United Nations Guidelines show that the magistrates are entitled to freedom of expression but must exercise it with due regard to the values and principles set out in the law. Legal professionals also must raise issues of public concern to improve the legal system. Still, they must show restraint in exercising their freedom of expression in cases where the authority and impartiality of the judiciary are in question. The violation of this obligation can lead to their liability so is important to verify the criteria revealed in the ECHR’s jurisprudence regarding the restriction of freedom of expression. The paper presents rulings retained by the Court of Strasbourg in the analyzed field to reveal in summary the procedural and substantive aspects that are essential for magistrates in guiding their conduct when exercising their freedom of expression.

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Freedom of Expression for Magistrates in ECHR’s Jurisprudence in Cases Versus Romania

  • Andreea Elena Tabacu

摘要

United Nations Guidelines show that the magistrates are entitled to freedom of expression but must exercise it with due regard to the values and principles set out in the law. Legal professionals also must raise issues of public concern to improve the legal system. Still, they must show restraint in exercising their freedom of expression in cases where the authority and impartiality of the judiciary are in question. The violation of this obligation can lead to their liability so is important to verify the criteria revealed in the ECHR’s jurisprudence regarding the restriction of freedom of expression. The paper presents rulings retained by the Court of Strasbourg in the analyzed field to reveal in summary the procedural and substantive aspects that are essential for magistrates in guiding their conduct when exercising their freedom of expression.