Article en détail     N° 2017/109    Page : 169
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To be silent is to lie

Présidente de l’Association syndicale des magistrats
Avocat spécialisé en droit des médias
Chargé de cours à l’Université libre de Bruxelles

23 avril 2015 - Cour eur. dr. h., Gde Ch., Morice c. France

The Morice Case raises a fundamental issue : what protection should be granted to the lawyer denouncing a malfunctioning of the judiciary ? However, the Court avoids answering that question. We hold that the lawyer is, if not the only one, at least in the best position, because of both his or her expertise and the tools at his or her disposal, to detect the malfunctioning of the judiciary and to denounce it. In the face of such alarm, the exception provided for by Article 10, § 2, in favour of maintaining the authority and the impartiality of the judiciary, cannot justify any kind of interference, as it is the malfunctioning, and not its denouncing, which undermines said authority.