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Freedom of Expression of Judges: European and National Perspectives

Freedom of Expression of Judges: European and National Perspectives

Author: Federica Casarosa; Mohor Fajdiga; Madalina Moraru
Publisher: Routledge
ISBN: 9781032736167
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard judicial independence, impartiality and public trust in the judiciary. Where exactly the boundary lies, is a highly complex question. The recent developments in Europe have rekindled the dilemma of guaranteeing freedom of expression to judges. The rule of law crisis has led many judges to speak out against the attacks of autocratic governments targeting judges and courts. The rapid expansion of the digital world has opened up new channels of communication, and the growing role of courts in society has expanded the reach of courts to practically any social issue, even the most polarised. This work critically analyses the recent jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, its reception at the national level and the contribution of national judiciaries to the discussion pervading the European judicial space. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration.

The book will be of interest to academics, researchers and policy-makers working in the areas of Human Rights Law, Constitutional Law and Politics and Comparative Law.

Part I: Judicial free speech standards emerging from the European courts jurisprudence and other horizontal issues

1. Should Judicial Voices be Heard? Judicial interactions between national and European courts reframing freedom of expression as a tool to protect the European rule of law

Federica Casarosa, Mohor Fajdiga and Madalina Bianca Moraru

2. The freedom of expression of judges in Europe: an analysis of the case law under Article 10 of the European Convention of Human Rights. The rule of law in the leading role

Sietske Dijkstra

3. Chilling Effect or no Chilling Effect: To Be or Not to Be for Freedom of Expression of Judges before the European Court of Human Rights

Mohor Fajdiga

4. What standards should be applied to judges exercising freedom of expression on social networks?

Pierpaolo Gori and Oreste Pollicino

Part II: Lessons for Europe: national perspectives on freedom of expression of judges

5. All quiet in the judiciary: low voice of Hungarian judges and the role of European courts

Gábor Halmai and Ágnes Kovács

6. Speech is silver. Is silence golden?

Raluca Bercea

7. Judges' presence on social media in times of constitutional breakdown in Poland

Jarosław Gwizdak