Article en détail     N° 2017/109    Page : 221
<< Retour  

Christine MATRAY
Conseiller honoraire à la Cour de cassation

23 juin 2016 - Cour eur. dr. h., Gde Ch., Baka c. Hongrie

The jurisprudence of the European Court of Human Rights has desacralized the judge who can now, like any other citizen, claim freedom of expression. Desacralized but not trivialised because judges’ speech is assumed to serve a specific democratic purpose, such that it must enjoy a high level of protection. Furthermore, the Court provides a framework for the exercise of judges’ freedom of expression : discretion, restraint, dignity, moderation, loyalty, which are expressions that seem to come straight out of a good manners’ guide. It will therefore ultimately be necessary to examine on a case-by-case basis whether or not the restrictions imposed on judges’ freedom of expression are « necessary in a democratic society » within the meaning of Article 10 § 2.