COMPATIBILIZAREA JURISPRUDENȚEI REPUBLICII MOLDOVA CU CEA EUROPEANĂ ÎN DOMENIUL PROTECȚIEI PROPRIETĂȚII

The repeated conviction by the European Court of Human Rights (hereinafter ECHR) of the
Republic of Moldova for violating Article 1 of Protocol No 1 of the Convention for the Protection of
Human Rights and Fundamental Freedoms (hereinafter ECHR) was a mandatory invitation for
national actors to harmonize their own legal system with the European case law, both by legislative,
administrative way and by judicial way. Although there have been reported cases in which the
European Court of Human Rights has pointed out some shortcomings with regard to harmonizing the
Moldovan law with the European exigencies, however most judgments are based on jurisprudential
shortcomings. Thus, in order to avoid new convictions by the Strasbourg Court in the sphere of
Article 1 of Protocol No 1, in this study the techniques of compatibilization of the national case law
with the European ones are researched. Starting from the stated purpose, in the present study it is
realized a jurisprudential exercise of the notion of „good” from the perspective of the conventional
judge and of the way in which the national courts received it in their own judgments. At the same
time, this scientific approach identifies the positive and negative obligations of states and their margin
of appreciation left by the ECHR in case of some issues concerning the right to respect for property,
as well as the consequences for the state in case of a judgment of conviction.