Lawyers’ freedom of expression in ECHR jurisprudence Cover Image

Libertatea de exprimare a avocatului în jurisprudența CEDO
Lawyers’ freedom of expression in ECHR jurisprudence

Author(s): Adela-Diana Tarța
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Editura Solomon
Keywords: freedom of expression; reputation; lawyer; balance; protection;

Summary/Abstract: Considering the continuous development of society, the evolution of the media, the increasingly efficient technical means, but also the taking over of a Western, liberal mindset, the freedom of expression acquires an essential role these days. With this evolution, tolerance and the spirit of openness are imperative, allowing people to express their opinion in public or in private. In certain professions, such as lawyering, freedom of expression plays an essential role, and effective means of protection are particularly important, as this leads to the development of a sense of security, intimacy, dignity andhonour, essential values in both a democratic society, as well as in this profession.However, with the exercise of the right to free expression, multiple hypotheses of intrusions - justified or unjustified - may arise regarding the rights of other persons, thus damaging their private life, their reputation or their dignity, for example by transmitting untruthful, degrading or confidential information in connection with other participants in the act of justice. Therefore, given that in some situations freedom of expression can affect the rights of others, there must be determined certain criteria for balancing these interests.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 51-58
  • Page Count: 8
  • Language: Romanian