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HARAM v. THE REPUBLIC OF MOLDOVA

Doc ref: 14815/16 • ECHR ID: 001-208396

Document date: February 3, 2021

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HARAM v. THE REPUBLIC OF MOLDOVA

Doc ref: 14815/16 • ECHR ID: 001-208396

Document date: February 3, 2021

Cited paragraphs only

Communicated on 3 February 2021 Published on 22 February 2021

SECOND SECTION

Application no. 14815/16 Ion HARAM against the Republic of Moldova lodged on 9 March 2016

SUBJECT MATTER OF THE CASE

The application concerns the quashing of a final judgment in favour of the applicant by the Supreme Court of Justice after accepting an appeal on points law which was allegedly lodged outside the legal time-limit.

The applicant complains that the quashing of the final judgment in such circumstances was contrary to the principle of legal certainty and breached his rights guaranteed by Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention.

QUESTIONS TO THE PARTIES

1. Was there a breach of the applicant ’ s rights under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention as a result of the Supreme Court of Justice ’ s decision to allow the appeal on points of law against the Court of Appeal ’ s judgment of 25 September 2013? In particular, was the appeal on points of law lodged within the legal time ‑ limit and did the Supreme Court give relevant and sufficient reasons for declaring that appeal admissible ( Melnic v. Moldova , no. 6923/03, §§ 39 ‑ 44, 14 November 2006)?

2. The Government are requested to submit a full copy of the case-file in the domestic proceedings.

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