CONSTITUȚIONALITATEA INCRIMINĂRII DISCURSULUI INSTIGATOR LA URĂ. ÎNTRE LIBERTATEA DE EXPRIMARE ȘI NECESITATEA PROTECȚIEI SOCIALE
THE CONSTITUTIONALITY OF CRIMINALIZING HATE SPEECH: BALANCING FREEDOM OF EXPRESSION AND THE IMPERATIVE OF SOCIAL PROTECTION

Summary/Abstract: The article explores the complex relationship between freedom of expression, enshrined both in constitutional and conventional instruments, and the criminalization of hate speech. Starting from Articles 30 and 53 of the Romanian Constitution and Article 10 of the ECHR, it examines the jurisprudence of the Romanian Constitutional Court, the European Court of Human Rights, and the Court of Justice of the European Union, focusing on the balance between human dignity, democratic pluralism, and public order. The analysis is enriched by comparative law perspectives (Germany, France, USA, UK) and by critical insights on the application of Article 369 of the Romanian Criminal Code in judicial practice. The main conclusion is that the criminal sanctioning of hate speech is compatible with constitutional principles, but it must be applied restrictively, respecting proportionality and complemented by non-criminal public policies.

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