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Carmen MOLDOVAN: The connection between the principle of subsidiarity and the restrictions applied to freedom of expression

Abstract: The protection of fundamental rights (including freedom of expression) is a concern expressed by States both at the international level – materialized in legal instruments establishing general guidelines on their content, scope and possible restrictions – and at the national level – materialized notably by the reception of principles and international standards. A special feature of the international regulations in this matter is the recognition of  liberty for Member States in determining the limitations to be applied by domestic provisons under the principle of subsidiarity. This papers aims at analyzing the main features of the principle of subsidiarity originated in classic international law and the interrelationship with fundamental rights, particularly freedom of expression protected by the European Convention on Human Rights system.

Keywords: national margin of appreciation, proportionality, national interference


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