Magistrate. The right to free speech

MAGISTRAT. DREPTUL LA LIBERĂ EXPRIMARE

Abstract

Like any other person, a magistrate cannot be deprived of his right to free expression, which is enshrined by Article 10 of the Convention, however, the freedom is not absolute, as the state has the opportunity to lawfully intervene for the purpose of its limitation, according to the conditions provided by Article 10 para. 2 of the Convention. Therefore, even if the status of magistrate does not deprive the judge from the protection established under Article 10 of the Convention, the responsibility for maintaining the image and the status of office requires prudence and moderation of expression. The manner of expression chosen by the judge to express his opinions in relation to the activity of the judicial system, by his public statements given on the personal blog, in the content of which he explicitly put forward some suspicion or doubts regarding the alleged criminal offences committed by two officials, their alleged influence on certain public institutions, suggesting the existence of a possible social danger arising from leaving the respective persons on the loose, shall be a breach of the obligation of discretion, under the circumstances in which his statements exceeded the limits of the right to free expression, as provided by Article 10 of the Convention.