Freedom of expression of judges : European and national perspectives
Loading...
Files
Book_cover_2025_Casarosa.JPG (62.87 KB)
Book cover (2025)
License
Cadmus Permanent Link
Full-text via DOI
ISSN
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Abingdon ; New York : Routledge, 2025
Cite
CASAROSA, Federica, FAJDIGA, Mohor, MORARU, Madalina Bianca (editor/s), Freedom of expression of judges : European and national perspectives, Abingdon ; New York : Routledge, 2025 - https://hdl.handle.net/1814/77854
Abstract
This book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard judicial independence, impartiality and public trust in the judiciary. Where exactly the boundary lies is a highly complex question. The recent developments in Europe have rekindled the dilemma of guaranteeing freedom of expression to judges. The rule of law crisis has led many judges to speak out against the attacks of autocratic governments targeting judges and courts. The rapid expansion of the digital world has opened up new channels of communication, and the growing role of courts in society has expanded the reach of courts to practically any social issue, even the most polarised. This work critically analyses the recent jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, its reception at the national level and the contribution of national judiciaries to the discussion pervading the European judicial space. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration. The book will be of interest to academics, researchers, and policy-makers working in the areas of Human Rights Law, Constitutional Law and Politics, and Comparative Law.
Table of Contents
-- PART 1 Judicial free speech standards emerging from the European courts jurisprudence and other horizontal issues
-- 1 Should judicial voices be heard? Judicial interactions between national and European courts reframing freedom of expression as a tool to protect the European rule of law
-- 2 The freedom of expression of judges in Europe: an analysis of the case law under Article 10 of the European Convention of Human Rights: The rule of law in the leading role
-- 3 Chilling effect or no chilling effect: To be or not to be for freedom of expression of judges before the European Court of Human Rights
-- 4 What standards should be applied to judges exercising freedom of expression on social networks?
-- PART 2 Lessons for Europe: National perspectives on freedom of expression of judges
-- 5 All quiet in the judiciary: Low voice of Hungarian judges and the role of European courts
-- 6 Speech is silver. Is silence golden?
-- 7 Judges’ presence on Twitter in times of constitutional breakdown in Poland
-- 8 Working as a judge or being a judge: On the specific features of freedom of expression of the judiciary in Italy
-- PART 3 Epilogue
-- 9 (Personal) reflections on (legal) developments concerning freedom of expression of judges
Additional Information
Published online: 18 December 2024