romanian english

Carmen MOLDOVAN: Admissibility of interference in the exercise of freedom of expression in the interpretation of the European Court of Human Rights

Abstract: The national restrictions applied to the freedom of expression (Article 10 of the ECHR) are subject of a restrictive interpretation. The extent of the discretion for the state authorities is determined by the character of the measure adopted, the nature of the activities, the legitimate objective pursued. By application of these elements there are cases of inexistence of a margin of appreciation and cases of an extensive national discretion. Participation in politics or in general interest debates, press activity have an indispensable role for the democratic society and are the beneficiaries of a special status which determines a limited maneuver space for states. 

Key-words: freedom of expression, restrictions, principle of proportionality, necessity of the national restriction


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