Milašiūtė Vygantė, Interpretation of the Right to an Effective Remedy in Freedom of Expression Cases in the Light of the Rule of Law Principle
Interpretation of the Right to an Effective Remedy in Freedom of Expression Cases in the Light of the Rule of Law Principle
1.Introduction
The paper focuses on the protection of freedom of expression of judges and prosecutors who exercise this freedom in their professional capacity, to promote the rule of law, but suffer negative consequences as a result. The starting point is the European Court of Human Rights (ECtHR) judgment in the case of Kövesi v. Romania. The case law of the ECtHR is examined in the light of the conception of the rule of law as developed by the ECtHR.
The focus is on the question of what legal remedy should be afforded to judges and prosecutors when their freedom of expression in this context is protected as a human right. In particular, the issues of whether this remedy should necessarily be judicial and what quality requirements it should meet are analysed in this paper.
Examination of the question indicated above raises two further questions. Firstly, does the fact that a person is exercising his/her freedom of expression in order to promote the rule of law heighten the level of protection of this...
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