in the Transnistria , extending its authority also over the municipality of Bender on the right bank of Dniester river. Part of

8631-434: The Soviet Union pressured Romania, under threat of war, into withdrawing from Bessarabia, allowing the Red Army to enter and the Soviet Union to annex the region . The area was formally integrated into the Soviet Union: the core joined parts of the Moldavian Autonomous Soviet Socialist Republic to form the Moldavian Soviet Socialist Republic , while territories in the north and the south of Bessarabia were transferred to

8768-424: The Supreme Court of Justice of the Republic of Moldova recognizing it as "the spiritual, canonical, historical successor of the Metropolitan See of Bessarabia which functioned till 1944, including". About 20% of country's Orthodox churches were or changed to be under its jurisdictions; a strong desire to similar moves has been expressed in many other parishes. This decision continues to be a major area of tension with

8905-409: The administrative corps of Bessarabia - "an unstable and corrupt stratum" - observing that transfer of administrative personnel from Romania to Bessarabia was regarded as a severe punishment, and the clerks affected generally sought personal enrichment; the local administration was also considered rigid and unwilling to reform. In general, Western historiography analyzed the modernization of Bessarabia in

9042-457: The agrarian reform, was debated and approved in November 1918. The Country Council also decided to remove the other conditions and made unification with Romania unconditional. The legality of this vote was considered highly debatable since the meeting had not been publicly announced, there was no quorum (only 44 of the 125 members took part in it, mostly Moldavian conservatives), and then the Country Council voted for its self-dissolution, preventing

9179-438: The applicability of ECtHR decisions. A 2016 book characterizes Austria , Belgium , Czechia , Germany , Italy , Poland , and Sweden to be mostly friendly to ECtHR judgements; France , Hungary , the Netherlands , Norway , Switzerland , and Turkey to be moderately critical; the United Kingdom to be strongly critical; and Russia to be openly hostile. In 2019, south Caucasus states were judged partially compliant in

9316-430: The applicant's representative. Once registered with the court, the case is assigned to a Judge Rapporteur , who can make a final decision on whether the case is inadmissible. A case may be inadmissible when it is incompatible with the requirements of ratione materiae , ratione temporis or ratione personae , or if the case cannot be proceeded with on formal grounds, such as non-exhaustion of domestic remedies, lapse of

9453-434: The backlog of pending cases by establishing the court and its judges as a full-time institution, by simplifying the procedure and reducing the length of proceedings. However, as the workload of the court continued to increase, the contracting states agreed that further reforms were necessary and in May 2004, the Council of Europe Committee of Ministers adopted Protocol 14 to the European Convention on Human Rights . Protocol 14

9590-411: The casting vote. Article 35 of the European Convention on Human Rights establishes as a precondition on referral to the European Court of Human Rights, the exhaustion of domestic remedies. This condition is the consequence of the subsidiary jurisdiction of the supranational court, which monitors the application of the convention and seeks to eradicate human rights violations. The applicant must establish

9727-434: The central level, but also at the level of the historiography of Soviet Moldavia . It was not until the second half of the '80s that the Moldovan historiography raised the issue of the Soviet political and ideological pressures. After the dissolution of the Soviet Union , the Moldovan historiography, largely marked by the public identity discourse , deals with the problems of the interwar Bessarabian history, depending on

9864-422: The changes that took place in interwar Bessarabia expressed were directed either towards strengthening the political, economical, and social position of the bourgeoisie, to the detriment of the peasantry, or towards creating a favourable position for the Romanian population, to the detriment of the national minorities; Soviet authors thus reportedly rejected the notion that any modernization and progress took place in

10001-504: The colony of Tyras along the Black Sea coast and traded with the locals. Celts also settled in the southern parts of Bessarabia, their main city being Aliobrix . The first polity that is believed to have included the whole of Bessarabia was the Dacian polity of Burebista in the 1st century BC. After his death, the polity was divided into smaller pieces, and the central parts were unified in

10138-452: The context of Romanian nation-building, seen as the main issue affecting Greater Romania; authors focused mainly on issues related to the general and specific context of Bessarabia after the Union, the state's efforts for social-political and economic integration, and cultural development of Bessarabia. The internal and external factors that determined the specifics of the province's integration into

10275-412: The context. On the one hand, the supporters of the idea of Moldovan statehood reject the option of modernization and progress of Bessarabia after the Union with Romania while, on the other hand, the historians who, starting from the idea of the Romanian character of Bessarabia, and using new sources, "contribute to the in-depth knowledge of the integrating and modernizing processes that marked the history of

10412-606: The contracting parties to the European Convention on Human Rights have incorporated the convention into their own national legal systems, either through constitutional provision, statute or judicial decision. The ECtHR increasingly considers judicial dialogue with national courts to be a "high priority", especially when it comes to implementation of judgements. According to a 2012 study, the ECTtHR tends to justify its decisions with citations to its own case law in order to convince national courts to accept its rulings. In 2015, Russia adopted

10549-401: The contracting state to redress violations. Judgments by the court are binding on the respondent states concerned and states usually comply with the Court's judgments. Chambers decide cases by a majority. Any judge who has heard the case can attach to the judgment a separate opinion. This opinion can concur or dissent with the decision of the court. In case of a tie in voting, the president has

10686-414: The convention it has no jurisdiction to annul domestic laws or administrative practices which violate the convention. The Committee of Ministers of the Council of Europe is charged with supervising the execution of the court's judgments. The Committee of Ministers oversees the contracting states' changes to their national law in order that it is compatible with the convention, or individual measures taken by

10823-489: The convention. Furthermore, since the Treaty of Lisbon took effect on 1 December 2009, the EU is expected to sign the convention. That would mean that the Court of Justice is bound by the judicial precedents of the Court of Human Rights' case law and so is subject to its human rights law, which would avoid issues of conflicting case law between these two courts. In December 2014, the CJEU released Opinion 2/13 rejecting accession to

10960-438: The convention. The court's primary means of judicial interpretation is the living instrument doctrine , meaning that the Convention is interpreted in light of present-day conditions. International law scholars consider the ECtHR to be the most effective international human rights court in the world. Nevertheless, the court has faced challenges with verdicts not implemented by the contracting parties. On 10 December 1948,

11097-527: The court become final three months after they are issued, unless a reference to the Grand Chamber for review or appeal has been made. If the panel of the Grand Chamber rejects the request for referral, the judgment of the chamber of the court becomes final. The Grand Chamber is made up of 17 judges: the court's president and vice-presidents, the section presidents and the national judge, together with other judges selected by drawing of lots. Grand Chambers include

11234-529: The court has been recognized to date by all 46 member states of the Council of Europe . On 1 November 1998, the court became a full-time institution and the European Commission of Human Rights , which used to decide on admissibility of applications, was abolished by Protocol 11. The accession of new states to the European Convention on Human Rights following the fall of the Berlin Wall in 1989 led to

11371-425: The court is generally divided into inter-state cases, applications by individuals against contracting states, and advisory opinions in accordance with Protocol No.2. Applications by individuals constitute the majority of cases heard by the court. A committee is constituted by three judges, chambers by seven judges, and a Grand Chamber by 17 judges. Applications by individuals against contracting states, alleging that

11508-430: The court: The Committee of Ministers may, by majority vote, ask the court to deliver an advisory opinion on the interpretation of the European Convention on Human Rights , unless the matter relates to the content and scope of fundamental rights which the court has already considered. Since 2018, member states can similarly request advisory opinions on questions of principle concerning the interpretation or application of

11645-728: The end of the Crimean War , in 1856, by the Treaty of Paris , Southern Bessarabia (organised as the Cahul and Ismail counties, with the Bolgrad county split from the latter in 1864) was returned to Moldavia, causing the Russian Empire to lose access to the Danube river. In 1859, Moldavia and Wallachia united to form the Romanian United Principalities (Romania) , which included the southern part of Bessarabia. The railway Chișinău - Iași

11782-480: The fortresses of Akkerman and Chilia , its eastern border becoming the River Dniester . Based on the name of the region, some authors consider that in the latter part of the 14th century the southern part of the region was under the rule of Wallachia (the ruling dynasty of Wallachia during that period was called Basarab ). In the 15th century, the entire region was a part of the principality of Moldavia. Stephen

11919-459: The four months from the last internal decision complained of, anonymity, substantial identity with a matter already submitted to the court, or with another procedure of international investigation. If the Judge Rapporteur decides that the case can proceed, the case is then referred to a chamber of the court which, unless it decides that the application is inadmissible, communicates the case to

12056-443: The government of the state against which the application is made, asking the government to present its observations on the case. The chamber of the court then deliberates and judges the case on its admissibility and its merits. Cases that raise serious questions of interpretation and application of the European Convention on Human Rights, a serious issue of general importance, or which may depart from previous case law can be heard in

12193-412: The holding of a private hearing. In practice the majority of cases are heard in private following written pleadings. In confidential proceedings the court may assist both parties in securing a settlement, in which case the court monitors the compliance of the agreement with the convention. However, in many cases, a hearing is not held. The judgment of the Grand Chamber is final. Judgments by the chamber of

12330-552: The inability of the national courts to remedy the breaches, by exercising the appropriate remedies effective and adequate, and in substance alleging a violation of the Convention. Rule 39 of the Rules of the Court permits the ECtHR to "indicate to the parties any interim measure which they consider should be adopted in the interests of the parties or of the proper conduct of the proceedings." Interim measures are binding and afford litigants temporary protections on an expedited basis, although

12467-429: The independence of the court, judges are not allowed to participate in activity that may compromise the court's independence. Judges cannot hear or decide a case if they have a familial or professional relationship with a party. A judge can be dismissed from office only if the other judges decide, by a two-thirds majority, that the judge has ceased to fulfil the required conditions. Judges enjoy, during their term as judges,

12604-648: The intervention of the Romanian Army , ostensibly to pacify the region. Soon after, the parliamentary assembly declared independence, and then union with the Kingdom of Romania . However, the legality of these acts was disputed, most prominently by the Soviet Union , which regarded the area as a territory occupied by Romania. In 1940, after securing the assent of Nazi Germany through the Molotov–Ribbentrop Pact ,

12741-413: The interwar period, Romanian historians countered Soviet historians' description of it as the establishment of an "occupation regime". The agrarian reform, considered one of the most radical in Europe (an idea also supported by Western historians), was appreciated as having a positive role, emphasizing the national emancipation of the Romanian peasantry, while the modernization of agriculture was presented as

12878-611: The late 14th century, the newly established Principality of Moldavia encompassed what later became known as Bessarabia. Afterward, this territory was directly or indirectly, partly or wholly controlled by: the Ottoman Empire (as suzerain of Moldavia, with direct rule only in Budjak and Khotyn ), the Russian Empire , Romania , the USSR . Since 1991, most of the territory forms the core of Moldova , with smaller parts in Ukraine . People have inhabited

13015-443: The latter in "a numerous and profitable mass of clients for the banks". According to the analysis Western authors, the reform only changed the distribution of the land, and not agricultural policies; as a result of the economical and social policies of the Romanian governments, small and medium-sized farms remained unprofitable, while the large farms not affected by the reform also lost their economic role. Western authors also criticized

13152-403: The legal expenses incurred in domestic courts and the court in bringing the case. The court's judgments are public and must contain reasons justifying the decision. Article 46 of the convention provides that contracting states undertake to abide by the court's final decision. On the other hand, advisory opinions are, by definition, non-binding. The court has to date decided consistently that under

13289-587: The living instrument doctrine has changed ECtHR jurisprudence over time is with regard to differential treatment exclusively based on ethnicity , gender, religion, or sexual orientation , which it is increasingly likely to label unjustified discrimination . In addition, with the proliferation of alternative family arrangements, the court has expanded its definition of family under Article 8, for example to same-sex couples , as in Oliari and Others v Italy (2015). Although defenders argue that living instrument doctrine

13426-498: The locals, as well as the general structure of the administrative corps. During the Communist period , Romanian historians initially treated the reforms applied after World War I mainly from social class perspectives. Starting with the 1960s, the first studies that mentioned the existence of a " Bessarabian historical problem " appeared. From the second half of the 1970s, studies on the agrarian reform considered that while this led to

13563-430: The modern town of Cahul in the southwest of Bessarabia, preserving its autonomy even during the later Principality even into the 18th century. Genovese merchants rebuilt or established a number of forts along the Dniester (notably Moncastro ) and Danube (including Kyliya/Chilia - Licostomo ). After the 1360s, the region was gradually included in the principality of Moldavia , which by 1392 established control over

13700-538: The name Bessarabia originally applied only to the part of the territory south of the Upper Trajanic Wall , i.e. an area only slightly larger than present-day Budjak . The region is bounded by the Dniester to the north and east, the Prut to the west, and the lower River Danube and Black Sea to the south. It has an area of 45,630 km (17,620 sq mi). The area is mostly hilly plains and flat steppes . It

13837-527: The nascent region of Bulgaria . With the rise of the Khazars' state in the east, the invasions began to diminish and it was possible to create larger states. According to some opinions, the southern part of Bessarabia remained under the influence of the First Bulgarian Empire until the end of the 9th century. Between the 8th and 10th centuries, the southern part of Bessarabia was inhabited by people from

13974-557: The occupation of the whole region was completed in early March. The occupation of Bessarabia by the Romanians was not universally welcomed, and the members of the Bessarabian government denied that the Romanian troops had ever been invited to occupy the republic. After Ukraine issued its Fourth Universal , breaking ties with Bolshevik Russia and proclaiming a sovereign Ukrainian state, Sfatul Țării declared Bessarabia's independence on February 6 [ O.S. January 24] 1918, as

14111-401: The ones taking place elsewhere in the region. In the case of the agrarian reform, G. Clenton Logio states that the Romanians were pressed into legislating it, as expropriation had begun before the Union and there was the danger that Bessarabians would undo this act; he notes that no planning took place regarding the effects of the reform and the problems of the peasantry were ignored, transforming

14248-557: The orthodox community in Moldova. The Metropolis of Bessarabia consists of four eparchies : Bessarabia Bessarabia ( / ˌ b ɛ s ə ˈ r eɪ b i ə / ) is a historical region in Eastern Europe , bounded by the Dniester river on the east and the Prut river on the west. About two thirds of Bessarabia lies within modern-day Moldova , with the Budjak region covering

14385-520: The presence of the Romanian Army, The Country Council , called "Sfatul Țării", voted in favour of the union, with the following conditions: 86 deputies voted in support, three voted against and 36 abstained. The Romanian prime minister at the time, Alexandru Marghiloman , would later admit that the union was decided in Bucharest and Iași , the seats of the Romanian government. The first condition,

14522-446: The principle of "emerging consensus" of the member states on which the ECtHR operates is fundamentally flawed, because such a consensus often relies on trends, and historically in many instances social and political consensus was retrospectively acknowledged to have been wrong. Such an approach is accused of risking stigmatisation and coercion of the few dissenting countries, encouraging a pack mentality . Furthermore, critics argue that

14659-499: The privileges and immunities provided for in Article 40 of the Statute of the Council of Europe . The European Court of Human Rights is assisted by a registry made up of around 640 agents, of which a little less than half of lawyers divided into 31 sections. The registry carries out preparatory work for the judges., and performs the communication activities of the court, with the applicants,

14796-559: The protests of the Moldavians and minorities members who had not participated in the parliamentary session from being taken into account. In the autumn of 1919, elections for the Romanian Constituent Assembly were held in Bessarabia; 90 deputies and 35 senators were chosen. On December 20, 1919, these men voted, along with the representatives of Romania's other regions, to ratify the unification acts that had been approved by

14933-464: The public and the press. The registrar and the deputy registrar are elected by the Plenary Court. The plenary court is an assembly of all of the court's judges. It has no judicial functions. It elects the court's president, vice-president, registrar and deputy registrar. It also deals with administrative matters, discipline, working methods, reforms, the establishment of Chambers and the adoption of

15070-489: The region during Romanian rule. The transformations that took place on different levels of the Bessarabian society at that time were treated from a social class and/or ethnopolitical positions; Svetlana Suveică states "the writings from the Soviet period, directly determined by the interference of politics in historical science, alternated the ideas regarding the "Moldovan" nation and the national identity, with severe condemnations of

15207-625: The river Răut , often dubbed the "Northern capital" of Moldova; Bender/Tighina , on the Dniester, currently controlled by the unrecognized Russian-backed separatist region of Transnistria; Izmail , in the southwest corner of Ukraine on the Danube; and Bilhorod-Dnistrovs'kyi , historically known as Cetatea Albă or Akkerman, also in southwestern Ukraine near Odesa. Other towns of administrative or historical importance include Cahul , Soroca , Orhei , Ungheni and Comrat , all now in Moldova; and Khotyn , Kilia , Reni and Bolhrad , all now in Ukraine. In

15344-469: The southern coastal region and part of the Ukrainian Chernivtsi Oblast covering a small area in the north. In the aftermath of the Russo-Turkish War (1806–1812) , and the ensuing Peace of Bucharest , the eastern parts of the Principality of Moldavia , an Ottoman vassal , along with some areas formerly under direct Ottoman rule, were ceded to Imperial Russia . The acquisition was among

15481-409: The state can afford to pay than the specific harm suffered by the complainant. In some cases, repeated patterns of human rights violations lead to higher awards in an effort to punish the responsible state, but paradoxically in other cases they lead to lower awards, or the cases being struck entirely. The court's primary method of judicial interpretation is living instrument doctrine , meaning that

15618-403: The state violated their rights under the European Convention on Human Rights , can be made by any person, non-governmental organisation , or group of individuals. Although the official languages of the court are English and French, applications may be submitted in any one of the official languages of the contracting states. An application has to be made in writing and signed by the applicant or by

15755-502: The status of the Archdiocese, in 1990, and as the Metropolis of Chișinău and All Moldova , in 1992. After Moldova's independence in 1991, part of the clergy followed Petru Păduraru, the Bishop of Bălţi , and re-established the Metropolis of Bessarabia. The Romanian Orthodox Church considered that, during the time, the Russian Orthodox Church jurisdiction on the former territory of Bessarabia

15892-535: The supreme power in Bessarabia. On the pretext of securing supply lines against raids by Bolsheviks and armed bandits, members of the Moldavian legislative council Sfatul Țării and the Entente Powers requested military assistance from Romania, and the Romanian Army crossed the republic's border on January 23 [ O.S. January 10] 1918; following several skirmishes with Moldovan and Bolshevik troops,

16029-479: The territory of Smaller Romania —prior to 1918—formed in 1872 from the union of the Metropolis of Ungrovlahia with Metropolis of Moldavia), and the non-autocephalous Metropolis of Bessarabia and Metropolis of Transylvania . Therefore, in 1925, the rank of the Romanian Orthodox Church was raised to that of a Patriarchate, with the Metropolis of Bessarabia as one of its five sees. Gurie Grosu

16166-480: The territory of Bessarabia for thousands of years. Cucuteni–Trypillia culture flourished between the 6th and 3rd millennium BC. In Antiquity the region was inhabited by Thracians , as well as for shorter periods by Cimmerians , Scythians , Sarmatians , and Celts , specifically by tribes such as the Costoboci , Carpi , Britogali , Tyragetae , and Bastarnae . In the 6th century BC, Greek settlers established

16303-423: The time, more than 90 per cent of applications were declared to be inadmissible, and the majority of cases decided—around 60 per cent of the decisions by the court—related to what is termed repetitive cases : where the court has already delivered judgment finding a violation of the European Convention on Human Rights or where well established case law exists on a similar case. Protocol 11 was designed to deal with

16440-418: The transfer of Southern Bessarabia. The Kishinev pogrom took place in the capital of Bessarabia on April 6, 1903, after local newspapers published articles inciting the public to act against Jews ; 47 or 49 Jews were killed, 92 severely wounded and 700 houses destroyed. The anti-Semitic newspaper Бессарабец (Bessarabetz, meaning "Bessarabian"), published by Pavel Krushevan, insinuated that local Jews killed

16577-506: The twelve member states of the newly created Council of Europe began work on the European Convention on Human Rights , drawing inspiration from the rights already set out in the Declaration, but with the crucial difference that—for the European countries which chose to sign up to it—there would be a judicial mechanism to ensure that they respected the basic rights of their citizens. The court

16714-452: The unification of administrative legislation, norms, and principles of administrative law, as well as their application in Romanian practice. The institute of the zemstvo was regarded by some of them as the most democratic form of government, and its dissolution by the Romanian authorities was deplored; authors such as Onisifor Ghibu expressed a critical view on the relation between Romanian administrative personnel from outside Bessarabia and

16851-464: The universal nature of human rights. Proportionality analysis governs much of the Court's jurisprudence. The guarantees of ECHR Articles 8, 9, 10, and 11 are subject to whatever limitations may be "necessary in a democratic society," citing factors including national security, public safety, health and morals, and the rights and freedoms of others. Such conditions require the balancing of individual rights and community interests, as first articulated in

16988-762: The victory of Bolshevist Russia in the Russian Civil War , the Ukrainian SSR was created in 1922, and in 1924 the Moldavian Autonomous Soviet Socialist Republic was established on a strip of Ukrainian land on the west bank of Dniester where Moldovans and Romanians accounted for less than a third and the relative majority of the population was Ukrainian . (See Demographics of the Moldavian Autonomous Soviet Socialist Republic ). Svetlana Suveică considers that historical discourse regarding interwar Bessarabia

17125-525: The whole of the region in 1878, when Romania , the result of Moldavia's union with Wallachia , was pressured into exchanging those territories for the Dobruja . In 1917, in the wake of the Russian Revolution , the area constituted itself as the Moldavian Democratic Republic , an autonomous republic part of a proposed federative Russian state . Bolshevik agitation in late 1917 and early 1918 resulted in

17262-537: Was also characterized by economic stagnation and high unemployment. Access to social services declined after the abolition of the zemstvos in the early 1920s, as these had previously provided local autonomy in managing education and public health. In the late 1930s, the Bessarabian population had among the highest incidences of several major infectious diseases and some of the highest mortality rates from these diseases. European Court of Human Rights The European Court of Human Rights ( ECtHR ), also known as

17399-425: Was an unfair and abusive act in terms of historical reality and canon law , and as long as it remains under the Russian Orthodox Church, the jurisdiction right of the Metropolis of Chișinău and All Moldova can be exercised only to the Russian ethnics of Moldova. The Russian Orthodox Church also refused to recognize the authority of the Bessarabian church, and the two metropolia started an uneasy co-existence. During

17536-464: Was drafted with the aim of reducing the workload of the court and that of the Committee of Ministers of the Council of Europe, which supervises the execution of judgments, so that the court could focus on cases that raise important human rights issues. Judges are elected for a non-renewable nine-year term. The number of full-time judges sitting in the court is equal to the number of contracting states to

17673-451: Was established in 1959 and decided its first case in 1960 in Lawless v. Ireland . An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to

17810-534: Was established in Bessarabia, with 120 members elected from Bessarabia by some political and professional organizations and 10 elected from Transnistria (the left bank of Dniester where Romanians accounted for half of the population, the rest being Russians and Ukrainians . See Demographics of Transnistria ). The Rumcherod Committee ( Central Executive Committee of the Soviets of Romanian Front , Black Sea Fleet and Odesa Military District) proclaimed itself

17947-417: Was established on 21 January 1959 on the basis of Article 19 of the European Convention on Human Rights when its first members were elected by the Parliamentary Assembly of the Council of Europe . Initially, access to the court was restricted by the European Commission of Human Rights , abolished in 1998. The court kept a low profile during its first years and did not accumulate much case law, first finding

18084-415: Was heavily influenced by the political association of the authors, and sought mainly to argue for or against the legality of Romanian rule in Bessarabia. The impact of the various reforms on the progress of the province was mostly ignored. Romanian historiography, for the most part, consistently sought to demonstrate the legitimacy of the regime established after the Union of Bessarabia with Romania. During

18221-611: Was highlighted as a territory not belonging to Romania. A Provisional Workers' & Peasants' Government of Bessarabia was founded on May 5, 1919, in exile at Odesa , by the Bolsheviks . On May 11, 1919, the Bessarabian Soviet Socialist Republic was proclaimed as an autonomous part of Russian SFSR , but was abolished by the military forces of Poland and France in September 1919 (see Polish–Soviet War ). After

18358-562: Was later known as the Dark Ages of Europe, or age of migrations. In 561, the Avars captured Bessarabia and executed the local ruler Mesamer . Following the Avars, Slavs arrived in the region and established settlements. Then, in 582, Onogur Bulgars settled in southeastern Bessarabia and northern Dobruja , from which they moved to Moesia Inferior (allegedly under pressure from the Khazars ), and formed

18495-492: Was opened on June 1, 1875, in preparation for the Russo-Turkish War (1877–1878) and the Eiffel Bridge was opened on April 21 [ O.S. April 9] 1877, just three days before the outbreak of the war. The Romanian War of Independence was fought in 1877–78, with the help of the Russian Empire as an ally. Northern Dobruja was awarded to Romania for its role in the 1877–78 Russo-Turkish War, and as compensation for

18632-629: Was the first Metropolitan of Bessarabia, and Efrem Enăchescu the second. After the Soviet occupation of Bessarabia in 1940, the church, which then was a non-autonomous Metropolis, was banned, and its property has either changed uses, or was transferred to the Russian Orthodox Church , which established the Bishopric in Chişinău and Moldova . In 1980s, two more bishoprics were added, and the See raised to

18769-554: Was then called Bessarabia . In 1814, the first German settlers arrived and mainly settled in the southern parts, and Bessarabian Bulgarians began settling in the region too, founding towns such as Bolhrad . Between 1812 and 1846, the Bulgarian and Gagauz population migrated to the Russian Empire via the River Danube , after living many years under oppressive Ottoman rule, and settled in southern Bessarabia. Turkic-speaking tribes of

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