Judges’ Freedom of Expression on Social Media. The Standards of the Grand Chamber of the ECtHR in the Case of Danileț v. Romania Cover Image

Libertatea de exprimare a magistraților pe rețelele sociale. Standardele Marii Camere a CEDO în cauza Danileț c. României
Judges’ Freedom of Expression on Social Media. The Standards of the Grand Chamber of the ECtHR in the Case of Danileț v. Romania

Author(s): Mihaela Ghirca-Bogdan, Nicoleta Popescu
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Centrul de Studii Internationale
Keywords: freedom of expression; magistrates; social networks; limited margin of appreciation; debate of general interest; obligation of reserve; disciplinary sanction;

Summary/Abstract: The decision of the Grand Chamber of the European Court of Human Rights in the case of Danileț v. Romania (December 15, 2025) represents the most important jurisprudential landmark in the field of freedom of expression of magistrates on social networks and the first in which the European Court of Human Rights adapts its standards to the situation of the "ordinary" judge who expresses himself in the digital space without holding any special institutional position. This article reconstructs the jurisprudential and national context of the decision, analyzes the five criteria structured by the Grand Chamber for assessing the freedom of expression of magistrates and follows their concrete application to the applicant's two messages, in parallel with the reasoning of the Romanian disciplinary courts.

  • Issue Year: 22/2026
  • Issue No: 1
  • Page Range: 51-71
  • Page Count: 21
  • Language: Romanian
Toggle Accessibility Mode