11. Acțiune în constatarea caracterului ilicit al unei campanii de denigrare. Incidența dispozițiilor art. 10 din Convenția pentru apărarea drepturilor omului și a libertăților fundamentale. Condiții și efecte
11. Declaratory judgment of the illegal nature of a campaign of denigration. Applicability of the provisions of art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Conditions and effects

Summary/Abstract: A civil lawsuit concluded by the judgment which settles the merits, based upon the warranties provided by art. 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, includes, inter alia, the right of the parties to be actually “heard”, as the court of law is obliged to proceed to an actual, real and consistent examination of the means, arguments and evidence produced by the parties, at least for the purposes of appreciating their pertinence with a view to establishing the de facto and de jure situation. These requirements are not fulfilled in case in which the court of appeal, in its decision, exclusively adjudicated in relation to exceeding the limits of freedom of expression, without ruling, prior to this examination, on the possibility of finding the existence of a tort, in the absence of the person who issued the value judgments challenged as exceeding the limits of freedom of expression. Thus, no solution results from the judgment in relation to defending the defendant television broadcaster, which asserted that a possible exceeding of the limits set forth in art. 10 of the European Convention might be investigated only in relation to/an against the journalist, publicist or editor who issued the value judgments, and not exclusively for the activity carried on by the broadcaster.

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